HLS 12RS-794 ENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 491
BY REPRESENTATIVE DANAHAY
PUBLIC OFFICIALS: Provides relative to the filing of the oath of office for certain
officials
AN ACT1
To amend and reenact R.S. 42:162, relative to oaths of office; to provide relative to manner2
in which the oath of certain officials is subscribed to and recorded; to provide for the3
duties of certain officials relative thereto; to provide for effectiveness; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:162 is hereby amended and reenacted to read as follows: 7
§162. Administration and recordation of oath or affirmation 8
A. The oath or affirmation of all officers of the state may be administered9
by the governor, any judge, justice of the peace, notary public, or clerk of court., and10
Except as otherwise provided in Subsection B of this Section, the oath or affirmation11
shall be subscribed to by the party taking it, and certified in his commission by the12
person administering it. This oath or affirmation and shall be deposited in the office13
of the secretary of state and recorded by him. The oath or affirmation of all parish14
officers shall also be recorded in the clerk of court's office of the parish where the15
same may have been administered, to be recorded by the clerk of court in a book16
kept for that purpose.17
B. For members of each house of the legislature who take the oath or18
affirmation at the organizational session of the legislature as provided in Article III,19
Section 2(D) of the Constitution of Louisiana, the clerical officer of each house of20 HLS 12RS-794 ENGROSSED
HB NO. 491
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the legislature shall deposit in the office of the secretary of state a certified journal1
entry of the proceedings of that house which reflects the taking of the oath of office2
as provided in the constitution. The secretary of state shall record each certified3
journal entry in the same manner the oaths or affirmations received pursuant to4
Subsection A of this Section are recorded. For the members of the legislature who5
took the oath of office at the organizational session of the legislature, the certified6
journal entry shall fulfill the requirements of this Part to take and subscribe to the7
oath or affirmation.8
C. The oath or affirmation shall be deposited for recordation within one9
month after the same shall have been administered. A certified journal entry10
submitted pursuant to Subsection B of this Section shall be deposited for recordation11
no later than one month following the organizational session of the legislature.12
Section 2. This Act is declared to be remedial, curative, and procedural and therefore13
is to be applied retroactively as well as prospectively.14
Section 3. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Danahay HB No. 491
Abstract: Provides for the manner in which the oath of office for legislators who take the
oath at the organizational session of the legislature is subscribed to and recorded.
Present law (R.S. 42:161) requires all public officers to take and subscribe to the oath or
affirmation required by the present constitution (Art. X, §30) before acting in their respective
offices. Present law (R.S. 42:162) provides that the oath may be administered by the
governor, any judge, justice of the peace, notary public, or clerk of court and shall be
subscribed by the party taking it and certified in his commission by the person administering
it. Requires the oath to be deposited in the office of the secretary of state and recorded by
him (and for parish officers, also in parish clerk of court's office) within one month after
being administered. HLS 12RS-794 ENGROSSED
HB NO. 491
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are additions.
Proposed law specifies that for members of each house of the legislature who take the oath
or affirmation at the organizational session of the legislature as provided in the present
constitution (Art. III, §2(D)), the clerical officer of each house of the legislature shall deposit
in the office of the secretary of state a certified journal entry of the proceedings of that house
which reflect the taking of the oath of office as provided in the constitution. Requires the
secretary of state to record each certified journal entry in the same manner as other oaths or
affirmations received pursuant present law. Specifies that the certified journal entry fulfills
all of the requirements of present law to take and subscribe to the oath or affirmation and
requires it to be deposited for recordation no later than one month following the
organizational session of the legislature.
Provides that the provisions of the Act are remedial, curative, and procedural and are to be
applied retroactively as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:162)