Senate Bill 2394

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, 2019, 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, 2019; 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 Senate

• Tyler McCaughn

  Sponsor

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

In the Senate Feb 13 – Mar 10

1. Feb 13Referred to the Senate committee on Judiciary, Division A
2. Feb 27Reported from committee in the Senate: title sufficient, do pass
3. Mar 10Passed the Senate

In the House of Representatives Mar 11 – Jun 17

1. Mar 11Sent to the House
2. Mar 25Referred to the House committee on Judiciary A
3. Jun 9Reported from committee in the House: title sufficient, do pass
4. Jun 17Died on the calendar in the House