HLS 10RS-1259 ORIGINAL
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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. 855
BY REPRESENTATIVE BOBBY BADON
NOTARIES: Provides relative to ex officio notaries within the office of mayor
AN ACT1
To amend and reenact R.S. 35:407(A) and (B), relative to ex officio notaries public2
appointed by mayors; to authorize mayors of certain municipalities to appoint ex3
officio notaries public; to provide for limitations; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 35:407(A) and (B) are hereby amended and reenacted to read as6
follows: 7
ยง407. Ex officio notaries for municipal police departments8
A. Notwithstanding any provisions of the law relative to qualifications of9
notaries public, any chief of police of a municipal police department may designate10
officers in his office and any mayor in a municipality with a population of less than11
five ten thousand may designate employees in his office, and appoint them as ex12
officio notaries public. Such designation by a mayor shall be for notarial service to13
the municipal police department and to the office of the mayor.14
B. Each officer or employee so appointed as ex officio notary may exercise,15
within his respective jurisdictional limits, the functions of a notary public only to16
administer oaths and execute affidavits, acknowledgments, traffic tickets, and other17
documents, all limited to matters within the official functions of the office of the18
mayor or the municipal police department for the enforcement of the provisions of19
any statute which provides for criminal penalties and of the municipal ordinances20 HLS 10RS-1259 ORIGINAL
HB NO. 855
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
which the police department is charged with enforcing, and any affidavit required for1
the enforcement of R.S. 32:661 through 669.2
* * *3
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)]
Bobby Badon HB No. 855
Abstract: Increases the population limitation to 10,000 for mayor's offices that are
authorized to appoint ex officio notaries public and authorizes the appointment of an
ex officio notary public within the mayor's office to perform the duties of a notary
within that office.
Present law authorizes the appointment of an ex officio notary public by any chief of police
of a municipal police department and by any mayor in a municipality with a population of
less than 5,000, and limits the authority the ex officio notary to matters within the functions
of the police department or mayor's office.
Present law provides that all acts performed by each ex officio notary public shall be
performed without charge or the necessity of giving bond, that an ex officio notary public
may be terminated at any time, and shall be automatically terminated upon separation from
employment.
Proposed law retains present law, but increases the population limitation to 10,000 for
mayor's offices that are authorized to appoint ex officio notaries public, and authorizes the
appointment of an ex officio notary public within the mayor's office to perform the duties
of a notary within that office.
(Amends R.S. 35:407(A) and (B))