Minnesota Legislature Meets in Special Session; House Passes Remote Notary Bill

On Monday, in accordance with state law requiring Governor Walz’s most recent extension of his peacetime emergency order to be affirmed every 30 days, the Minnesota legislature convened for its fifth special session since their regular legislative session ended in May.

The state House took up and unanimously passed a bill that permits video conferencing to satisfy the requirement to appear personally before a notarial officer for certain conveyances.

The bill deems that the requirement to appear in person is met if both the notarial officer and the signer are both in Minnesota and communicate via video conference. The bill also requires that the notarial officer meet several requirements, including:

• Taking reasonable steps to ensure the integrity, security, and authenticity of the audio and video record of the performance of the notarial act
• Maintaining a backup of the audio and video record required in paragraph and protecting the record and the backup from unauthorized access or use.
• Maintaining the recording for at least ten years after the date of the transaction or proceeding.

​The Senate is expected to take up and vote on the same bill language on Thursday. Should it pass, this legislation would be in effect during the Governor’s peacetime emergency and for 60 days after its eventual expiration. The full text of the bill can be found on the Office of the Revisor of Statues website.