House Bill 916

AN ACT TO AMEND SECTION 25-33-1, MISSISSIPPI CODE OF 1972, TO REVISE BOND REQUIREMENTS FOR NOTARY PUBLICS; TO CREATE SECTION 25-33-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE MAY PRESCRIBE FORMS AND ESTABLISH FEES; TO REQUIRE THE SECRETARY OF STATE TO ISSUE RULES REGARDING MISFEASANCE OR MALFEASANCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-33-1, Mississippi Code of 1972, is amended as follows:

25-33-1. The Governor may appoint notaries public who may serve in any or all counties of this state. A notary public shall hold office for a term of four (4) years. Notaries public who are appointed and commissioned after July 1, 1988, shall give bond, with sufficient sureties, licensed by the Department of Insurance, in the penalty sum of Five Thousand Dollars ($5,000.00). All such bonds shall be conditioned and approved by the Secretary of State. Notaries public shall not otherwise be considered as state officers. Each notary public shall take the oath of office prescribed by Section 268 of the Constitution. A notary public shall qualify by filing the oath and bond in the Office of the Secretary of State.

The bond requirements, unexpired appointments and commissions of notaries public issued prior to July 1, 1988, shall be sufficient, regardless of any jurisdictional limitations, to authorize notaries public appointed and commissioned prior to July 1, 1988, to serve any or all counties of this state. Any notary public commission containing language limiting the jurisdiction of a notary public may be returned to the Secretary of State. The Secretary of State shall then issue a new certificate indicating that such notary public may serve in any and all counties of this state.

The Secretary of State shall issue notary public commissions on behalf of the Governor to all qualified applicants. A notary public shall be at least eighteen (18) years of age, a citizen or legal resident of the United States and have resided in this state for a period of not less than thirty (30) days immediately preceding the date of the application and shall meet such other requirements as the Secretary of State may establish by rule.

SECTION 2. The following shall be codified as Section 25-33-33, Mississippi Code of 1972:

25-33-33. The Secretary of State may prescribe forms and establish fees for services not otherwise provided by law. Pursuant to the Administrative Procedures Law, the Secretary of State shall issue rules to implement this chapter including regulations providing for the suspension or revocation of a notary commission for misfeasance or malfeasance in office.

SECTION 3. This act shall take effect and be in force from and after July 1, 2007.