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Regular Session, 2012
SENATE BILL NO. 518
BY SENATOR GALLOT
MOTOR VEHICLES. Provides relative to vehicles and ex-officio notaries public in the
OMV. (8/1/12)
AN ACT1
To amend and reenact R.S. 32:705(B), 706(B), 707.4(A)(1), (2), and (4), and 713, and to2
enact R.S. 35:393.2, relative to vehicles; to provide relative to ex-officio notaries3
public in the Department of Public Safety and Corrections, office of motor vehicles;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:705(B), 706(B), 707.4(A)(1), (2) and (4), and 713 are hereby7
amended and reenacted to read as follows: 8
§705. Delivery of certificate to purchaser of vehicle 9
* * *10
B. For purposes of this Section Chapter, an "endorsement" means either of11
the following:12
(1) The signature of the seller in the presence of a notary public or an ex-13
officio notary public for the office of motor vehicles who shall subscribe his name14
thereon.15
(2) The signature of the seller in the presence of two witnesses who shall16
subscribe their names thereon, which signature shall be acknowledged by a17 SB NO. 518
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subscribing witness in substantially the following manner:1
ACKNOWLEDGMENT OF WI TNESS2
State of Louisiana3
Parish of ___________4
Before me, personally came and appeared the undersigned, who, after being5
duly sworn, said that he subscribed his name to the certificate of title as a witness to6
the signature(s) of seller(s) and he saw seller(s) sign his name as his voluntary act7
and deed.8
__________________________ _____________________________9
(Witness) Notary Public10
or Ex-Officio Notary Public11
* * *12
§706. Marketable title13
* * *14
B. In the case of an authentic act of mortgage, the time of execution shall be15
the date of execution before a notary public , an ex-officio notary public for the16
office of motor vehicles, or other duly authorized officer and, if by duly17
acknowledged private act of mortgage, the date of signing by the parties shall be the18
time of execution.19
* * *20
§707.4. Alternate procedure to title trailers21
A. Every owner of a trailer, light-trailer, boat trailer, farm trailer, travel22
trailer, and mobile home, as defined according to R.S. 47:451, which has not been23
previously titled or licensed in another state, and for which no record exists with the24
department, shall be eligible to receive a certificate of title and register the trailer25
with the Department of Public Safety and Corrections if the following conditions are26
met:27
(1) The individual applicant shall sign a Hold Harmless Affidavit, on a form28
approved by the department, in the presence of a commissioned notary public of this29 SB NO. 518
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state or an ex-officio notary public for the office of motor vehicles.1
(2) The individual applicant shall sign a sworn affidavit describing in full2
detail the act translative of ownership by which the individual applicant claims to3
have acquired ownership of the trailer in question, list any individuals involved in4
the acquisition of the trailer, and the purchase price of the trailer. This affidavit shall5
include the full description of the trailer, make, model, and vehicle identification6
number, and the affiant shall sign the affidavit in the presence of a commissioned7
notary public of this state or an ex-officio notary public for the office of motor8
vehicles.9
* * *10
(4) In the event the individual applicant cannot provide documentation11
proving ownership of the trailer, either a bill of sale or receipt, the individual12
applicant must obtain two sworn affidavits from individuals who shall have personal13
knowledge of the manner in which the individual applicant acquired the ownership14
of the trailer in question. The affiant shall sign and date the affidavit, which shall15
include the full description of the trailer, make, model, and vehicle identification16
number, in the presence of a commissioned notary public of this state or an ex-17
officio notary public for the office of motor vehicles.18
* * *19
§713. Lost or destroyed certificate20
A. In the event of a lost or destroyed certificate of title, application shall be21
made to the commissioner by the owner of said vehicle in whose name the original22
title was issued or by the perfected lienholder holding said title for collateral for a23
certified copy of same upon a prescribed form duly sworn to signed by the owner or24
perfected lienholder and accompanied by a fee prescribed by this Chapter.25
Thereupon the commissioner shall issue a certified copy of said certificate of title to26
the person or perfected lienholder entitled to receive the certificate of title under the27
provisions of this Chapter. Said certified copy and all subsequent certificates of title28
issued in the chain of title originated by said certified copy shall be plainly marked29 SB NO. 518
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across their face "duplicate copy", and any subsequent purchaser of said vehicle in1
the chain of title originating through such certified copy shall acquire only such2
rights in such vehicle as the original holder of said certified copy himself had. Any3
purchaser of such vehicle may at the time of such purchase require the seller of same4
to indemnify him and all subsequent purchasers of said vehicle against any loss5
which he or they may suffer by reason of any claim or claims presented upon the6
original certificate. In the event of the recovery of the original certificate of title by7
said owner or perfected lienholder, the party, shall forthwith surrender same to the8
commissioner for cancellation or a statement of destruction from the perfected9
lienholder stating the original title has been destroyed.10
B. In order to change the address on a certificate of title, an application11
for a duplicate title shall be signed by the owner or perfected lienholder in the12
presence of a commissioned notary public in this state or an ex-officio notary13
public for the office of motor vehicles.14
Section 2. R.S. 35:393.2 is hereby enacted to read as follows:15
§393.2. Ex-officio notaries public for the Department of Public Safety and16
Corrections, office of motor vehicles; appointments by the commissioner17
A. Notwithstanding any provision in the law relative to qualifications for18
and limitations on the number of notaries public, the deputy secretary of the19
Department of Public Safety and Corrections, public safety services, is20
authorized to designate employees in the office of motor vehicles headquarters21
and field offices and appoint them as ex-officio notaries public. The deputy22
secretary may delegate this authority to the commissioner of the office of motor23
vehicles.24
B. Each employee appointed as an ex-officio notary public may exercise25
the functions of a notary public only to receive sworn statements, execute26
affidavits, acknowledgments, and other documents that are necessary to27
complete transactions for the office of motor vehicles.28
C. All acts performed by such an ex-officio notary public authorized by29 SB NO. 518
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this Section shall be performed without charge or other compensation and1
without the necessity of giving bond.2
D. The deputy secretary or his designee may suspend or terminate any3
appointment made pursuant to this Section at any time, and separation from the4
employ of the office of motor vehicles shall automatically terminate the powers5
of such ex-officio notary public.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law provides signature of a seller before a notary or in the presence of two witnesses
whose signature may be acknowledged by a subscribing witness before a notary to deliver
a certificate of title to a vehicle purchaser.
Present law provides relative to a marketable title with an authentic act of mortgage that the
time of execution is the date of signing by the parties before a notary public or other duly
authorized officer or duly acknowledged private act of mortgage.
Present law provides an alternate procedure to title trailers by execution of a Hold Harmless
Affidavit on a form approved by OMV before a commissioned notary public of this state.
Proposed law adds authority to sign such documents in the presence of an ex-officio notary
public for the office of motor vehicles.
Present law provides for procedures for applications for lost or destroyed titles for vehicles
by execution of a prescribed form duly sworn by the owner.
Proposed law removes requirement for a duly sworn form and provides for a signed form.
Proposed law provides that an application for a duplicate title which changes the address on
a certificate of title shall be signed by the owner or perfected lienholder in the presence of
a commissioned notary public in this state or an ex-officio notary public for the office of
motor vehicles.
Proposed law authorizes the appointment of ex-officio notaries public in the office of motor
vehicles by the deputy secretary of the DPS&C, public safety services and authorizes the
deputy secretary to delegate this authority to the commissioner of the office of motor
vehicles. Provides that the functions of such ex-officio notaries public encompasses only
documents necessary to complete transactions for the office of motor vehicles. Provides that
such services by ex-officio notaries public shall be performed without charge or other
compensation. Authorizes the deputy secretary or his designee to suspend or terminate ex-
officio notary public appointments. Provides that such appointments automatically terminate
upon separation from employment by the office of motor vehicles.
Effective August 1, 2012.
(Amends R.S. 32:705(B), 706(B), 707.4(A)(1), (2) and (4), and 713; adds R.S. 35:393.2)