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