Introduced Version






HOUSE BILL No. 1957

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-16-2-1.

Synopsis: Notaries public. Requires an applicant for a commission as a notary public to secure a bond in the amount of $10,000 instead of in the amount of $5,000.

Effective: July 1, 2001.





Atterholt




    January 17, 2001, read first time and referred to Committee on Financial Institutions.







Introduced

First Regular Session 112th General Assembly (2001)


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.
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HOUSE BILL No. 1957



    A BILL FOR AN ACT to amend the Indiana Code concerning notaries public.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-16-2-1; (01)IN1957.1.1. -->     SECTION 1. IC 33-16-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) Any applicant for a commission as a notary public must:
        (1) be at least eighteen (18) years of age; and
        (2) be a legal resident of Indiana.
    (b) A notary public shall be appointed and commissioned by the governor. A notary public shall hold office for eight (8) years. A notary public, when so qualified, shall be authorized to act throughout Indiana.
    (c) A person may request an application to become a notary public from the secretary of state. The secretary of state shall prescribe a written application form on which a person may apply for a commission as a notary public. The secretary of state may provide an applicant with enhanced access (as defined in IC 5-14-3-2 ) to an application form that may be completed and submitted to the secretary of state by means of an electronic device. IC 4-5-10 applies to an application form provided by enhanced access under this section. The

application form must include the applicant's county of residence, oath of office, and official bond. The application must also contain any additional information necessary for the efficient administration of this chapter.
    (d) The applicant shall:
        (1) personally appear with an application form before an officer, authorized by law to administer oaths, who shall administer an oath of office to the applicant; or
        (2) certify on an application form under penalty of perjury that the applicant will abide by the terms of the oath.
The secretary of state shall prescribe the manner in which an applicant may complete a certification authorized under subdivision (2).
    (e) The applicant shall secure an official bond, with freehold or corporate security, to be approved by the secretary of state in the sum of five ten thousand dollars ($5,000). ($10,000). The official bond shall be conditioned upon the faithful performance and discharge of the duties of the office of notary public, in all things according to law, for the use of any person injured by a breach of the condition. The completed application shall be forwarded to the secretary of state. The secretary of state shall forward each commission issued by the governor to the applicant or the applicant's surety company.
    (f) The secretary of state shall charge and collect the following fees:
        (1) For each commission to notaries public, five dollars ($5).
        (2) For each duplicate commission to notaries public, five dollars ($5).