Indiana 2024 Regular Session

Indiana House Bill HB1032 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1032.1
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1032
	5	+	_____
	6	+	DIGEST OF HB 1032 (Updated February 21, 2024 4:39 pm - DI 149)
	7	+	Citations Affected: IC 2-3; IC 33-42.
	8	+	Synopsis: Legislative notaries. Makes stylistic and technical changes
	9	+	to the statute that confers notarial powers on members of the general
	10	+	assembly, the principal clerk of the house of representatives, and the
	11	+	principal secretary of the senate. Provides that the power of a
	12	+	legislative notary expires: (1) on the date the current term of office of
	13	+	the individual expires, if the individual is a member of the general
	14	+	assembly; or (2) on the date the term of the current general assembly
	15	+	expires, if the individual is the principal clerk of the house of
	16	+	representatives or the principal secretary of the senate. (Current law
	17	+	does not state when the power of a legislative notary expires.) Provides
	18	+	that a legislative notary must indicate on a document that the legislative
	19	+	notary signs the date the legislative notary's power expires. (Under
	20	+	current law, a legislative notary who is a member of the general
	21	+	assembly must indicate on the document when the individual was
	22	+	elected to the general assembly. The law does not currently impose
	23	+	such a requirement on the principal clerk of the house of
	24	+	representatives or the principal secretary of the senate.) Provides that
	25	+	a legislative notary may administer oaths, protest notes, and checks
	26	+	without attesting the act by a seal. Specifies that the word "seal" does
	27	+	not need to be contained within an electronic seal or official seal.
	28	+	Effective: July 1, 2024.
	29	+	Torr
	30	+	(SENATE SPONSORS — FREEMA N, KOCH, BROWN L)
	31	+	January 8, 2024, read first time and referred to Committee on Judiciary.
	32	+	January 29, 2024, reported — Do Pass.
	33	+	January 31, 2024, read second time, amended, ordered engrossed.
	34	+	February 1, 2024, engrossed. Read third time, passed. Yeas 95, nays 0.
	35	+	SENATE ACTION
	36	+	February 12, 2024, read first time and referred to Committee on Judiciary.
	37	+	February 22, 2024, amended, reported favorably — Do Pass.
	38	+	EH 1032—LS 6018/DI 154 February 23, 2024
1	39		Second Regular Session of the 123rd General Assembly (2024)
2	40		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	41		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	42		additions will appear in this style type, and deletions will appear in this style type.
5	43		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	44		provision adopted), the text of the new provision will appear in this style type. Also, the
7	45		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	46		a new provision to the Indiana Code or the Indiana Constitution.
9	47		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	48		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1032
12		-	AN ACT to amend the Indiana Code concerning the general
13		-	assembly.
	49	+	ENGROSSED
	50	+	HOUSE BILL No. 1032
	51	+	A BILL FOR AN ACT to amend the Indiana Code concerning the
	52	+	general assembly.
14	53		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 2-3-4-0.5 IS ADDED TO THE INDIANA CODE
16		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17		-	1, 2024]: Sec. 0.5. As used in this chapter, "legislative notary"
18		-	refers to any of the following:
19		-	(1) A member of the general assembly.
20		-	(2) The principal clerk of the house of representatives.
21		-	(3) The principal secretary of the senate.
22		-	SECTION 2. IC 2-3-4-1 IS AMENDED TO READ AS FOLLOWS
23		-	[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any member of the general
24		-	assembly, the principal clerk of the house of representatives, or the
25		-	secretary of the senate A legislative notary may do any of the
26		-	following:
27		-	(1) Take acknowledgment to deeds a deed or any other
28		-	instruments instrument in writing.
29		-	(2) Administer oaths, protest notes, and checks.
30		-	(3) Take the deposition of a witness.
31		-	(4) Take and certify affidavits and depositions an affidavit or a
32		-	deposition. and
33		-	(5) Perform any other duty conferred upon a notary public by the
34		-	statutes of Indiana statutes.
35		-	(b) Acknowledgments An acknowledgment to deeds a deed or
36		-	HEA 1032 — Concur 2
37		-	other instruments instrument taken by any such person shall entitle
38		-	such deeds a legislative notary entitles the deed or other instruments
39		-	instrument to be recorded the same as though acknowledged before a
40		-	notary public.
41		-	SECTION 3. IC 2-3-4-2 IS AMENDED TO READ AS FOLLOWS
42		-	[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) No member of the general
43		-	assembly shall be Except as provided in subsection (c), a legislative
44		-	notary is not authorized to perform any of the duties mentioned acts
45		-	described in section 1 of this chapter until he shall have procured such
46		-	the individual procures a seal as that will stamp upon paper a distinct
47		-	impression, in words or letters, sufficiently indicating his the
48		-	individual's official character as a legislative notary. The individual
49		-	to which may be added such add to the seal any other device as he
50		-	may choose. All acts the individual chooses.
51		-	(b) Except as provided in subsection (c), an act not attested by
52		-	such a seal shall be described in subsection (a) is void.
53		-	(c) If a legislative notary is performing an act described in
	54	+	1 SECTION 1. IC 2-3-4-0.5 IS ADDED TO THE INDIANA CODE
	55	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	56	+	3 1, 2024]: Sec. 0.5. As used in this chapter, "legislative notary"
	57	+	4 refers to any of the following:
	58	+	5 (1) A member of the general assembly.
	59	+	6 (2) The principal clerk of the house of representatives.
	60	+	7 (3) The principal secretary of the senate.
	61	+	8 SECTION 2. IC 2-3-4-1 IS AMENDED TO READ AS FOLLOWS
	62	+	9 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any member of the general
	63	+	10 assembly, the principal clerk of the house of representatives, or the
	64	+	11 secretary of the senate A legislative notary may do any of the
	65	+	12 following:
	66	+	13 (1) Take acknowledgment to deeds a deed or any other
	67	+	14 instruments instrument in writing.
	68	+	15 (2) Administer oaths, protest notes, and checks.
	69	+	16 (3) Take the deposition of a witness.
	70	+	17 (4) Take and certify affidavits and depositions an affidavit or a
	71	+	EH 1032—LS 6018/DI 154 2
	72	+	1 deposition. and
	73	+	2 (5) Perform any other duty conferred upon a notary public by the
	74	+	3 statutes of Indiana statutes.
	75	+	4 (b) Acknowledgments An acknowledgment to deeds a deed or
	76	+	5 other instruments instrument taken by any such person shall entitle
	77	+	6 such deeds a legislative notary entitles the deed or other instruments
	78	+	7 instrument to be recorded the same as though acknowledged before a
	79	+	8 notary public.
	80	+	9 SECTION 3. IC 2-3-4-2 IS AMENDED TO READ AS FOLLOWS
	81	+	10 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) No member of the general
	82	+	11 assembly shall be Except as provided in subsection (c), a legislative
	83	+	12 notary is not authorized to perform any of the duties mentioned acts
	84	+	13 described in section 1 of this chapter until he shall have procured such
	85	+	14 the individual procures a seal as that will stamp upon paper a distinct
	86	+	15 impression, in words or letters, sufficiently indicating his the
	87	+	16 individual's official character as a legislative notary. The individual
	88	+	17 to which may be added such add to the seal any other device as he
	89	+	18 may choose. All acts the individual chooses.
	90	+	19 (b) Except as provided in subsection (c), an act not attested by
	91	+	20 such a seal shall be described in subsection (a) is void.
	92	+	21 (c) If a legislative notary is performing an act described in
	93	+	22 section 1(a)(2) of this chapter, the act does not need to be attested
	94	+	23 by a seal.
	95	+	24 SECTION 4. IC 2-3-4-3, AS AMENDED BY P.L.136-2018,
	96	+	25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	97	+	26 JULY 1, 2024]: Sec. 3. (a) It shall be the duty of every member of the
	98	+	27 general assembly When performing any of the acts as set forth
	99	+	28 described in section 1 of this chapter, a legislative notary must show
	100	+	29 the date that the legislative notary's power expires as provided in
	101	+	30 subsection (c) on the document at the time of signing any certificates
	102	+	31 of the legislative notary signs an acknowledgment, of a deed,
	103	+	32 mortgage or other instrument, or any a jurat, or any other official
	104	+	33 document. to append to such certificate the date of the member's
	105	+	34 election to the general assembly.
	106	+	35 (b) The jurisdiction power of any such member a legislative notary
	107	+	36 to perform the duties mentioned acts described in this section shall be
	108	+	37 coextensive with the state of section 1 of this chapter extends
	109	+	38 throughout Indiana.
	110	+	39 (c) The power of a legislative notary expires as follows:
	111	+	40 (1) If the individual is a member of the general assembly, the
	112	+	41 date the individual's current term of office expires.
	113	+	42 (2) If the legislative notary is not a member of the general
	114	+	EH 1032—LS 6018/DI 154 3
	115	+	1 assembly, the date the term of the current general assembly
	116	+	2 expires.
	117	+	3 SECTION 5. IC 2-3-4-4 IS AMENDED TO READ AS FOLLOWS
	118	+	4 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Any such member A
	119	+	5 legislative notary performing any of the acts or duties hereunder shall
	120	+	6 be described in section 1 of this chapter is entitled to the same fees
	121	+	7 as those charged by notaries a notary public. and where any
	122	+	8 (b) If an act by a notary public would be a violation of the law, it
	123	+	9 shall likewise be the same act performed by a legislative notary is
	124	+	10 a violation of the law. if committed by a member of said general
	125	+	11 assembly in the performance of any of the duties or acts authorized
	126	+	12 hereunder. All laws and parts of laws in conflict herewith are hereby
	127	+	13 repealed.
	128	+	14 SECTION 6. IC 33-42-0.5-13, AS ADDED BY P.L.59-2018,
	129	+	15 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	130	+	16 JULY 1, 2024]: Sec. 13. "Electronic seal" means information that:
	131	+	17 (1) is specific to an individual notary public;
	132	+	18 (2) is attached to or associated with a notarized electronic record;
	133	+	19 and
	134	+	20 (3) contains:
	135	+	21 (A) the words, "notary public";
	136	+	22 (B) the words, "state of Indiana";
	137	+	23 (C) the word, "seal";
	138	+	24 (D) (C) the notary public's name as it appears on the notary
	139	+	25 public's commission certificate;
	140	+	26 (E) (D) the words, "commission number", followed by the
	141	+	27 commission number of the notary public; and
	142	+	28 (F) (E) the words, "my commission expires", followed by the
	143	+	29 expiration date of the notary public's commission.
	144	+	30 SECTION 7. IC 33-42-0.5-21, AS ADDED BY P.L.59-2018,
	145	+	31 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	146	+	32 JULY 1, 2024]: Sec. 21. (a) "Official seal" means either of the
	147	+	33 following:
	148	+	34 (1) A physical image that is affixed to or embossed upon a
	149	+	35 tangible record.
	150	+	36 (2) An electronic image that is attached to or associated with an
	151	+	37 electronic record.
	152	+	38 (b) An "official seal" does not require the word "seal" to be
	153	+	39 contained within the physical or electronic image described in
	154	+	40 subsection (a).
	155	+	41 SECTION 8. IC 33-42-10-2, AS ADDED BY P.L.128-2017,
	156	+	42 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	157	+	EH 1032—LS 6018/DI 154 4
	158	+	1 JULY 1, 2024]: Sec. 2. (a) The official seal of a notary public must
	159	+	2 include the following:
	160	+	3 (1) The words "notary public".
	161	+	4 (2) The words "state of Indiana".
	162	+	5 (3) The word "seal".
	163	+	6 (4) (3) The name of the notary public exactly as it appears on the
	164	+	7 notary public's commission certificate.
	165	+	8 (5) (4) The words "commission number" followed by the
	166	+	9 commission number of the notary public.
	167	+	10 (6) (5) The words "my commission expires" followed by the
	168	+	11 expiration date of the notary public's commission.
	169	+	12 (b) The seal described in subsection (a) must be capable of being
	170	+	13 copied together with the record to which it is affixed, attached, or
	171	+	14 associated.
	172	+	15 (c) The seal described in subsection (a) may include any other
	173	+	16 information chosen by the notary public to be included on the seal.
	174	+	EH 1032—LS 6018/DI 154 5
	175	+	COMMITTEE REPORT
	176	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	177	+	House Bill 1032, has had the same under consideration and begs leave
	178	+	to report the same back to the House with the recommendation that said
	179	+	bill do pass.
	180	+	(Reference is to HB 1032 as introduced.)
	181	+	JETER
	182	+	Committee Vote: Yeas 10, Nays 0
	183	+	_____
	184	+	HOUSE MOTION
	185	+	Mr. Speaker: I move that House Bill 1032 be amended to read as
	186	+	follows:
	187	+	Page 2, line 11, delete "A" and insert "Except as provided in
	188	+	subsection (c), a".
	189	+	Page 2, line 19, delete "An" and insert "Except as provided in
	190	+	subsection (c), an".
	191	+	Page 2, between lines 20 and 21, begin a new paragraph and insert:
	192	+	"(c) If a legislative notary is performing an act described in
54	193		section 1(a)(2) of this chapter, the act does not need to be attested
55		-	by a seal.
56		-	SECTION 4. IC 2-3-4-3, AS AMENDED BY P.L.136-2018,
57		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58		-	JULY 1, 2024]: Sec. 3. (a) It shall be the duty of every member of the
59		-	general assembly When performing any of the acts as set forth
60		-	described in section 1 of this chapter, a legislative notary must show
61		-	the date that the legislative notary's power expires as provided in
62		-	subsection (c) on the document at the time of signing any certificates
63		-	of the legislative notary signs an acknowledgment, of a deed,
64		-	mortgage or other instrument, or any a jurat, or any other official
65		-	document. to append to such certificate the date of the member's
66		-	election to the general assembly.
67		-	(b) The jurisdiction power of any such member a legislative notary
68		-	to perform the duties mentioned acts described in this section shall be
69		-	coextensive with the state of section 1 of this chapter extends
70		-	throughout Indiana.
71		-	(c) The power of a legislative notary expires as follows:
72		-	(1) If the individual is a member of the general assembly, the
73		-	date the individual's current term of office expires.
74		-	(2) If the legislative notary is not a member of the general
75		-	assembly, the date the term of the current general assembly
76		-	expires.
77		-	SECTION 5. IC 2-3-4-4 IS AMENDED TO READ AS FOLLOWS
78		-	[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Any such member A
79		-	HEA 1032 — Concur 3
80		-	legislative notary performing any of the acts or duties hereunder shall
81		-	be described in section 1 of this chapter is entitled to the same fees
82		-	as those charged by notaries a notary public. and where any
83		-	(b) If an act by a notary public would be a violation of the law, it
84		-	shall likewise be the same act performed by a legislative notary is
85		-	a violation of the law. if committed by a member of said general
86		-	assembly in the performance of any of the duties or acts authorized
87		-	hereunder. All laws and parts of laws in conflict herewith are hereby
88		-	repealed.
89		-	SECTION 6. IC 33-42-0.5-13, AS ADDED BY P.L.59-2018,
	194	+	by a seal.".
	195	+	(Reference is to HB 1032 as printed January 29, 2024.)
	196	+	CLERE
	197	+	_____
	198	+	COMMITTEE REPORT
	199	+	Madam President: The Senate Committee on Judiciary, to which
	200	+	was referred House Bill No. 1032, has had the same under
	201	+	consideration and begs leave to report the same back to the Senate with
	202	+	the recommendation that said bill be AMENDED as follows:
	203	+	Page 3, after line 13, begin a new paragraph and insert:
	204	+	"SECTION 6. IC 33-42-0.5-13, AS ADDED BY P.L.59-2018,
90	205		SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
91	206		JULY 1, 2024]: Sec. 13. "Electronic seal" means information that:
92	207		(1) is specific to an individual notary public;
93	208		(2) is attached to or associated with a notarized electronic record;
	209	+	EH 1032—LS 6018/DI 154 6
94	210		and
95	211		(3) contains:
96	212		(A) the words, "notary public";
97	213		(B) the words, "state of Indiana";
98	214		(C) the word, "seal";
99	215		(D) (C) the notary public's name as it appears on the notary
100	216		public's commission certificate;
101	217		(E) (D) the words, "commission number", followed by the
102	218		commission number of the notary public; and
103	219		(F) (E) the words, "my commission expires", followed by the
104	220		expiration date of the notary public's commission.
105	221		SECTION 7. IC 33-42-0.5-21, AS ADDED BY P.L.59-2018,
106	222		SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107	223		JULY 1, 2024]: Sec. 21. (a) "Official seal" means either of the
108	224		following:
109	225		(1) A physical image that is affixed to or embossed upon a
110	226		tangible record.
111	227		(2) An electronic image that is attached to or associated with an
112	228		electronic record.
113	229		(b) An "official seal" does not require the word "seal" to be
114	230		contained within the physical or electronic image described in
115	231		subsection (a).
116	232		SECTION 8. IC 33-42-10-2, AS ADDED BY P.L.128-2017,
117	233		SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
118	234		JULY 1, 2024]: Sec. 2. (a) The official seal of a notary public must
119	235		include the following:
120	236		(1) The words "notary public".
121	237		(2) The words "state of Indiana".
122		-	HEA 1032 — Concur 4
123	238		(3) The word "seal".
124	239		(4) (3) The name of the notary public exactly as it appears on the
125	240		notary public's commission certificate.
126	241		(5) (4) The words "commission number" followed by the
127	242		commission number of the notary public.
128	243		(6) (5) The words "my commission expires" followed by the
129	244		expiration date of the notary public's commission.
130	245		(b) The seal described in subsection (a) must be capable of being
131	246		copied together with the record to which it is affixed, attached, or
132	247		associated.
133	248		(c) The seal described in subsection (a) may include any other
134		-	information chosen by the notary public to be included on the seal.
135		-	HEA 1032 — Concur Speaker of the House of Representatives
136		-	President of the Senate
137		-	President Pro Tempore
138		-	Governor of the State of Indiana
139		-	Date: Time:
140		-	HEA 1032 — Concur
	249	+	information chosen by the notary public to be included on the seal.".
	250	+	Renumber all SECTIONS consecutively.
	251	+	EH 1032—LS 6018/DI 154 7
	252	+	and when so amended that said bill do pass.
	253	+	(Reference is to HB 1032 as reprinted February 1, 2024.)
	254	+	BROWN L, Chairperson
	255	+	Committee Vote: Yeas 10, Nays 0.
	256	+	EH 1032—LS 6018/DI 154