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Prepared by Kari B. Couvillon.
Arnold HB No. 888
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CLERKS OF COURT. Creates a statewide portal for secure remote access to certain
records maintained by district clerks of court.
DIGEST
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, consisting of the
following members: five commissioners to be elected by the LCRAA from the LCRAA
membership; one commissioner to be designated by the Louisiana Bankers Association
(LBA); and one commissioner to be designated by the Louisiana Land Title Association
(LLTA) or the Louisiana Association of Independent Land Title Agents (LAILTA). Further
provides that the commissioner from each association shall serve for a one-year term,
alternating between the two associations. Further provides the designee of the LAILTA shall
serve as the initial commissioner with the term beginning July 1, 2014, and ending June 30,
2015. The term for the designee of the LLTA shall begin on July 1, 2015, and end on June
30, 2016.
Proposed law provides that members elected by the LCRAA and elected by the LBA shall
serve two-year terms.
Proposed law provides that any expired term or vacancy on the board of LCRAA shall be
filled in the same manner as the original appointment.
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. Page 2 of 2
Prepared by Kari B. Couvillon.
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the reengrossed
bill
1. Changes the composition of the board membership to include five commissioners
to be elected by the LCRAA from the LCRAA membership; one commissioner
to be designated by the Louisiana Bankers Association (LBA); and one
commissioner to be designated by the Louisiana Land Title Association (LLTA)
or the Louisiana Association of Independent Land Title Agents (LAILTA).
2. Specifies length of membership for the commissioners from the LLTA and
LAILTA as one-year, alternating between the two associations, and beginning
with the designee from LAILTA as the initial commissioner.
3. Specifies that an expired term or vacancy on the LCRAA board shall be filled in
the same manner as the original appointment.
4. Specifies that if the statewide portal is not operational by August 31, 2017, the
additional $5 fee shall cease to be collected.