ENROLLED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 31
BY REPRESENTATIVE GAROFALO
A CONCURRENT RESOL UTION
To urge and request the Louisiana State Law Institute to prepare proposed legislation
providing for the enactment of an electronic notary law in Louisiana, and to report
its findings to the Louisiana Legislature no later than February 1, 2019.
WHEREAS, the Louisiana Legislature enacted Act No. 244 in the 2001 Regular
Session of the Legislature and created the Louisiana Uniform Electronic Transactions 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, House Concurrent Resolution No. 218 of the 2015 Regular Session of
the Legislature urged and requested the Louisiana State Law Institute to study and make
recommendations regarding the enactment of an electronic notary law, and specifically
whether Louisiana should enact law providing for the use of technology to execute
notarizations when the signor is not in the notary's physical presence; and
WHEREAS, in fulfillment of the request of House Concurrent Resolution No. 218,
the Louisiana State Law Institute created the Electronic Signatures Study Group, which is
comprised of members who represent the clerks of court, secretary of state, and other
interests; and
WHEREAS, in order to address the requests of House Concurrent Resolution No.
218, the Electronic Signatures Study Group met on November 4, 2016, and delivered an
interim report to the Louisiana Legislature on January 27, 2017; and
WHEREAS, the interim report of the Louisiana State Law Institute Electronic
Signatures Study Group reported that the study group agreed that the enactment of an
electronic notary law in Louisiana is advisable, and the study group would continue to
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research relevant issues in order to prepare recommendations to the Louisiana Legislature;
and
WHEREAS, audio and video conference technology has continued to develop and
is becoming more widely available and used by notaries public in other states to
electronically notarize documents when the signor is not in the presence of the notary,
becoming commonly known as "remote online notarization", and Louisiana law does not
currently recognize such remote online notarization; and
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, 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 prepare proposed legislation providing
for the enactment of an electronic notary law.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request the Louisiana State Law Institute to include representatives of the secretary of
state, clerks of court, Louisiana Notary Association, Louisiana Bankers Association,
Louisiana State Bar Association, Louisiana Association of Independent Land Title Agents,
and the Louisiana Land Title Association, to the extent not already included in the study
group.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
proposed legislation to the Louisiana Legislature no later than February 1, 2019.
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
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