House Bill 1156

AN ACT TO BE KNOWN AS THE "REVISED MISSISSIPPI LAW ON NOTARIAL ACTS"; TO DEFINE CERTAIN TERMS; TO PRESCRIBE THE NOTARIAL ACTS THAT A NOTARIAL OFFICER MAY PERFORM; TO AUTHORIZE NOTARIAL OFFICERS TO CHARGE A FEE NOT EXCEEDING $5.00 FOR SERVICES RENDERED; TO REQUIRE INDIVIDUALS REQUESTING CERTAIN NOTARIAL SERVICES TO PHYSICALLY APPEAR BEFORE THE NOTARIAL OFFICER; TO REQUIRE NOTARIAL OFFICERS TO DETERMINE THE IDENTITY OF THE PERSON APPEARING BEFORE THE OFFICER AND TO PRESCRIBE ACCEPTABLE FORMS OF IDENTIFICATION; TO AUTHORIZE NOTARIAL OFFICERS TO REFUSE TO PERFORM CERTAIN ACTS; TO AUTHORIZE AN INDIVIDUAL WHO IS PHYSICALLY UNABLE TO SIGN A RECORD BEFORE A NOTARIAL OFFICER TO DIRECT ANOTHER PERSON TO SIGN ON THE INDIVIDUAL'S BEHALF; TO AUTHORIZE NOTARIAL ACTS TO BE PERFORMED BY NOTARIES PUBLIC, ELECTED JUDGES AND CLERKS OF COURT AND THE SECRETARY OF STATE; TO RECOGNIZE CERTAIN QUALIFIED NOTARIAL ACTS PERFORMED UNDER THE AUTHORITY OF ANOTHER STATE, FEDERALLY RECOGNIZED INDIAN TRIBE, THE FEDERAL GOVERNMENT AND FOREIGN STATES; TO REQUIRE A NOTARIAL ACT TO BE EVIDENCED BY A CERTIFICATE; TO REQUIRE NOTARIES PUBLIC TO HAVE AN OFFICIAL SEAL, TO PROCURE A STAMPING DEVICE AND TO MAINTAIN A JOURNAL OF NOTARIAL ACTS; TO AUTHORIZE NOTARIES PUBLIC TO PERFORM NOTARIAL ACTS WITH RESPECT TO ELECTRONIC RECORDS; TO AUTHORIZE INDIVIDUALS TO APPLY TO THE SECRETARY OF STATE FOR A COMMISSION AS A NOTARY PUBLIC AND TO PRESCRIBE THE MINIMUM QUALIFICATIONS; TO AUTHORIZE THE SECRETARY OF STATE TO DENY OR REVOKE A COMMISSION AS A NOTARY PUBLIC FOR CERTAIN SPECIFIED ACTS; TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AN ELECTRONIC DATABASE OF NOTARIES PUBLIC; TO PROHIBIT NOTARIES PUBLIC FROM ACTING IN CERTAIN CAPACITIES AND PERFORMING CERTAIN ACTS; TO SPECIFY THAT A NOTARIAL ACT IS NOT INVALIDATED DUE TO A FAILURE OF A NOTARIAL OFFICER TO PERFORM CERTAIN STATUTORY DUTIES; TO AUTHORIZE THE SECRETARY OF STATE TO ADOPT RULES NECESSARY TO IMPLEMENT THE REVISED MISSISSIPPI LAW ON NOTARIAL ACTS; TO CLARIFY THAT A COMMISSION AS A NOTARY PUBLIC IN EFFECT ON JULY 1, 2021, CONTINUES UNTIL ITS EXPIRATION, AT WHICH TIME A RENEWAL OF THE COMMISSION MUST COMPLY WITH THIS ACT; TO CLARIFY THAT THIS ACT WILL NOT AFFECT THE VALIDITY OR EFFECT OF NOTARIAL ACTS PERFORMED BEFORE JULY 1, 2021; TO SPECIFY THAT THIS ACT SUPERSEDES CERTAIN FEDERAL STATUTES REGARDING ELECTRONIC SIGNATURES IN COMMERCE; TO AMEND SECTION 25-7-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO REPEAL SECTIONS 25-33-1 THROUGH 25-33-33, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE APPOINTMENT OF NOTARIES PUBLIC AND PRESCRIBE THEIR POWERS AND DUTIES; TO REPEAL SECTION 25-7-29, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES NOTARIES PUBLIC TO CHARGE FEES FOR CERTAIN SERVICES; TO AMEND SECTION 89-3-1, MISSISSIPPI CODE OF 1972, TO REVISE PROOF NECESSARY TO RECORDING; TO AMEND SECTION 89-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM THE FORMS OF ACKNOWLEDGMENT TO THIS ACT; TO AMEND SECTION 89-5-8, MISSISSIPPI CODE OF 1972, TO CONFORM PROVISIONS CONCERNING AFFIDAVITS RELATING TO IDENTIFICATION, MARITAL STATUS, HEIRSHIP OR OTHER MATTERS AFFECTING TITLE TO REAL PROPERTY; TO REPEAL SECTION 89-3-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ACKNOWLEDGMENT AND PROOF NECESSARY FOR RECORDATION; TO REPEAL SECTION 89-3-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ACKNOWLEDGMENTS BEFORE COMMISSIONED OFFICERS OF UNITED STATES ARMED FORCES; TO REPEAL SECTION 89-3-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FOREIGN ACKNOWLEDGMENTS; TO REPEAL SECTION 89-3-11, MISSISSIPPI CODE OF 1972, WHICH CLARIFIES THE CONSTRUCTION OF CERTAIN FOREIGN ACKNOWLEDGMENTS; TO REPEAL SECTION 89-3-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ACKNOWLEDGMENTS OR PROOF MADE IN A FOREIGN COUNTRY; TO REPEAL SECTION 89-3-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PROOF IN THE ABSENCE OF ANY GRANTOR OR WITNESS; AND FOR RELATED PURPOSES.

In the House of Representatives

• Shane Aguirre

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Feb 17 – Mar 10

1. Feb 17Referred to the House committee on Judiciary A
2. Mar 2Reported from committee in the House: title sufficient, do pass
3. Mar 10Passed the House

In the Senate Mar 11 – Jun 12

1. Mar 11Sent to the Senate
2. May 11Referred to the Senate committee on Judiciary, Division A
3. Jun 2Reported from committee in the Senate: title sufficient, do pass
4. Jun 12Passed the Senate

To the Governor Jun 12 – Jun 25

1. Jun 12Motion in the Senate to reconsider entered
2. Jun 15Motion in the Senate to reconsider tabled
3. Returned to the House for enrolling
4. Jun 18Enrolled bill signed in the House
5. Enrolled bill signed in the Senate
6. Jun 25Approved by the Governor