ENROLLED
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Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 45
BY REPRESENTATIVES DOERGE, BALDONE, BARRAS, BROSSETT, HENRY
BURNS, CHANDLER, DANAHAY, HARRI SON, HENDERSON, HOWARD,
KATZ, LEGER, MONTOUCET, POPE, SMILEY, JANE SMITH, ST. GERMAIN,
STIAES, THIBAUT, AND TUCKER AND SENATOR QUI NN
A CONCURRENT RESOLUTI ON
To establish a study committee to study all aspects of notary education, applications, and
examinations, and to develop recommendations and a plan of implementation
relative to standards for notary education, applications, and examinations.
WHEREAS, notaries public for the state of Louisiana perform many important
duties, many of which are set forth in R.S. 35:2, and these duties far exceed the
responsibilities of notaries public of the common law states; and
WHEREAS, due to these extensive duties, it is of great importance to maintain high
standards of notaries public in Louisiana through the continued improvement of the notary
examination, instructors, and applicants; and
WHEREAS, in 2003, the Legislature of Louisiana charged the secretary of state with
implementing a uniform state notary examination for the improvement of the notary
examination; and
WHEREAS, in 2008, the Louisiana Senate adopted Senate Resolution No. 123 to
study the responsibilities of notaries public in Louisiana; and
WHEREAS, in 2008, the Legislature of Louisiana charged the secretary of state with
developing and administering a program to provide for the registration and reporting of
persons who provide notary examination preparatory education and instruction for the
improvement of education and instruction; and
WHEREAS, the Legislature of Louisiana has not authorized the secretary of state to
develop or implement any standards for those persons registering to provide education to
notary examination applicants, and the Legislature of Louisiana has not authorized the
secretary of state to develop or implement any standards for those applying to take the notary
examination; and ENROLLEDHCR NO. 45
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WHEREAS, in order to continue the improvement of the office of notary public in
Louisiana, it may be beneficial to study expanding the authority of the secretary of state to
develop standards for notary examination instructors and applicants; and
WHEREAS, regardless of any additional authority granted to the secretary of state
relative to the office of notary public, it may be beneficial to study all aspects of the notary
education, examination, and application to determine additional ways of improving the
office of notary public in Louisiana.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
create the Notary Education, Application, and Examination Committee to study the laws
relating to the office of notary public and urge this committee to continue the work
commenced by the Notary Study Committee created by Senate Resolution No. 123 of the
2008 Regular Session of the Legislature, and to make recommendations to the secretary of
state and the Legislature of Louisiana to implement changes necessary to improve the office
of notary public.
BE IT FURTHER RESOLVED that the committee shall consist of the following
members:
(1) The secretary of state or his designee.
(2) A representative of the Notary Division of the Department of State.
(3) The attorney general or his designee.
(4) The chair of the House Committee on Civil Law and Procedure or his designee.
(5) The chair of the Senate Judiciary A Committee or her designee.
(6) One representative of the Louisiana Notary Association.
(7) One representative of the Professional Civil Law Notary Association.
(8) The Vice President for Academic and Student Affairs of the Louisiana
Community and Technical College System or her designee.
(9) A member of the Louisiana Notary Public Examination Development and
Evaluation Committee.
(10) One representative of the Louisiana State Bar Association.
(11) Four members appointed by the secretary of state.
(12) The editor of the Louisiana Notary Public Examination Official Study Guide
or his designee. ENROLLEDHCR NO. 45
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(13) The director of the Louisiana State University Office of Assessment and
Evaluation.
(14) One representative of the Louisiana Banker's Association.
(15) The director of the Louisiana State Law Institute or his designee.
BE IT FURTHER RESOLVED that the chair of the committee shall be appointed
by the secretary of state.
BE IT FURTHER RESOLVED that the committee at its organizational meeting shall
elect such other officers as it determines necessary.
BE IT FURTHER RESOLVED that the members of the committee shall serve
without compensation.
BE IT FURTHER RESOLVED that any official action of the committee shall require
affirmative approval of a majority of the quorum present and voting, a majority of the
appointed members constituting a quorum.
BE IT FURTHER RESOLVED that the Louisiana Notary Association shall provide
a recorder to serve without compensation as is necessary.
BE IT FURTHER RESOLVED that the committee shall make a written report of its
findings to the House Committee on Civil Law and Procedure and the Senate Committee on
Judiciary A on or before January 1, 2012.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE