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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 356
BY SENATOR RISER
CLERKS OF COURT. Authorizes the position of parish affidavit clerk for certain notarial
duties in parishes of less than fifty-thousand population. (8/1/12)
AN ACT1
To enact R.S. 13:751.1, relative to notaries; to provide for a court-appointed parish affidavit2
clerk; to provide for such parish affidavit clerk's qualifications, duties and authority;3
to provide certain procedures and effects; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:751.1 is hereby enacted to read as follows:6
ยง751.1. Parish affidavit clerks7
A. When any parish with a population of less than fifty thousand people8
has an insufficiency of notaries as determined by the clerk of court of the9
district court in that parish, business owners licensed in the parish may10
nominate any one of their employees for the position of parish affidavit clerk.11
The requisite district court in that parish may appoint one or more of those12
nominees to be a parish affidavit clerk, subject to the provisions in this Section.13
B. The clerk of court shall keep a written record of each parish affidavit14
clerk's appointment and date of appointment in a separate book or electronic15
file created for that purpose. No later than five days following appointment, the16
district court shall provide to the secretary of state's office the names of17 SB NO. 356
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
appointed parish affidavit clerks, along with the date of each clerk's1
appointment.2
C. The secretary of state shall keep a separate register of the names and3
dates of appointments of all parish affidavit clerks. A duplicate original court4
order of appointment containing the signature of the each parish affidavit clerk5
shall be filed with the secretary of state.6
D. Appointed parish affidavit clerks shall have qualified for and taken7
the examination provided for in R.S. 35:191 and 191.1, and shall have passed all8
parts of that examination with the exception of any notarial performance9
assessment portion of that examination.10
E. Parish affidavit clerks shall be authorized to perform the following11
duties only:12
(1) administer oaths;13
(2) attest to the oath and signature of affiants on affidavits made in the14
parish; and15
(3) attest to an oath and signature of an appearer on forms of16
acknowledgment provided for in R.S. 35:511 and taken in the parish.17
A parish affidavit clerk shall have no other authority with respect to any18
other type of certificate or juridical act. Any such unauthorized certificate or19
juridical act, when attested to by a parish affidavit clerk, shall be void and of20
no effect.21
F. Parish affidavit clerks and their employers shall execute a good and22
sufficient surety bond as provided for in R.S. 35:71, conditioned on the parish23
affidavit clerk's faithful performance of his or her duties.24
G. Parish affidavit clerks shall serve at the pleasure of the district court25
for a term not to exceed five years. The district court, on its own motion, may26
revoke the authority of a parish affidavit clerk by serving said revocation on the27
parish affidavit clerk and on the secretary of state.28 SB NO. 356
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Proposed law provides that in any parish with a population of less than 50,000 people, the
clerk of court may determine that there is an insufficient number of notaries. Further
provides that, upon such determination, business owners in that parish may nominate for
appointment by the district court one or more employees to be appointed by the district court
as a parish affidavit clerk.
Proposed law provides that the secretary of state shall keep a registry of the names and dates
of appointment of all parish affidavit clerks. Further provides that parish affidavit clerks
shall have qualified for the notary exam provided for in R.S. 35:191 and 191.1, and shall
have passed all parts of that exam except for any notarial performance assessment portion.
Proposed law further provides that such parish affidavit clerks shall be authorized only to
administer oaths; attest to the oath and signature of affiants on affidavits made within the
parish; and attest to the oath and signature of an appearer on forms of acknowledgment taken
within the parish.
Proposed law further provides that parish affidavit clerks shall serve at the pleasure of the
district court for no more than five years, and shall maintain a surety bond as provided for
in R.S. 35:71.
Effective August 1, 2012.
(Adds R.S. 13:751.1)