Bill Text: MS HB492 | 2024 | Regular Session | Introduced
Bill Title: Electronic notary; clarify authority of the Secretary of State to regulate.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Failed) 2024-03-05 - Died In Committee [HB492 Detail]
Download: Mississippi-2024-HB492-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Business and Commerce
By: Representatives Hulum, Bell (65th), Porter, Hines, Clark, Scott, Thompson, Faulkner, Summers, Currie, Banks, Owen, McCarty
House Bill 492
AN ACT TO AMEND SECTION 25-34-15, MISSISSIPPI CODE OF 1972, TO CLARIFY AUTHORITY OF A NOTARIAL OFFICER TO PERFORM ACTS ELECTRONICALLY; TO AMEND SECTION 25-34-39, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE SECRETARY OF STATE TO CREATE RULES WHICH ALLOW A NOTARIAL OFFICER AND A REMOTELY LOCATED SIGNATORY TO ELECTRONICALLY COMPLETE A NOTARIAL ACT; TO BRING FORWARD SECTION 25-34-57, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE SECRETARY OF STATE TO ADOPT RULES AND REGULATIONS REGARDING NOTARIAL ACTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-34-15, Mississippi Code of 1972, is amended as follows:
25-34-15. If a notarial act
relates to a statement made in or a signature executed on a record, the
individual making the statement or executing the signature * * * may appear physically in person
before the notarial officer at the time of the notarial act or in a manner prescribed
by the Secretary of State which allows the notarial officer to complete the notarial
act electronically.
SECTION 2. Section 25-34-39, Mississippi Code of 1972, is amended as follows:
25-34-39. (1) A notary public may perform a notarial act with respect to electronic records pursuant to this chapter. (2) The Secretary of State has the sole power to determine the methods by which notarial acts with respect to electronic records may be implemented in this state. Those methods must be set forth in rules promulgated by the Secretary of State and shall allow a notarial officer and a remotely located signatory to electronically complete a notarial act.
(3) A notary public seeking to perform notarial acts with respect to electronic records must file an additional registration with the Secretary of State subsequent to being granted a notary commission.
SECTION 3. Section 25-34-57, Mississippi Code of 1972, is brought forward as follows:
25-34-57. This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USC Section 7003(b).
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
