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LA House Bill 1219

Legislation

State: Louisiana
Signed: June 15, 2006

Effective: June 15, 2006
Chapter: Act No. 423

Summary

Enacts temporary provisions related to Notaries relocated as a result of Hurricanes Katrina and Rita and application and examination procedures.

Affects

Amends and renacts Sections 35:131 through 133, 191, and 191.1 of the Louisiana Revised Statutes.

Changes
  1. Authorizes the Secretary of State (on behalf of the Governor) to approve leaves of absence for all Notaries, including Notaries in the armed services, and removes a prior provision requiring Notaries on leave to name a substitute Notary in their absence.
  2. Creates a new parish application committee to review all Notary Public applications comprised of two members appointed by the parish court, who shall serve 2-year terms.
  3. Establishes a maximum $35 fee for processing each Notary Public application and a maximum $75 fee for taking the examination.
  4. Transfers the responsibility of administering the required Notary examination from a local parish committee to the Secretary of State and reduces to 2 times per year the number of exams offered (previously 4).
  5. Permits a Notary whose application has been approved by the parish application committee to register for the Notary examination within 1 year of the date the applicant was notified that the application was approved.
  6. Tasks the Secretary of State with providing to each parish application committee the results of the examinations for the examinees from the parish and notifying each examinee of the results of his or her examination.
  7. Permits a Notary who has been commissioned either for 5 years or who has passed the examination on or after June 13, 2005, and has moved to a new parish, to be commissioned in the new parish after complying with all requirements for obtaining a Notary commission in the new parish – except the need to take another examination.
  8. Authorizes Notaries appointed in and for the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson, Jefferson Davis, Plaquemines, Orleans, St. Bernard, St. Tammany, Vermilion, and Washington who were displaced by Hurricane Katrina or Rita to exercise the functions of a Notary in the parish of their temporary residence and in any other parish with which the parish of their temporary residence has reciprocity, provided that such Notary registers his temporary address with the Secretary of State. If the Notary chooses to formally apply for an appointment in the new parish, neither an exam nor the advice and consent of the Senate are required. These provisions expire January 1, 2007.
  9. Makes minor changes related to the logistics of administering the exams.
Analysis

As Louisiana continues to recover from the devastating effects of Hurricanes Katrina and Rita, temporary provisions related to relocated Notaries have been enacted. Other changes are intended to make the system work better such as transferring responsibility for administering the examinations from a local parish committee to the Secretary of State and erecting a local parish committee to review and process all applications.

Read House Bill 1219.

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