Louisiana 2017 Regular Session

Louisiana House Bill HB432

Introduced
3/31/17  
Refer
3/31/17  
Refer
4/10/17  
Refer
4/10/17  
Report Pass
4/24/17  
Report Pass
4/24/17  
Engrossed
5/3/17  
Engrossed
5/3/17  
Refer
5/8/17  
Refer
5/8/17  
Report Pass
5/22/17  
Report Pass
5/22/17  
Enrolled
6/5/17  
Enrolled
6/5/17  
Chaptered
6/16/17  
Chaptered
6/16/17  
Passed
6/16/17  

Caption

Imposes certain requirements on transactions executing the transfer of certificates of title of certain movable property

Impact

As a direct result of HB 432, the existing laws regarding the transfer of title will be updated to eliminate the requirement for a notary public to witness signatures in certain cases. Instead, an authorized officer from a federally insured financial institution can now verify identity and witness the endorsement of the seller. This change is intended to expedite and simplify the transfer process, particularly for individuals and businesses seeking secured loans for movable property. Overall, this bill is likely to enhance operational efficiency in the transaction of movable property, making it more convenient for buyers and financial institutions alike.

Summary

House Bill 432 primarily focuses on transactions involving the transfer of certificates of title for certain movable property, notably vehicles and vessels. This bill introduces amendments to existing statutes governing the title transfer process, aiming to clarify and streamline the regulations. It defines the role of 'authorized officers' at federally insured financial institutions in facilitating these transfers, thus simplifying the procedures that exist in the context of secured loans for vehicles which require title changes. The aim is to modernize certain aspects of property transactions while ensuring a level of security and identification verification during the process.

Sentiment

The sentiment around HB 432 appears to be generally positive, particularly among financial institutions and industry stakeholders who view the amendments as beneficial for facilitating smoother transactions. Supporters argue that the bill supports economic activity by streamlining processes and reducing bureaucratic hurdles associated with vehicle and vessel ownership transfers. However, some concerns may arise regarding consumer protections and the potential for misuse if oversight from notaries is reduced. Nonetheless, the prevailing view seems to favor the efficiency gains promised by these new regulations.

Contention

One notable point of contention relates to the balance between simplifying transfer procedures and ensuring sufficient consumer protection. While financial institutions appreciate the streamlined process, critics may worry about the nuances of identity verification when an authorized officer, rather than a notary, witnesses the transaction. Ensuring that safeguards are in place to protect both buyers and sellers during the transfer of ownership is crucial, as this could impact future disputes over property ownership and claims.

Companion Bills

No companion bills found.

Previously Filed As

LA HB586

Authorizes the use of electronic signatures when transferring certificates of title in certain situations

LA HB704

Authorizes the licensing of titled-movable transfer officers to notarize vehicle titles and bills of sale (OR INCREASE GF EX See Note)

LA HB176

Provides relative to transfer of ownership of movable property

LA SB1267

Relating to certificates of number and certificates of title issued by and records kept by the Parks and Wildlife Department; creating a criminal offense.

LA HB753

Provides with respect the classification of movable and immovable property of certain companies for purposes of calculating property tax

LA HB4895

Relating to certificates of number and certificates of title issued by and records kept by the Parks and Wildlife Department; creating a criminal offense.

LA H0321

Movable Tiny Homes

LA SB1497

Certificates of title; providing certain exception to prohibition on transfer of title. Emergency.

LA SB1485

Certificates of title; providing exception for certain industry from inspection requirement. Effective date.

LA A5804

Modifies payer of additional fees and taxes imposed on certain real property transfers; modifies fees and taxes imposed on property transfers valued over $2 million.

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