HLS 14RS-1120 REENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 888
BY REPRESENTATIVE ARNOLD
CLERKS OF COURT: Creates a statewide portal for secure remote access to certain
records maintained by district clerks of court
AN ACT1
To enact R.S. 13:754, relative to district clerks of court; to create the Louisiana Clerks'2
Remote Access Authority; to provide for the membership of the authority; to provide3
for the board of commissioner and its powers, duties, and domicile; to provide for4
the creation of a statewide portal for certain records maintained by the district clerks5
of court; to provide for the collection and use of fees; to provide for document6
preservation; to provide for the limitation of liability; to provide for restrictions7
relative to the use of records within the statewide portal; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:754 is hereby enacted to read as follows: 11
ยง754. Louisiana Clerks' Remote Access Authority; membership; board of12
commission; statewide portal of records13
A. There is hereby created the Louisiana Clerks' Remote Access Authority14
which shall be referred to as the "LCRAA".15
B. The LCRAA shall provide for infrastructure, governance, standard16
operating procedures, technology, and training to support a statewide portal for17
secure remote access by Internet users to certain records maintained by LCRAA18
members and to provide for document preservation.19 HLS 14RS-1120 REENGROSSED
HB NO. 888
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C. The LCRAA shall be composed of members who are district clerks of1
court who enroll on or before September 1, 2014, to provide the LCRAA with secure2
remote access to indices and electronic images of certain records maintained by each3
district clerk of court. LCRAA shall adopt rules permitting additional district clerks4
of court to enroll as members of LCRAA on a schedule which shall include at least5
one enrollment period per fiscal year.6
D.(1) The LCRAA shall be governed by a seven-member board of7
commissioners, referred to in this Section as the "board", six of whom are8
participating members of LCRAA and one non-member who shall represent the9
Louisiana Bankers Association. The board members shall be elected by participating10
members of LCRAA. The non-member shall be elected by the Louisiana Bankers11
Association. The number of board members may be increased by majority vote of12
the membership.13
(2)(a) Board members shall serve two-year terms. The initial term shall14
begin on July 1, 2014, and shall end on June 30, 2016.15
(b) Board members shall be eligible for election to succeeding terms without16
limit.17
(c) Any vacancy on the board of LCRAA shall be filled by election.18
(3) The LCRAA shall elect from its members a chair, a vice chair, a19
secretary, a treasurer and such other officers as it may deem necessary. The duties20
of the officers shall be fixed by the by-laws adopted by LCRAA.21
(4) The members of the board shall serve without compensation but shall be22
reimbursed for their reasonable expenses directly related to the governance of23
LCRAA.24
(5) The domicile of LCRAA shall be in East Baton Rouge Parish.25
E. The LCRAA acting through its board, shall have the following powers26
and duties:27 HLS 14RS-1120 REENGROSSED
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(1) To design, construct, administer, and maintain a statewide portal for1
remote access of certain electronic images of certain records maintained by members.2
(2) To adopt such rules and regulations as it deems necessary or advisable3
for conducting its business affairs including but not limited to developing indexing4
standards.5
(3) To receive and expend funds collected pursuant to this Section and in6
accordance with a budget adopted by LCRAA.7
(4) To enter into contracts with individuals or entities, private or public.8
(5) To provide such services and make such expenditures as LCRAA deems9
proper for the establishment and maintenance of a statewide portal.10
(6) To acquire or lease equipment, supplies, office space, and storage space11
which LCRAA deems necessary for the achievement of the purposes of this Section.12
(7) To perform any function or activity necessary or appropriate to carry out13
the purposes of this Section.14
(8) To establish user fees for remote access through the statewide portal.15
The fees shall be sufficient to recover administrative and operational expenses.16
Administrative and operational expenses shall include but not be limited to hardware,17
computer support, maintenance, enhancements, upgrades, and replacement of18
information technology equipment, including software and conversion services,19
preserving, maintaining, and enhancing records including the costs of repairs,20
maintenance, consulting services, service contracts, redaction of confidential21
information from records, system replacements or upgrades, and improving public22
access to records.23
(9) To accept any type of payment approved by LCRAA including but not24
limited to credit cards, electronic fund transfers, or escrowed funds.25
(10) To establish and administer a grant program for assisting members with26
acquiring hardware and software for the conversion of records to increase the records27
made available through the statewide portal.28 HLS 14RS-1120 REENGROSSED
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(11) To solicit and accept additional contributions and grants to further the1
purposes of LCRAA.2
F.(1) Beginning September 1, 2014, members of LCRAA shall collect a fee3
of five dollars per recording of which three dollars shall be remitted to the LCRAA4
and two dollars shall be retained by the member to fund costs related to participation5
in the statewide portal, including but not limited to acquiring hardware and software6
and providing document preservation. The fees shall be remitted to LCRAA by the7
tenth day of the month following collection. LCRAA shall use the fees received8
solely for the purposes set forth in this Subsection.9
(2) Any user fee received by LCRAA shall be used for administering and10
maintaining the statewide portal and a prorated share, as determined by LCRAA,11
may be paid to members based upon the public access to the records provided by the12
member.13
(3) If the statewide portal is not operational by August 31, 2017, the14
additional five dollar fee shall not be collected.15
G. LCRAA shall be immune from suits arising from any acts or omissions16
relating to providing remote access pursuant to the provisions of this Section unless17
the LCRAA was grossly negligent or engaged in willful misconduct. The provisions18
of this Subsection shall not be construed to limit, withdraw, or overturn any other19
applicable defense or immunity.20
H. Records accessed through the statewide portal shall not be sold or posted21
on any other public or private website or in any way redistributed to any third party22
by a user. LCRAA may deny remote access when necessary to ensure compliance23
with this Subsection. Data from records accessed by secure remote access may be24
included in products or services provided to a third party provided that all of the25
following occur:26
(1) The records used to compile the data are not made available to the27
general public.28 HLS 14RS-1120 REENGROSSED
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(2) The third party maintains administrative, technical, and security1
safeguards to protect integrity and limited access of the records.2
(3) The third party discloses that he is not the official custodian of the3
records used to compile the data.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Arnold HB No. 888
Abstract: Provides for the creation of the Louisiana Clerks' Remote Access Authority.
Proposed law creates the Louisiana Clerks' Remote Access Authority (LCRAA) for the
purpose of providing infrastructure, governance, standard operating procedures, technology,
and training to support a statewide portal for secure remote access of certain records
maintained by LCRAA members to internet users and for document preservation.
Proposed law provides for the membership of the authority to be composed of district clerks
of court who enroll on or before Sept. 1, 2014, and provides the LCRAA with secure remote
access to their indices and electronic images of certain records. Proposed law further
provides for the adoption of rules permitting additional clerks of court to enroll as members
on a schedule which should include at least one enrollment period per fiscal year.
Proposed law provides for a seven-member board of commissioners, six of whom are
participating members of the LCRAA and one non-member to represent and be elected by
the La. Bankers Association. Further provides for the members to be elected by a majority
vote of the membership and further provides for the terms, vacancy, and officers of the
board.
Proposed law provides for the domicile of the authority to be East Baton Rouge Parish.
Proposed law provides for certain powers and duties of the LCRAA.
Proposed law requires the collection of a $5 fee per recording, of which $3 shall be remitted
to the LCRAA and $2 to be retained by the member to fund certain costs related to the
statewide portal and requires such fees to be remitted to the LCRAA by the 10th day of each
month following collection. A pro rata share of the fees may be paid to the members by the
LCRAA based upon public access.
Proposed law provides for the elimination of the $5 fee in the event the statewide portal is
not operational by Aug. 31, 2017. HLS 14RS-1120 REENGROSSED
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Proposed law provides for immunity for the LCRAA from suits arising from any acts or
omissions related to providing remote access unless the LCRAA was grossly negligent or
engaged in willful misconduct.
Proposed law prohibits the sale or posting of any records accessed through the statewide
portal on any public or private website or in any way redistributed to any third party by a
user and authorizes the LCRAA to deny remote access when necessary to ensure
compliance.
Proposed law authorizes data from records accessed by secure remote access may be
included in products or services provided to a third party provided compliance with the
following:
(1)Records used to compile the data is not made available to the general public.
(2)The third party maintains administrative, technical, and security safeguards to protect
integrity and limited access of the records.
(3)The third party discloses that he is not the official custodian of the records used to
compile the data.
Effective upon signature of governor or lapse of gubernatorial action.
(Adds R.S. 13:754)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed the board membership from five members to seven members.
2. Required one of the seven board members to be a non-member of the LCRAA
and to represent and be elected by the La. Bankers Association.
3. Added a provision to eliminate the additional $5 recording fee if the statewide
portal is not operational by Aug. 31, 2017.
4. Made technical changes to clarify the difference between user and third-party
user.