ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 4
Regular Session, 2012
HOUSE BILL NO. 491
BY REPRESENTATIVE DANAHAY
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
ยง162. 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
the legislature shall deposit in the office of the secretary of state a certified journal21
entry of the proceedings of that house which reflects the taking of the oath of office22
as provided in the constitution. The secretary of state shall record each certified23
journal entry in the same manner the oaths or affirmations received pursuant to24 ENROLLEDHB NO. 491
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are additions.
Subsection A of this Section are recorded. For the members of the legislature who1
took the oath of office at the organizational session of the legislature, the certified2
journal entry shall fulfill the requirements of this Part to take and subscribe to the3
oath or affirmation.4
C. The oath or affirmation shall be deposited for recordation within one5
month after the same shall have been administered. A certified journal entry6
submitted pursuant to Subsection B of this Section shall be deposited for recordation7
no later than one month following the organizational session of the legislature.8
Section 2. This Act is declared to be remedial, curative, and procedural and therefore9
is to be applied retroactively as well as prospectively.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: