Louisiana 2010 2010 Regular Session

Louisiana House Bill HB357 Engrossed / Bill

                    HLS 10RS-503	ENGROSSED
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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	ENGROSSED
HB NO. 357
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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
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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	ENGROSSED
HB NO. 357
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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 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))