Louisiana 2012 Regular Session

Louisiana House Bill HB704 Latest Draft

Bill / Introduced Version

                            HLS 12RS-1297	ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 704
BY REPRESENTATIVE ANDERS
MOTOR VEHICLES: Authorizes the licensing of titled-movable transfer officers to
notarize vehicle titles and bills of sale
AN ACT1
To amend and reenact R.S. 32:705(B)(introductory paragraph) and to enact R.S.2
32:705(B)(3) and 735.1, relative to title transfers; to provide for the creation of titled-3
movable transfer officer; to provide for contracts; to provide for surety bond; to4
provide for fees; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:705(B)(introductory paragraph) is hereby amended and reenacted7
and R.S. 32:705(B)(3) and 735.1 are hereby enacted to read as follows:8
§705.  Delivery of certificate to purchaser of vehicle9
*          *          *10
B. For purposes of this Section, an "endorsement" means either any of the11
following:12
*          *          *13
(3) The signature of the seller in the presence of a licensed titled-movable14
transfer officer, as provided for in R.S. 32:735.1.15
*          *          *16
§735.1. Titled-movable transfer officers;  licensing and regulation; fees, suspension17
and revocation; domicile; surety bonds; expiration and renewal dates18
A. Eligibility to contract under the provisions of this Section shall be limited19
to those persons of good moral character, who maintain an office within the state of20
Louisiana, have executed a good and sufficient surety bond that meets the21 HLS 12RS-1297	ORIGINAL
HB NO. 704
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requirements of R.S. 32:736, and have paid the annual fee required by Subsection C1
of this Section.2
B. Titled-movable transfer officers shall be authorized, as provided for in3
R.S. 32:705, to truthfully attest to the identity and endorsement of the seller on4
vehicle certificates of title and on bills of sale transferring ownership of vehicles in5
Louisiana.6
C. The department shall promulgate such rules as are necessary to implement7
this Section. Such rules may include guidelines for eligibility to contract with the8
department, criteria for the suspension, revocation, or cancellation of a contract, or9
any other matter the department deems necessary for the proper oversight of titled-10
movable transfer officers.11
D. An annual fee of twenty-five dollars shall be collected from a person12
seeking to contract with the department prior to the person commencing to act as a13
titled-movable transfer officer.14
E. Every contract between the department and an authorized titled-movable15
transfer officer authorized by this Section shall expire as of the first day of June16
following the year in which such license was issued.  The department may provide17
that contracts may be subject to automatic renewal by rule.18
F. Each contract perfected pursuant to this Section shall be renewed annually19
at least sixty days in advance of the expiration date of the contract by submitting to20
the office of motor vehicles an application for renewal upon a form supplied by that21
office, together with the renewal fee and the surety bond for the renewal period.22
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)]
Anders	HB No. 704
Abstract: Creates the titled-movable transfer officer and provides for powers, duties, and
fees.
Present law provides that no person shall sell a vehicle in La. without delivery to the
purchaser of a certificate of title issued in the name of the seller with a signed endorsement HLS 12RS-1297	ORIGINAL
HB NO. 704
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of sale, meaning the seller signed that certificate of title either in the presence of a notary,
who also signed the title, or in the presence of two witnesses, who also signed the title.
Proposed law adds that a signed vehicle title endorsement or endorsed bill of sale may also
be effected by the seller's signing his name in the presence of a licensed titled-movable
transfer officer. 
Proposed law creates the new position of titled-movable transfer officer, a person authorized
by and contracted with the office of motor vehicles to attest to the identity and endorsement
of sellers' signatures on vehicle title endorsements and bill of sale documents only. Further
provides that those individuals eligible to be such an officer are only those persons who are:
of good moral character, maintain an office within the state of La., have executed a surety
bond complying with R.S. 32:736 requirements, and have paid an annual $25 fee to the
department. 
Proposed law provides that the department shall promulgate rules to implement proposed
law including guidelines for eligibility to contract with the department and criteria for
suspension, revocation and cancellation of such contracts. Further provides that each such
contract shall expire as of the first day of June following the year in which such license was
issued. Further provides that the department may provide that such contracts may be
automatically renewed by rule. Further provides that each such contract shall be renewed
annually at least 60 days in advance of the expiration of the contract by submitting for
renewal to the office of motor vehicles an application upon a form supplied by the office of
motor vehicles, as well as the renewal bond and the surety bond for the renewal period.
(Amends R.S. 32:705(B)(intro. para.); Adds R.S. 32:705(B)(3) and 735.1)