Minnesota Session Laws - 2010, Regular Session

CHAPTER 220--H.F.No. 3187

An act

relating to civil commitments; providing for oaths or affirmations without notarization and the acceptability of electronic signatures and documents;

amending Minnesota Statutes 2008, section 253B.23, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 253B.23, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Signatures on documents and statements under oath. new text end

new text begin (a) Notwithstanding sections 358.07 to 358.09, written statements or documents made within this state in connection with proceedings under this chapter are deemed to be made under oath or affirmation without notarization if the person signing the document attests, at the end of the document, in substantially the following form: new text end

new text begin "I declare under penalty of perjury under the laws of the state of Minnesota that the foregoing is true and correct. new text end

new text begin Executed on ............................(date) in the county of ............................(county name) in the state of Minnesota. new text end

new text begin . (signature) new text end

new text begin . (signer's address and telephone number)." new text end

new text begin A document that is sworn to or affirmed under this paragraph without notarization must include a telephone number and address where the signer can be contacted. new text end

new text begin (b) If a document is required to be signed in order to be effective, an electronic document qualifies as a signed document: new text end

new text begin (1) without the person's physical signature, if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication, such as name and password, or biometric identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document after the electronic signature is affixed, and the document indicates an electronic signature in some manner, such as "s/........................................(name of signer)"; or new text end

new text begin (2) with the person's physical signature, if the document is optically scanned into the entity's records. new text end

new text begin (c) Notwithstanding paragraph (b), the committing court may determine that an entity's electronic signature system does not provide sufficient assurance of authenticity of signed documents or that an electronic signature system different from that described in paragraph (b) provides sufficient assurance of authenticity. new text end

new text begin (d) An electronically transmitted facsimile of a document, including a document described in paragraph (a) or (b), may be filed with the committing court and received into evidence in the same manner and with the same effect as the original document. new text end

new text begin (e) Nothing in this subdivision alters any statute, rule, standard, or practice for accepting documents for filing or admitting documents as evidence, except with respect to: new text end

new text begin (1) the manner of making written statements under oath or affirmation; new text end

new text begin (2) the acceptability of electronically transmitted facsimile copies; and new text end

new text begin (3) the acceptability of electronic signatures. new text end

new text begin Paragraph (b) addresses only the acceptability of documents obtained from an entity's electronic records system and does not determine whether the committing court is required or permitted to accept electronic filing of documents. new text end

Presented to the governor April 6, 2010

Signed by the governor April 6, 2010, 4:21 p.m.