Emergency Filing Procedures for Notary Bonds
WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency was declared through Proclamation No. 48 KBB 2005, issued on August 26, 2005, and extended by Proclamation Nos. 54 KBB 2005, 61 KBB 2005, 68 KBB 2005, 75 KBB 2005, 10 KBB 2006, and 14 KBB 2006; and Proclamation No. 53 KBB 2005, issued on September 20, 2005, and extended by Proclamation Nos. 60 KBB 2005, 67 KBB 2005, 74 KBB 2005, 9 KBB 2006, and 15 KBB 2006;
WHEREAS, Hurricane Katrina and its aftermath, and Hurricane Rita have resulted in mandatory or voluntary evacuations in several parishes throughout southeast and southwest Louisiana, causing thousands of residents to secure temporary residency outside of their original parish of residence;
WHEREAS, R.S. 35:191 requires a notary public to be commissioned and bonded in his or her parish of residence and R.S. 35:202 requires that such notary file an annual report with the Secretary of State on or before the anniversary date of his or her commission;
WHEREAS, R.S. 29:724(D)(1) authorizes the governor to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
WHEREAS, the Secretary of State has requested that the governor suspend the requirement that a notary public may only exercise his or her notarial functions within his or her parish of commission, and that notaries temporarily residing outside their original parish of commission not be required to file additional bonds provided such notaries register their temporary address with the Secretary of State's office;
NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: The residents of the parishes of Jefferson, Plaquemines, Orleans, St. Bernard, St. Tammany, Washington, Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vermilion who hold a commission of notary in those parishes may exercise the functions of a notary public within the parish of their temporary residence without additional bonding requirements provided such notaries register his or her temporary address with the Secretary of State’s office.
SECTION 2: This Order is effective upon signature and shall continue in effect until Friday, June 30, 2006, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 14th day of March, 2006.
Kathleen Babineaux Blanco
Secretary of State