Notaries; authorize commissions for persons residing within 15 miles of the border of Mississippi.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate

SENATE BILL NO. 2387

AN ACT TO AMEND SECTION 25-34-41, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE COMMISSIONS FOR PERSONS WHO ARE RESIDENTS OF ANOTHER 2
STATE WHO RESIDE WITHIN FIFTEEN MILES OF THE BORDER OF 3
MISSISSIPPI; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 25-34-41, Mississippi Code of 1972, is 6
amended as follows: 7
25-34-41. (1) An individual qualified under subsection (2) 8
may apply to the Secretary of State for a commission as a notary 9
public. The applicant must comply with and provide the 10
information required by rules established by the Secretary of 11
State and pay any application fee. 12
(2) An applicant for a commission as a notary public must: 13
(a) Be at least eighteen (18) years of age; 14
(b) Be a citizen or permanent legal resident of the 15
United States; 16
(c) (i) Be a resident of Mississippi for not less than 17
thirty (30) days immediately preceding the date of the 18
application; or 19
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(ii) Be a resident of another state and reside 20
within fifteen (15) miles of the border of Mississippi for not 21
less than thirty (30) days immediately preceding the date of the 22
application; 23
(d) Be able to read and write English; 24
(e) Not be disqualified to receive a commission under 25
Section 25-34-43; and 26
(f) Meet such other requirements as the Secretary of 27
State may establish by rule. 28
(3) Before issuance of a commission as a notary public, an 29
applicant for the commission must execute the oath of office 30
prescribed by Section 268 of the Constitution and submit it to the 31
Secretary of State. 32
(4) Before issuance of a commission as a notary public, the 33
applicant for a commission must submit to the Secretary of State 34
an assurance in the form of a surety bond or its functional 35
equivalent in the amount of Five Thousand Dollars ($5,000.00) 36
pursuant to the rules set forth by the Secretary of State. The 37
assurance must be issued by a surety or other entity licensed by 38
the Mississippi Department of Insurance. The assurance must cover 39
acts performed during the term of the notary public's commission 40
and must be in the form prescribed by the Secretary of State. If 41
a notary public violates a law with respect to notaries public in 42
this state, the surety or issuing entity is liable under the 43
assurance. The surety or issuing entity must give thirty (30) 44
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ST: Notaries; authorize commissions for persons
residing within 15 miles of the border of
Mississippi.
days' notice to the Secretary of State before canceling the 45
assurance. The surety or issuing entity must notify the Secretary 46
of State not later than thirty (30) days after making a payment to 47
a claimant under the assurance. A notary public may perform 48
notarial acts in this state only during the period that a valid 49
assurance is on file with the Secretary of State. 50
(5) On compliance with this section, the Secretary of State 51
shall issue a commission as a notary public to an applicant for a 52
term of four (4) years. 53
(6) A commission to act as a notary public authorizes the 54
notary public to perform notarial acts. The commission does not 55
provide the notary public any immunity or benefit conferred by the 56
laws of this state on public officials or employees. 57
SECTION 2. This act shall take effect and be in force from 58
and after July 1, 2026. 59