LA Senate Bill 151

Legislation

State: Louisiana
Signed: June 18, 2009

Effective: August 15, 2009
Chapter: Act No. 180

Summary

Senate Bill 151 directs the Secretary of State to develop a program requiring providers of educational courses for preparing a person to take the mandatory Louisiana Notary examination to register and report their activities and post a $25,000 bond annually. The law institutes tough fines for providers who fail to comply with the new requirements and permits the Secretary of State to promulgate rules for this new program.

Affects
Adds Section 35:191.4 to the Louisiana Revised Statutes.

Changes

Directs the Secretary of State to develop and administer a program for the registration and reporting of providers who teach Notary examination preparatory courses.
Permits the Secretary of State to promulgate rules implementing the new law.
Defines “provider” as any person who provides a course or courses to train persons preparing to take the Louisiana Notary Public examination and charges a fee for the course or courses.
Requires each provider to submit a registration statement to the Secretary of State on a form developed by the Secretary each year beginning January 1, 2010.
Requires each provider, except for an educational institution that operates under the oversight of the Board of Regents, Board of Supervisors for the University of Louisiana System, Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Board of Supervisors of Southern University and Agricultural and Mechanical College or Board of Supervisors of Community and Technical Colleges to submit a $25,000 bond annually.
Requires each provider to submit a semi-annual report on a form developed by the Secretary of State listing the name and address of each person who received a course or courses of instruction or study from the provider during the time period covered by the report.
Authorizes the Secretary of State to fine a provider up to 1,000 per day for failing to comply with the requirements for educational providers of Notary examination preparatory courses and the Attorney General to institute proceedings to collect the penalty if a provider does not remit payment for a fine within 30 days of the imposition of the fine.
Exempts educational providers from the licensing requirements under R.S. 17:3141.1 et seq. (Note: This chapter safeguards the people and legitimate proprietary schools of this state against incompetent, dishonest or unprincipled trade, technical and business schools of various kinds and operators, owners and/or solicitors of these schools.)
Permits the Secretary of State to establish and require an annual professional development and education program for providers.

Analysis

In Louisiana, applicants for a Notary commission must sit for an examination on the laws and practices pertaining to Notaries and notarization. Traditionally, commission applicants train for their notarial duties through law school instruction, notarial courses at colleges and universities, understudy programs, or a combination of all three. To prepare for the official examination, many would-be Notaries also take an exam preparatory course. There have been persons who have provided optional education to prepare for the Louisiana Notary examination, but to date these providers have not been regulated. Senate Bill 151 directs the Secretary of State to develop a program requiring these educational providers to register and report their activities. The new law also requires an educational provider to post a $25,000 bond annually and institutes a fine of up to $1,000 per day for providers who fail to comply with the new requirements. The specific details of this program will likely be flushed out in administrative rules promulgated by the Secretary of State later this year.

Read Senate Bill 151.