HLS 18RS-1870 ENGROSSED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 31
BY REPRESENTATIVE GAROFALO
NOTARIES: Directs the Louisiana State Law Institute to study and make recommendations
relative to electronic notarial acts
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to prepare proposed legislation
3 providing for the enactment of an electronic notary law in Louisiana, and to report
4 its findings to the Louisiana Legislature no later than February 1, 2019.
5 WHEREAS, the Louisiana Legislature enacted Act No. 244 in the 2001 Regular
6Session of the Legislature and created the Louisiana Uniform Electronic Transactions Act
7(R.S. 9:2601 et seq.), and R.S. 9:2611 specifically provides for the electronic signature of
8a notary, but does not provide any guidance or standards for how electronic notarization can
9be achieved; and
10 WHEREAS, House Concurrent Resolution No. 218 of the 2015 Regular Session of
11the Legislature urged and requested the Louisiana State Law Institute to study and make
12recommendations regarding the enactment of an electronic notary law, and specifically
13whether Louisiana should enact law providing for the use of technology to execute
14notarizations when the signor is not in the notary's physical presence; and
15 WHEREAS, in fulfillment of the request of House Concurrent Resolution No. 218,
16the Louisiana State Law Institute created the Electronic Signatures Study Group, which is
17comprised of members who represent the clerks of court, secretary of state, and other
18interests; and
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HCR NO. 31
1 WHEREAS, in order to address the requests of House Concurrent Resolution No.
2218, the Electronic Signatures Study Group met on November 4, 2016, and delivered an
3interim report to the Louisiana Legislature on January 27, 2017; and
4 WHEREAS, the interim report of the Louisiana State Law Institute Electronic
5Signatures Study Group reported that the study group agreed that the enactment of an
6electronic notary law in Louisiana is advisable, and the study group would continue to
7research relevant issues in order to prepare recommendations to the Louisiana Legislature;
8and
9 WHEREAS, audio and video conference technology has continued to develop and
10is becoming more widely available and used by notaries public in other states to
11electronically notarize documents when the signor is not in the presence of the notary,
12becoming commonly known as "remote online notarization", and Louisiana law does not
13currently recognize such remote online notarization; and
14 WHEREAS, with the evolution of technology and the increasing use of technology
15to facilitate commerce and banking, a number of states now allow for electronic notarization
16of electronic records, as distinguished from traditional pen and paper notarization; and
17 WHEREAS, a similar law in Louisiana would allow businesses to utilize current
18technology in an effort to facilitate transactions and to efficiently and safely serve customers.
19 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
20authorize and direct the Louisiana State Law Institute to prepare proposed legislation
21providing for the enactment of an electronic notary law.
22 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby
23authorize and direct the Louisiana State Law Institute to include representatives of the
24secretary of state, clerks of court, Louisiana Notary Association, Louisiana Bankers
25Association, Louisiana State Bar Association, Louisiana Association of Independent Land
26Title Agents, and the Louisiana Land Title Association, to the extent not already included
27in the study group.
28 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
29proposed legislation to the Louisiana Legislature no later than February 1, 2019.
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HCR NO. 31
1 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
2director 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 31 Engrossed 2018 Regular Session Garofalo
Directs the Louisiana State Law Institute to prepare proposed legislation providing for the
enactment of an electronic notary law.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add reference to "remote online notarization".
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