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)]
CONFERENCE COMMI TTEE REPORT DIGEST
House Bill No. 888 by Representative Arnold
Keyword and oneliner of the instrument as it left the House
CLERKS OF COURT: Creates a statewide portal for secure remote access to certain records
maintained by district clerks of court
Report adopts Senate amendments to:
1. Change 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. Specify the 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. Specify that an expired term or vacancy on the LCRAA board shall be filled in the same
manner as the original appointment.
4. Specify that if the statewide portal is not operational by August 31, 2017, the additional
$5 fee shall cease to be collected.
5. Require the LCRAA to indemnify its officers and board members and prohibits any
member, employee, or officer from being held liable to the authority or to any individual
or entity who conducts business with the authority, with the exception for acts or
omissions performed in bad faith or that involve intentional misconduct or violations of
the law and for any transaction from which a personal benefit is derived.
6. Prohibit any person serving as a board member, employee, or officer from being held
individually liable for any act or omission arising out of the performance of his duties in
accordance with present law, regarding offenses and quasi offenses. 7. Authorize the authority to sue and be sued.
Report rejects Senate amendments which would have:
1. Terminated the authority for the LCRAA to collect fees as provided for in proposed law
on or after August 1, 2020.
Digest of the bill as proposed by the Conference Committee
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).
Proposed law provides that the commissioner from each association shall serve for a one-year
term, alternating between the two associations, with the designee of the LAILTA to 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.
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.
Proposed law provides for indemnification and exculpation for the board members, officers, and
employees and provides for exceptions.
Effective upon signature of governor or lapse of gubernatorial action.
(Adds R.S. 13:754)