Louisiana 2019 2019 Regular Session

Louisiana House Bill HB514 Comm Sub / Analysis

                    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)]
HB 514 Original	2019 Regular Session	Garofalo
Abstract:  Provides for recordation of tangible copies of electronic acts; allows for the performance
of notarial functions remotely through the use of technology; and provides for limitations,
qualifications, procedures, duties, and rulemaking relative to the performance of remote
online notarization.
Proposed law (C.C. Art. 3344 and R.S. 9:2760) allows for the recordation of tangible copies of
electronic acts. 
Proposed law (R.S. 35:623) provides for the legal effect of remote online notarization. 
Proposed law (R.S. 35:624) authorizes the secretary of state to adopt rules in order to
develop and maintain standards to implement proposed law.
Proposed law (R.S. 35:625) provides for the process and requirements necessary to become and
remain authorized to perform remote online notarization.
Proposed law (R.S. 35:626(A)) provides for the locations of the notary public, parties, and witnesses
to a remote online notarial act and proposed law (R.S. 35:626(B)) provides for the location of a
remote online notarial act.
Proposed law (R.S. 35:627(A)) provides procedures for a notary public to verify the identity of
parties and witnesses to a remote online notarial act.
Proposed law (R.S. 35:627(B)) requires a notary public performing remote online notarization to
include in a remote online notarial act a statement that it is a remote online notarial act and to
electronically and digitally sign the remote online notarial act. 
Proposed law (R.S. 35:628) provides for duties of the notary public in performing remote online
notarization.
Proposed law (R.S. 35:629(A)) requires a notary public to maintain electronic copies and
audio-video recordings of each remote online notarization for at least ten years after the date of the
remote online notarization.
Proposed law (R.S. 35:629(B)) allows a notary public to designate a custodian to maintain the
electronic records required by proposed law.  Proposed law (R.S. 35:630) prohibits contractual modification of the provisions of proposed law.
Effective Aug. 1, 2020.
(Amends C.C. Art. 3344(A)(intro. para.); Adds R.S. 9:2760 and R.S. 35:621-630)