Bill Text: MS HB1257 | 2024 | Regular Session | Engrossed

Mississippi House Bill 1257

Bill Title: Notary public; clarify maximum fee permitted and authorize qualified nonresidents to be commissioned as.

Spectrum: Bipartisan Bill

Status: (Failed) 2024-04-02 - Died In Committee [HB1257 Detail]

Download: Mississippi-2024-HB1257-Engrossed.html

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Business and Commerce

By: Representatives Hulum, Yancey

House Bill 1257

(As Passed the House)

AN ACT TO AMEND SECTION 25-34-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT NOTARIES PUBLIC MAY CHARGE A FEE EXCEEDING $5.00 WHEN PERMITTED TO DO SO BY STATE LAW OR RULES PROMULGATED BY THE SECRETARY OF STATE; TO AMEND SECTION 25-34-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 25-34-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE QUALIFIED NONRESIDENTS OF THE STATE OF MISSISSIPPI WHO ARE EMPLOYED OR HAVE A PRACTICE WITHIN THE STATE TO BE ISSUED A COMMISSION AS A NOTARY PUBLIC; TO AMEND SECTION 25-34-37, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-34-9, Mississippi Code of 1972, is amended as follows:

25-34-9. A notarial officer may charge a fee in an amount not to exceed Five Dollars ($5.00) for services rendered unless otherwise * * *~~prohibited~~ permitted by law or by rules promulgated by the Secretary of State.

SECTION 2. Section 25-34-7, Mississippi Code of 1972, is amended as follows:

25-34-7. (1) A notarial officer may perform the following notarial acts:

(a) Take acknowledgements;

(b) Administer oaths and affirmations;

(d) Certify depositions of witnesses;

(e) Witness or attest signatures;

(f) Make or note a protest of a negotiable instrument;

(g) Make an affidavit regarding the truth of any witnesses or attested signatures in question along with any corrected language and, if the authenticity or correctness of language affects real property, file the same in the land records in the office of the chancery clerk where the land is located; and

(h) Any other acts so authorized by the law of this state.

(2) A notarial officer may not perform a notarial act when the officer:

(a) Is a party to the record being notarized;

(b) Is a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, or niece or nephew, including a son or daughter-in-law, a mother or father-in-law, a stepchild or stepparent, or a half-sibling, of the person whose signature is being notarized or the person taking a verification on oath or affirmation from the officer; or

(c) Will receive as a direct result any commission, fee, advantage, right, title, beneficial interest, cash, property or other consideration exceeding in value the fees * * *~~required~~ permitted by rules established by the Secretary of State.

(3) A notarial officer is not disqualified from performing a notarial act by virtue of his or her profession when the officer:

(a) Is an employee performing a notarial act on behalf of, or which benefits, the employer;

(b) Is an attorney who maintains an attorney-client relationship with the person whose signature is the subject of the notarial act; or

(c) Is a shareholder of a corporation or member of a limited liability company which is a party to a record that is the subject of the notarial act.

(4) A notarial act performed in violation of subsection (2) is voidable.

SECTION 3. Section 25-34-41, Mississippi Code of 1972, is amended as follows:

25-34-41. (1) An individual qualified under subsection (2) may apply to the Secretary of State for a commission as a notary public. The applicant must comply with and provide the information required by rules established by the Secretary of State and pay any application fee.

(2) An applicant for a commission as a notary public must:

(a) Be at least eighteen (18) years of age;

(b) Be a citizen or permanent legal resident of the United States;

(c) Be a resident of Mississippi or a nonresident who is an employee or has a practice in the State of Mississippi for not less than thirty (30) days immediately preceding the date of the application;

(d) Be able to read and write English;

(e) Not be disqualified to receive a commission under Section 25-34-43; and

(f) Meet such other requirements as the Secretary of State may establish by rule.

(3) Before issuance of a commission as a notary public, an applicant for the commission must execute the oath of office prescribed by Section 268 of the Constitution and submit it to the Secretary of State.

(4) Before issuance of a commission as a notary public, the applicant for a commission must submit to the Secretary of State an assurance in the form of a surety bond or its functional equivalent in the amount of Five Thousand Dollars ($5,000.00) pursuant to the rules set forth by the Secretary of State. The assurance must be issued by a surety or other entity licensed by the Mississippi Department of Insurance. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the Secretary of State. If a notary public violates a law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity must give thirty (30) days' notice to the Secretary of State before canceling the assurance. The surety or issuing entity must notify the Secretary of State not later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the Secretary of State.

(5) On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of four (4) years.

(6) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.

SECTION 4. Section 25-34-37, Mississippi Code of 1972, is amended as follows:

25-34-37. (1) A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs.

(2) A journal must be created on a tangible or electronic medium. A notary public shall maintain only one (1) journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is tangible, it must be a permanent, bound register with numbered pages. An electronic journal must conform to specifications set forth in rules by the Secretary of State.

(3) An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:

(a) The date and time of the notarial act;

(b) A description of the record, if any, and type of notarial act;

(d) If identity of the individual is based on personal knowledge, a statement to that effect;

(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential;

(f) The address where the notarial act was performed if not the notary's business address; and

(g) The fee, if any, charged by the notary public.

(4) If the journal of a notary public is lost or stolen, the notary public must notify promptly the Secretary of State upon discovery that the journal is lost or stolen.

(5) On resignation from, or the revocation or suspension of, a notary public's commission, the notary public must deposit all journal records with the circuit clerk of the county of residence or employment of the notary public.

(6) Upon the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall:

(a) Notify the Secretary of State of the death or adjudication in writing; and

(b) Within thirty (30) days of death or adjudication of incompetency, transmit all journal records to the circuit clerk of the county of residence or employment of the notary public.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.