HLS 10RS-503 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 357 BY REPRESENTATIVE GALLOT NOTARIES: Provides relative to notary commissions for nonresident persons licensed to practice law in La. AN ACT1 To amend and reenact R.S. 35:191(A)(1) and (P)(1)(a) and to enact R.S. 35:191(E)(3),2 relative to notaries public; to provide for the commission of certain persons licensed3 to practice law in Louisiana; to provide for changes in the parish of commission; to4 provide relative to statewide authority; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 35:191(A)(1) and (P)(1)(a) are hereby amended and reenacted and7 R.S. 35:191(E)(3) is enacted to read as follows: 8 ยง191. Appointment; qualifications; examination9 A.(1)(a) Any person may be appointed a notary public in and for the parish10 in which he resides and in and for any one other parish in which he maintains an11 office, provided that he:12 (a)(i) Is a resident citizen or alien of this state.13 (b)(ii) Is eighteen years of age or older.14 (c)(iii) Reads, writes, speaks, and is sufficiently knowledgeable of the15 English language.16 (d)(iv) Is not under interdiction or incapable of serving as a notary because17 of mental infirmity.18 (e)(v) Meets the requirements established by law for each commission19 sought.20 HLS 10RS-503 ORIGINAL HB NO. 357 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) Notwithstanding the requirements of Subparagraph (A)(1)(a) and1 Subsection B of this Section, any person who is not a resident of this state but who2 is licensed to practice law in this state and maintains an office in this state may be3 appointed a notary public in and for the parish in which his office is located.4 * * *5 E.6 * * *7 (3) A notary licensed to practice law in this state who is establishing an8 office in a parish other than the parish of his commission which was based on the9 location of his office and who seeks a commission in the parish of the new office10 shall be deemed to be validly commissioned in the parish of his former office for a11 period of sixty days, during which time he shall meet all the qualifications for12 appointment, except taking and passing an examination, in and for the parish of the13 new office.14 * * *15 P.(1)(a) Notwithstanding any other provision of law to the contrary,16 including but not limited to the provisions of Subsection E of this Section and the17 duties imposed in that Subsection as a result of a change in residence or office, each18 person who is licensed to practice law in this state who is a notary public in and for19 any parish in this state may exercise the functions of a notary public in every parish20 in this state.21 * * *22 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Gallot HB No. 357 Abstract: Provides that any person who is not a resident of this state but who is licensed to practice law in this state and maintains an office in this state may be appointed a notary public in and for the parish in which his office is located. HLS 10RS-503 ORIGINAL HB NO. 357 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law provides that any person may be appointed a notary public in and for the parish in which he resides and in and for any one other parish in which he maintains an office, provided that he: (1) is a resident citizen or alien of this state; (2) is 18 years of age or older; (3) reads, writes, speaks, and is sufficiently knowledgeable of the English language; (4) is not under interdiction or incapable of serving as a notary because of mental infirmity; and (5) meets the requirements established by law for each commission sought. Present law requires a resident seeking appointment as a notary to be a registered voter of his parish of residence. Proposed law provides that notwithstanding the requirements of present law, any person who is not a resident of this state but who is licensed to practice law in this state and maintains an office in this state may be appointed a notary public in and for the parish in which his office is located. Present law provides that a notary who is establishing a residence in a parish other than the parish of his commission and who seeks a commission in the parish of the new residence shall be deemed to be validly commissioned in the parish of his former residence for a period of 60 days. Proposed law provides that a notary licensed to practice law in this state who is establishing an office in a parish other than the parish of his commission which was based on the location of his office and who seeks a commission in the parish of the new office shall be deemed to be validly commissioned in the parish of his former office for a period of 60 days. Present law provides that notwithstanding the duties to meet the qualifications as a notary imposed as a result of a change in residence, each person who is licensed to practice law in this state who is a notary public in and for any parish in this state may exercise the functions of a notary public in every parish in this state. Proposed law retains present law but also includes the duties to meet the qualifications as a notary imposed as a result of a change in the location of the notary's office. (Amends R.S. 35:191(A)(1) and (P)(1)(a); Adds R.S. 35:191(E)(3))