IN House Bill 1005 | NNA
Law

IN House Bill 1005

Notary Law Update: IN House Bill 1005

State: Indiana

Summary:

House Bill 1005 clarifies that for the purposes of the Indiana Constitution the office of Notary Public is not considered a lucrative office. Thus, as a result of this new law, Notaries Public can hold other public offices in the state at the same time without violating the Indiana Constitution.

Signed:  March 19, 2012

Effective:  July 01, 2012

Chapter: Public Law No. 135

Affects:

Amends Indiana Code Section 33-42-2-7

Changes:
  1. Clarifies that the office of Notary Public is not a lucrative office.
  2. Repeals the prior provision stating that a person who holds any lucrative office or appointment under the United States or the state of Indiana, and prohibited by the Constitution of the State of Indiana from holding more than one lucrative office, may not serve as a Notary.
  3. Repeals the prior provision stating that if a person accepts a lucrative office or appointment, the person shall vacate the person's appointment as a Notary.
Analysis:

Article II, Section 9 of the Indiana Constitution states: “No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly; and no person may hold more than one lucrative office at the same time, except as expressly permitted in this Constitution. Offices in the militia to which there is attached no annual salary shall not be deemed lucrative.” The Indiana Attorney General explains the issue of holding “lucrative” offices in the state of Indiana: “Under Indiana law, some government officials may not legally serve in more than one public service position at any given time. The holding of two lucrative offices may result in the constitutional violation commonly referred to as “dual office holding.” Further, even if serving in two positions does not result in a constitutional dual office violation, it may violate the constitutional doctrine of separation of powers, create a conflict of interest or public policy concern, or be prohibited by another federal, state or local law” (Dual Office Holding Guide). Previously, this prohibition was applicable to Notaries Public. House Bill 1005 clarifies that for the purposes of the Indiana Constitution the office of Notary Public is not considered a lucrative office. Thus, as a result of this new law, Notaries Public can hold other public offices in the state at the same time without violating the Indiana Constitution.

Read the bill text.

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