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.
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.