*HB1032.2*
Reprinted
February 1, 2024
HOUSE BILL No. 1032
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DIGEST OF HB 1032 (Updated January 31, 2024 11:43 am - DI 154)
Citations Affected: IC 2-3.
Synopsis: Legislative notaries. Makes stylistic and technical changes
to the statute that confers notarial powers on members of the general
assembly, the principal clerk of the house of representatives, and the
principal secretary of the senate. Provides that the power of a
legislative notary expires: (1) on the date the current term of office of
the individual expires, if the individual is a member of the general
assembly; or (2) on the date the term of the current general assembly
expires, if the individual is the principal clerk of the house of
representatives or the principal secretary of the senate. (Current law
does not state when the power of a legislative notary expires.) Provides
that a legislative notary must indicate on a document that the legislative
notary signs the date the legislative notary's power expires. (Under
current law, a legislative notary who is a member of the general
assembly must indicate on the document when the individual was
elected to the general assembly. The law does not currently impose
such a requirement on the principal clerk of the house of
representatives or the principal secretary of the senate.) Provides that
a legislative notary may administer oaths, protest notes, and checks
without attesting the act by a seal.
Effective: July 1, 2024.
Torr
January 8, 2024, read first time and referred to Committee on Judiciary.
January 29, 2024, reported — Do Pass.
January 31, 2024, read second time, amended, ordered engrossed.
HB 1032—LS 6018/DI 154 Reprinted
February 1, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1032
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-3-4-0.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 0.5. As used in this chapter, "legislative notary"
4 refers to any of the following:
5 (1) A member of the general assembly.
6 (2) The principal clerk of the house of representatives.
7 (3) The principal secretary of the senate.
8 SECTION 2. IC 2-3-4-1 IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any member of the general
10 assembly, the principal clerk of the house of representatives, or the
11 secretary of the senate A legislative notary may do any of the
12 following:
13 (1) Take acknowledgment to deeds a deed or any other
14 instruments instrument in writing.
15 (2) Administer oaths, protest notes, and checks.
16 (3) Take the deposition of a witness.
17 (4) Take and certify affidavits and depositions an affidavit or a
HB 1032—LS 6018/DI 154 2
1 deposition. and
2 (5) Perform any other duty conferred upon a notary public by the
3 statutes of Indiana statutes.
4 (b) Acknowledgments An acknowledgment to deeds a deed or
5 other instruments instrument taken by any such person shall entitle
6 such deeds a legislative notary entitles the deed or other instruments
7 instrument to be recorded the same as though acknowledged before a
8 notary public.
9 SECTION 3. IC 2-3-4-2 IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) No member of the general
11 assembly shall be Except as provided in subsection (c), a legislative
12 notary is not authorized to perform any of the duties mentioned acts
13 described in section 1 of this chapter until he shall have procured such
14 the individual procures a seal as that will stamp upon paper a distinct
15 impression, in words or letters, sufficiently indicating his the
16 individual's official character as a legislative notary. The individual
17 to which may be added such add to the seal any other device as he
18 may choose. All acts the individual chooses.
19 (b) Except as provided in subsection (c), an act not attested by
20 such a seal shall be described in subsection (a) is void.
21 (c) If a legislative notary is performing an act described in
22 section 1(a)(2) of this chapter, the act does not need to be attested
23 by a seal.
24 SECTION 4. IC 2-3-4-3, AS AMENDED BY P.L.136-2018,
25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 3. (a) It shall be the duty of every member of the
27 general assembly When performing any of the acts as set forth
28 described in section 1 of this chapter, a legislative notary must show
29 the date that the legislative notary's power expires as provided in
30 subsection (c) on the document at the time of signing any certificates
31 of the legislative notary signs an acknowledgment, of a deed,
32 mortgage or other instrument, or any a jurat, or any other official
33 document. to append to such certificate the date of the member's
34 election to the general assembly.
35 (b) The jurisdiction power of any such member a legislative notary
36 to perform the duties mentioned acts described in this section shall be
37 coextensive with the state of section 1 of this chapter extends
38 throughout Indiana.
39 (c) The power of a legislative notary expires as follows:
40 (1) If the individual is a member of the general assembly, the
41 date the individual's current term of office expires.
42 (2) If the legislative notary is not a member of the general
HB 1032—LS 6018/DI 154 3
1 assembly, the date the term of the current general assembly
2 expires.
3 SECTION 5. IC 2-3-4-4 IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Any such member A
5 legislative notary performing any of the acts or duties hereunder shall
6 be described in section 1 of this chapter is entitled to the same fees
7 as those charged by notaries a notary public. and where any
8 (b) If an act by a notary public would be a violation of the law, it
9 shall likewise be the same act performed by a legislative notary is
10 a violation of the law. if committed by a member of said general
11 assembly in the performance of any of the duties or acts authorized
12 hereunder. All laws and parts of laws in conflict herewith are hereby
13 repealed.
HB 1032—LS 6018/DI 154 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1032, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill do pass.
(Reference is to HB 1032 as introduced.)
JETER
Committee Vote: Yeas 10, Nays 0
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1032 be amended to read as
follows:
Page 2, line 11, delete "A" and insert "Except as provided in
subsection (c), a".
Page 2, line 19, delete "An" and insert "Except as provided in
subsection (c), an".
Page 2, between lines 20 and 21, begin a new paragraph and insert:
"(c) If a legislative notary is performing an act described in
section 1(a)(2) of this chapter, the act does not need to be attested
by a seal.".
(Reference is to HB 1032 as printed January 29, 2024.)
CLERE
HB 1032—LS 6018/DI 154