HLS 15RS-4024 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 218
BY REPRESENTATIVE GAROFALO
NOTARIES: Requests that the Louisiana State Law Institute study and make
recommendations regarding the adoption of an electronic notary law
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study the need for and feasibility
3 of adopting an electronic notary law and specifically whether Louisiana should adopt
4 laws providing for the use of technology to execute notarizations when the signor is
5 not in the notary's physical presence, and to report its findings to the Louisiana
6 Legislature no later than February 1, 2017.
7 WHEREAS, with the evolution of technology and the increasing use of technology
8to facilitate commerce and banking, a number of states now allow for electronic notarization
9of electronic records, as distinguished from traditional pen and paper notarization; and
10 WHEREAS, electronic notarization is a process whereby a notary affixes an
11electronic notary signature and seal information to an electronic document; and
12 WHEREAS, the Louisiana Legislature enacted Act 244 in the 2001 Regular Session
13and created the Louisiana Uniform Electronic Transaction Act (R.S. 9:2601 et seq.), and R.S.
149:2611 specifically provides for the electronic signature of a notary, but does not provide any
15guidance or standards for how electronic notarization can be achieved; and
16 WHEREAS, audio and video conference technology has continued to develop and
17is becoming more widely available and used, and in 2012, a law became effective in Virginia
18allowing notary publics to electronically notarize documents when the signor is not in the
19notary's presence if satisfactory evidence of the signer's identity is established using audio
20and video conference technology; and
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HCR NO. 218
1 WHEREAS, the Virginia law requires parties to the notary transaction to be able to
2simultaneously see and speak to one another, the signal transmission to be live (real time),
3and the signal transmission to be secure from interception through lawful means by anyone
4other than the persons communicating; and
5 WHEREAS, the Virginia law provides detailed procedures for confirming the
6identity of a signor, and requires the electronic notary to maintain a copy of the recording
7of the video and audio conference, thereby establishing safeguards to help protect against
8fraud while allowing individuals and businesses to take advantage of the latest technology
9in an effort to facilitate transactions; and
10 WHEREAS, a similar law in Louisiana would allow businesses to utilize current
11technology in an effort to facilitate transactions and to efficiently and safely serve customers.
12 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
13urge and request the Louisiana State Law Institute to study and make recommendations
14regarding the adoption of an electronic notary law.
15 BE IT FURTHER RESOLVED that the Legislature does hereby urge and request the
16Louisiana State Law Institute to study and make recommendations for the use of technology
17to execute notarizations when the signor is not in the notary's physical presence.
18 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
19a written report of its findings, together with any proposed legislation, to the Legislature of
20Louisiana no later than February 1, 2017.
21 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
22director of the Louisiana State Law Institute.
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)]
HCR 218 Original 2015 Regular Session Garofalo
Requests the Louisiana State Law Institute to study and make recommendations regarding
the adoption of an electronic notary law and specifically whether Louisiana should adopt
laws providing for the use of technology to execute notarizations when the signor is not in
the notary's physical presence, and to report its findings to the legislature by Feb. 1, 2017.
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