*EH1032.1*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1032
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DIGEST OF HB 1032 (Updated February 21, 2024 4:39 pm - DI 149)
Citations Affected: IC 2-3; IC 33-42.
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. Specifies that the word "seal" does
not need to be contained within an electronic seal or official seal.
Effective: July 1, 2024.
Torr
(SENATE SPONSORS — FREEMA N, KOCH, BROWN L)
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.
February 1, 2024, engrossed. Read third time, passed. Yeas 95, nays 0.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Judiciary.
February 22, 2024, amended, reported favorably — Do Pass.
EH 1032—LS 6018/DI 154 February 23, 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.
ENGROSSED
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
EH 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
EH 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.
14 SECTION 6. IC 33-42-0.5-13, AS ADDED BY P.L.59-2018,
15 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 13. "Electronic seal" means information that:
17 (1) is specific to an individual notary public;
18 (2) is attached to or associated with a notarized electronic record;
19 and
20 (3) contains:
21 (A) the words, "notary public";
22 (B) the words, "state of Indiana";
23 (C) the word, "seal";
24 (D) (C) the notary public's name as it appears on the notary
25 public's commission certificate;
26 (E) (D) the words, "commission number", followed by the
27 commission number of the notary public; and
28 (F) (E) the words, "my commission expires", followed by the
29 expiration date of the notary public's commission.
30 SECTION 7. IC 33-42-0.5-21, AS ADDED BY P.L.59-2018,
31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 21. (a) "Official seal" means either of the
33 following:
34 (1) A physical image that is affixed to or embossed upon a
35 tangible record.
36 (2) An electronic image that is attached to or associated with an
37 electronic record.
38 (b) An "official seal" does not require the word "seal" to be
39 contained within the physical or electronic image described in
40 subsection (a).
41 SECTION 8. IC 33-42-10-2, AS ADDED BY P.L.128-2017,
42 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1032—LS 6018/DI 154 4
1 JULY 1, 2024]: Sec. 2. (a) The official seal of a notary public must
2 include the following:
3 (1) The words "notary public".
4 (2) The words "state of Indiana".
5 (3) The word "seal".
6 (4) (3) The name of the notary public exactly as it appears on the
7 notary public's commission certificate.
8 (5) (4) The words "commission number" followed by the
9 commission number of the notary public.
10 (6) (5) The words "my commission expires" followed by the
11 expiration date of the notary public's commission.
12 (b) The seal described in subsection (a) must be capable of being
13 copied together with the record to which it is affixed, attached, or
14 associated.
15 (c) The seal described in subsection (a) may include any other
16 information chosen by the notary public to be included on the seal.
EH 1032—LS 6018/DI 154 5
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
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COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred House Bill No. 1032, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 3, after line 13, begin a new paragraph and insert:
"SECTION 6. IC 33-42-0.5-13, AS ADDED BY P.L.59-2018,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13. "Electronic seal" means information that:
(1) is specific to an individual notary public;
(2) is attached to or associated with a notarized electronic record;
EH 1032—LS 6018/DI 154 6
and
(3) contains:
(A) the words, "notary public";
(B) the words, "state of Indiana";
(C) the word, "seal";
(D) (C) the notary public's name as it appears on the notary
public's commission certificate;
(E) (D) the words, "commission number", followed by the
commission number of the notary public; and
(F) (E) the words, "my commission expires", followed by the
expiration date of the notary public's commission.
SECTION 7. IC 33-42-0.5-21, AS ADDED BY P.L.59-2018,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 21. (a) "Official seal" means either of the
following:
(1) A physical image that is affixed to or embossed upon a
tangible record.
(2) An electronic image that is attached to or associated with an
electronic record.
(b) An "official seal" does not require the word "seal" to be
contained within the physical or electronic image described in
subsection (a).
SECTION 8. IC 33-42-10-2, AS ADDED BY P.L.128-2017,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) The official seal of a notary public must
include the following:
(1) The words "notary public".
(2) The words "state of Indiana".
(3) The word "seal".
(4) (3) The name of the notary public exactly as it appears on the
notary public's commission certificate.
(5) (4) The words "commission number" followed by the
commission number of the notary public.
(6) (5) The words "my commission expires" followed by the
expiration date of the notary public's commission.
(b) The seal described in subsection (a) must be capable of being
copied together with the record to which it is affixed, attached, or
associated.
(c) The seal described in subsection (a) may include any other
information chosen by the notary public to be included on the seal.".
Renumber all SECTIONS consecutively.
EH 1032—LS 6018/DI 154 7
and when so amended that said bill do pass.
(Reference is to HB 1032 as reprinted February 1, 2024.)
BROWN L, Chairperson
Committee Vote: Yeas 10, Nays 0.
EH 1032—LS 6018/DI 154