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 ENROLLED ACT No. 1032
AN ACT to amend the Indiana Code concerning the general
assembly.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-3-4-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 0.5. As used in this chapter, "legislative notary"
refers to any of the following:
(1) A member of the general assembly.
(2) The principal clerk of the house of representatives.
(3) The principal secretary of the senate.
SECTION 2. IC 2-3-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any member of the general
assembly, the principal clerk of the house of representatives, or the
secretary of the senate A legislative notary may do any of the
following:
(1) Take acknowledgment to deeds a deed or any other
instruments instrument in writing.
(2) Administer oaths, protest notes, and checks.
(3) Take the deposition of a witness.
(4) Take and certify affidavits and depositions an affidavit or a
deposition. and
(5) Perform any other duty conferred upon a notary public by the
statutes of Indiana statutes.
(b) Acknowledgments An acknowledgment to deeds a deed or
HEA 1032 — Concur 2
other instruments instrument taken by any such person shall entitle
such deeds a legislative notary entitles the deed or other instruments
instrument to be recorded the same as though acknowledged before a
notary public.
SECTION 3. IC 2-3-4-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) No member of the general
assembly shall be Except as provided in subsection (c), a legislative
notary is not authorized to perform any of the duties mentioned acts
described in section 1 of this chapter until he shall have procured such
the individual procures a seal as that will stamp upon paper a distinct
impression, in words or letters, sufficiently indicating his the
individual's official character as a legislative notary. The individual
to which may be added such add to the seal any other device as he
may choose. All acts the individual chooses.
(b) Except as provided in subsection (c), an act not attested by
such a seal shall be described in subsection (a) is void.
(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.
SECTION 4. IC 2-3-4-3, AS AMENDED BY P.L.136-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) It shall be the duty of every member of the
general assembly When performing any of the acts as set forth
described in section 1 of this chapter, a legislative notary must show
the date that the legislative notary's power expires as provided in
subsection (c) on the document at the time of signing any certificates
of the legislative notary signs an acknowledgment, of a deed,
mortgage or other instrument, or any a jurat, or any other official
document. to append to such certificate the date of the member's
election to the general assembly.
(b) The jurisdiction power of any such member a legislative notary
to perform the duties mentioned acts described in this section shall be
coextensive with the state of section 1 of this chapter extends
throughout Indiana.
(c) The power of a legislative notary expires as follows:
(1) If the individual is a member of the general assembly, the
date the individual's current term of office expires.
(2) If the legislative notary is not a member of the general
assembly, the date the term of the current general assembly
expires.
SECTION 5. IC 2-3-4-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Any such member A
HEA 1032 — Concur 3
legislative notary performing any of the acts or duties hereunder shall
be described in section 1 of this chapter is entitled to the same fees
as those charged by notaries a notary public. and where any
(b) If an act by a notary public would be a violation of the law, it
shall likewise be the same act performed by a legislative notary is
a violation of the law. if committed by a member of said general
assembly in the performance of any of the duties or acts authorized
hereunder. All laws and parts of laws in conflict herewith are hereby
repealed.
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;
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".
HEA 1032 — Concur 4
(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.
HEA 1032 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1032 — Concur