MN House File 3187

Legislation

State: Minnesota
Signed: April 06, 2010

Effective: August 01, 2010
Chapter: 220

Summary

House File 3187 permits any oath or affirmation subject to Minnesota’s Notary statutes in MS 358.07-358.09 to be taken under penalty of perjury without notarization in a matter involving a civil commitment. The new law also permits electronic documents with electronic signatures to be filed in matters related to civil commitments provided that security mechanisms that mirror the mechanisms the NNA has long advocated for electronic notarizations are instituted.

Affects

Amends Section 253B.23 of the Minnesota Statutes.

Changes

Authorizes an oath or affirmation in connection with a civil commitment to be made under penalty of perjury without notarization.
Authorizes an electronic document related to a civil commitment to qualify as a signed document: (1) without a person’s physical signature if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication 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 (2) with the person’s physical signature, if the document is optically scanned into the entity's records.
Authorizes the committing court to 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.

Analysis

House File 3187 permits any oath or affirmation subject to Minnesota’s Notary statutes in MS 358.07-358.09 to be taken under penalty of perjury without notarization in a matter involving a civil commitment. A civil commitment is the legal process of having a court order a person with a mental illness into treatment if the person is unable to care for or is a danger to him- or herself or others. The NNA has reported on similar bills that permit an oath to be made under penalty of perjury in the past and has worked with legislators to narrow the scope of these bills as much as possible. In the case of HF 3187, the provision applies only to civil commitments. HF 3187 also permits electronic documents with electronic signatures to be filed in matters related to civil commitments provided that certain security mechanisms are in place, including a two-factor authentication process (such as a username and password) or biometric identification (such as a thumbprint or retinal scan) and a means for rendering the electronic document unmodifiable after it is electronically signed. These electronic documents do not require notarization, but it is significant that in matters related to civil commitments, the Minnesota Legislature and Governor agree that electronic documents must contain essentially the same security provisions that the NNA has long advocated for electronic notarial acts.

Read House File 3187.