ENROLLED
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ACT No. 826
Regular Session, 2014
HOUSE BILL NO. 888
BY REPRESENTATIVE ARNOLD
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; to provide for8
indemnification and exculpation; and to provide for related 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
C. The LCRAA shall be composed of members who are district clerks of20
court who enroll on or before September 1, 2014, to provide the LCRAA with secure21
remote access to indices and electronic images of certain records maintained by each22 ENROLLEDHB NO. 888
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district clerk of court. LCRAA shall adopt rules permitting additional district clerks1
of court to enroll as members of LCRAA on a schedule which shall include at least2
one enrollment period per fiscal year.3
D.(1) The LCRAA shall be governed by a seven-member board of4
commissioners, referred to in this Section as the "board", and consists of the5
following members:6
(a) Five commissioners to be elected by the LCRAA from the LCRAA7
membership.8
(b) One commissioner to be designated by the Louisiana Bankers9
Association (LBA).10
(c) One commissioner to be designated by the Louisiana Land Title11
Association (LLTA) or the Louisiana Association of Independent Land Title Agents12
(LAILTA). The commissioners from each association shall serve for a one-year13
term, alternating between the two associations. The designee of the LAILTA shall14
serve as the initial commissioner with the term beginning July 1, 2014, and ending15
June 30, 2015. The term for the designee of the LLTA shall begin on July 1, 2015,16
and end on June 30, 2016.17
(2)(a) Board members elected by the LCRAA and elected by the LBA shall18
serve two-year terms. The initial term shall begin on July 1, 2014, and shall end on19
June 30, 2016.20
(b) Board members shall be eligible for election to succeeding terms without21
limit.22
(c) Any expired term or vacancy on the board of LCRAA shall be filled in23
the same manner as the original appointment.24
(3) The board shall elect from its members a chair, a vice chair, a secretary,25
a treasurer and such other officers as it may deem necessary. The duties of the26
officers shall be fixed by the by-laws adopted by LCRAA.27
(4) The members of the board shall serve without compensation but shall be28
reimbursed for their reasonable expenses directly related to the governance of29
LCRAA.30 ENROLLEDHB NO. 888
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(5) The domicile of LCRAA shall be in East Baton Rouge Parish.1
E. The LCRAA, acting through its board, shall have the following powers2
and duties:3
(1) To design, construct, administer, and maintain a statewide portal for4
remote access of certain electronic images of certain records maintained by5
members.6
(2) To adopt such rules and regulations as it deems necessary or advisable7
for conducting its business affairs including but not limited to developing indexing8
standards.9
(3) To receive and expend funds collected pursuant to this Section and in10
accordance with a budget adopted by LCRAA.11
(4) To enter into contracts with individuals or entities, private or public.12
(5) To provide such services and make such expenditures as LCRAA deems13
proper for the establishment and maintenance of a statewide portal.14
(6) To acquire or lease equipment, supplies, office space, and storage space15
which LCRAA deems necessary for the achievement of the purposes of this Section.16
(7) To perform any function or activity necessary or appropriate to carry out17
the purposes of this Section.18
(8) To establish user fees for remote access through the statewide portal.19
The fees shall be sufficient to recover administrative and operational expenses.20
Administrative and operational expenses shall include but not be limited to hardware,21
computer support, maintenance, enhancements, upgrades, and replacement of22
information technology equipment, including software and conversion services,23
preserving, maintaining, and enhancing records including the costs of repairs,24
maintenance, consulting services, service contracts, redaction of confidential25
information from records, system replacements or upgrades, and improving public26
access to records.27
(9) To accept any type of payment approved by LCRAA including but not28
limited to credit cards, electronic fund transfers, or escrowed funds.29 ENROLLEDHB NO. 888
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(10) To establish and administer a grant program for assisting members with1
acquiring hardware and software for the conversion of records to increase the records2
made available through the statewide portal.3
(11) To solicit and accept additional contributions and grants to further the4
purposes of LCRAA.5
(12) To sue and be sued.6
F.(1) Beginning September 1, 2014, members of LCRAA shall collect a fee7
of five dollars per recording of which three dollars shall be remitted to the LCRAA8
and two dollars shall be retained by the member to fund costs related to participation9
in the statewide portal, including but not limited to acquiring hardware and software10
and providing document preservation. The fees shall be remitted to LCRAA by the11
tenth day of the month following collection. LCRAA shall use the fees received12
solely for the purposes set forth in this Subsection.13
(2) Any user fee received by LCRAA shall be used for administering and14
maintaining the statewide portal and a prorated share, as determined by LCRAA,15
may be paid to members based upon the public access to the records provided by the16
member.17
(3) If the statewide portal is not operational by August 31, 2017, the18
additional five dollar fee shall cease to be collected.19
G. LCRAA shall be immune from suits arising from any acts or omissions20
relating to providing remote access pursuant to the provisions of this Section unless21
the LCRAA was grossly negligent or engaged in willful misconduct. The provisions22
of this Subsection shall not be construed to limit, withdraw, or overturn any other23
applicable defense or immunity.24
H. Records accessed through the statewide portal shall not be sold or posted25
on any other public or private website or in any way redistributed to any third party26
by a user. LCRAA may deny remote access when necessary to ensure compliance27
with this Subsection. Data from records accessed by secure remote access may be28
included in products or services provided to a third party provided that all of the29
following occur:30 ENROLLEDHB NO. 888
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(1) The records used to compile the data are not made available to the1
general public.2
(2) The third party maintains administrative, technical, and security3
safeguards to protect integrity and limited access of the records.4
(3) The third party discloses that he is not the official custodian of the5
records used to compile the data.6
I. Indemnification and exculpation.7
(1) The LCRAA shall indemnify its officers and board members to the8
fullest extent permitted by law.9
(2) No board member, employee or officer of the authority shall be liable to10
the authority or to any individual or entity who conducts business with the authority11
for monetary damages, for breach of his duties as a board member, employee or12
officer, provided that this provision shall not eliminate or limit the liability of a board13
member, employee or officer for any of the following:14
(a) Acts or omissions not in good faith or which involve intentional15
misconduct or a knowing violation of law.16
(b) Any transaction from which he or she derived an improper personal17
benefit.18
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S.19
9:2792.1 through 2792.9, a person serving as a board member, employee or officer20
shall not be individually liable for any act or omission arising out of the performance21
of his duties.22 ENROLLEDHB NO. 888
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: