Louisiana 2014 Regular Session

Louisiana House Bill HB661 Latest Draft

Bill / Introduced Version

                            HLS 14RS-1373	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 661
BY REPRESENTATIVE PRICE
FINANCIAL INSTITUTIONS: Provides relative to the admissibility of electronic
reproductions of records retained by financial institutions
AN ACT1
To amend and reenact R.S. 6:667.3 and R.S. 13:3733.1(F), (H), and (I) and to repeal R.S.2
13:3733.1(J), relative to electronic reproductions of records retained by financial3
institutions; to provide for the recognition of electronic reproductions as original4
records; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 6:667.3 is hereby amended and reenacted to read as follows: 7
§667.3.  Records as evidence8
A. An official record of a member's account in a credit union doing business9
in this state, or an entry therein, when admissible for any purpose, may be evidenced10
by a copy attested by the officer having legal custody of the member's records.11
B. Notwithstanding R.S. 13:3733.1(F) and (G), with respect to any action12
taken by credit unions, each reproduction, including any electronic reproduction,13
shall be an original as defined in Article 1001 of the Louisiana Code of Evidence,14
and under any other similar codes of evidence or other evidentiary law or rule of any15
other jurisdiction.16
Section 2. R.S. 13:3733.1(F), (H), and (I) are hereby amended and reenacted to read17
as follows:18
§3733.1. Financial institution records; reproductions; recordkeeping; admissibility19
into evidence; definitions20
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HB NO. 661
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F.  Except as prohibited in Subsection G of this Section, each Each1
reproduction, including any electronic reproduction, shall be an original as defined2
in Article 1001 of the Louisiana Code of Evidence, and under any other similar3
codes of evidence or other evidentiary law or rule of any other jurisdiction.4
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H.  It is further provided that the terms of any record described in Subsection6
G of this Section, the original of which has been lost, stolen, or inadvertently7
destroyed, may be enforced and, if applicable, a duplicate original of such record8
reissued, upon compliance with the provisions of this Section or compliance with9
any other applicable laws, rules, or regulations.10
I. Notwithstanding any statute, rule of law, regulation, ordinance, or other11
provisions to the contrary, reproductions of records, including those described in12
Subsection G of this Section any electronic reproduction, shall satisfy all record13
retention and recordkeeping requirements, whether or not the original of such record14
is still in existence.15
Section 3.  R.S. 13:3733.1(J) is hereby repealed in its entirety.16
Section 4. This Act shall become effective on July 1, 2014; if vetoed by the governor17
and subsequently approved by the legislature, this Act shall become effective on July 1,18
2014, or on the day following such approval by the legislature, whichever is later.19
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)]
Price	HB No. 661
Abstract: Provides that all electronic reproductions retained by credit unions shall be an
original of such record.  
Present law provides that an official record of a credit union member's account, when
admissible for any purpose, may be evidenced by a copy attested by the officer having legal
custody of the member's records.
Proposed law retains present law and provides for the admissibility of all electronic
reproductions retained by credit unions as original records with respect to any action taken
by credit unions. HLS 14RS-1373	ORIGINAL
HB NO. 661
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that a reproduction of a promissory note, negotiable instrument, letter
of credit, certificated security, document of title, or a certificate of title pertaining to a motor
vehicle shall not be deemed to be an original of such record for the use in (a) executory
proceedings, (b) transferring the record, (c) presenting the record for payment, acceptance,
or honor; and (d) use of the record in a judicial proceeding or action involving a claim based
on such record, unless the original has been lost, stolen, or inadvertently destroyed. 
Proposed law repeals present law and provides for the recognition of all electronic
reproductions as original records retained by financial institutions. 
Effective July 1, 2014.
(Amends R.S. 6:667.3 and R.S. 13:3733.1(F), (H), and (I); Repeals R.S. 13:3733.1(J))