Legislation
State: Louisiana
Signed: July 05, 2007
Effective: July 05, 2007
Chapter: Act No. 212
SummarySenate Bill 42 repeals certain sections of the Revised Statutes related to the duties of the custodian of notarial records in Orleans Parish, and no longer requires Notaries to furnish certain information to the custodian and pay an annual fee. Senate Bill 42 also repeals the law stating that a Notary’s failure to provide information and pay the annual fee to the custodian of notarial records is grounds for the revocation of the Notary’s commission.
AffectsRepeals Revised Statutes Sections 35:325 through 35:328, 35:330 through 35:335 and 44:182.2 through 44:182.10
ChangesSenate Bill 42 repeals a number of the provisions enacted in Act 621 of 2006, which was intended by the Legislature to consolidate of some of the judicial offices of the city of New Orleans in the aftermath of the Katrina tragedy:
- No longer requires the custodian of notarial records in Orleans Parish to keep an alphabetical list of all Parish Notaries.
- No longer requires each Notary in Orleans Parish to furnish certain information to the custodian of records each year and pay an annual fee of $20.
- Repeals the law requiring (1) the custodian of notarial records in Orleans Parish to test the sureties of all nonattorney Notaries in the Parish each year to determine whether such sureties are financially solvent; and (2) a Notary whose surety has been canceled not to notarize until a new surety is obtained, obtain a new bond within 30 days and pay all related court costs.
- Repeals the law prescribing the proceedings to be taken by the custodian of notarial records in Orleans Parish who wishes to serve process against a Notary when the Notary cannot be found.
- No longer requires the custodian of records in Orleans Parish to notify a Notary between 30-60 days of expiration of the Notary’s bond.
- Repeals the law stating it is a misdemeanor punishable by a fine of $500 -- $1,000 or imprisonment for 6 days up to 6 months for a Notary in Orleans Parish to knowingly notarize after the Notary’s bond has expired or surety has been canceled.
- No longer requires each Notary in Orleans Parish to furnish certain information to the custodian of records each year and pay an annual fee.
- No longer considers an Orleans Parish Notary’s failure to provide information to the custodian of records in Orleans Parish annually, pay the annual fee or provide a bond cause for revocation of the Notary’s commission.
AnalysisIn response to the Katrina tragedy, the Louisiana Legislature has enacted a number of laws related to the oversight and administration of Notaries. Last year one such law consolidated some of the government offices in the city of New Orleans. Evidently, the Legislature reconsidered the desirability of certain changes and repealed provisions related to the custodian of notarial records. The custodian of notarial records will no longer keep a list of Notaries or inform Notaries of the expiration of their bonds. The custodian will no longer be required to test the sureties of Notaries. Notaries will no longer be required to furnish certain information to the custodian of notarial records and pay an annual fee. In addition, a Notary’s failure to provide this information and pay the annual fee will not be considered grounds for the revocation f the Notary’s commission.
Read the bill text.