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IN House Bill 1032

Legislation

State: Indiana
Signed: March 13, 2024

Effective: July 01, 2024
Chapter: Public Law No. 130.

Summary

House Bill 1032 amends the statutes governing so-called “Legislative Notaries” and strikes the word “seal” from the required elements in a Notary Public’s official seal and electronic seal.

Affects

Adds Section 2-3-4-0.5 to and amends Sections 2-3-4-1, 2-3-4-2, 2-3-4-3, 2-3-4-4, 33-42-0.5-13, and 33-42-0.5-21 of the Indiana Code.

Changes
  1. Defines “Legislative Notary” to mean a member of the General Assembly, the Principal Clerk of the House of Representatives, and the Principal Secretary of the Senate.
  2. Requires a Legislative Notary to show the date the Legislative Notary's power expires on a document notarized by the Legislative Notary.
  3. Clarifies that the power of a Legislative Notary who is a member of the General Assembly expires on the date the individual's current term of office expires.
  4. Clarifies that the power of a Legislative Notary who is not a member of the General Assembly expires on the date the term of the current General Assembly expires.
  5. No longer requires the official seal and electronic seal of a Notary Public to contain the word “seal” as a required element.
  6. Makes stylistic and technical amendments.
Analysis

In Indiana, members of the General Assembly, the Principal Clerk of the House of Representatives, and the Principal Secretary of the Senate have the powers of a Notary Public. They are entitled to the same fees as Notaries Public and any violations of Notary law that they commit apply equally to them.

House Bill 1032 largely makes technical amendments to current law. However, there are some important new changes as well. Current law requires a Legislative Notary who is a member of the General Assembly to indicate on the document when the individual was elected to the General Assembly, but this is no longer required. Also, current law does not require the Principal Clerk of the House of Representatives or the Principal Secretary of the Senate to indicate when their authority as a Legislative Notary expires. House Bill 1032 now clearly defines when the power of a Legislative Notary expires and requires all Legislative Notaries — including the Principal Clerk of the House of Representatives and the Principal Secretary of the Senate — to indicate on a document they sign the date their power as a Legislative Notary expires.

In addition, while Legislative Notaries must obtain and use an official seal, the bill clarifies that a Legislative Notary may administer oaths, protest notes, and checks without attesting the act by a seal.

A late amendment to IC 33-42-0.5-13 and 33-42-0.5-21 in the Notary Public statutes no longer requires the electronic seal or official seal, respectively, of a Notary Public to contain the word “seal.” All other required informational elements specified in these statutes must appear in a Notary's electronic seal or official seal.

Read House Bill 1032.

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