HLS 16RS-3503 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 1163 (Substitute for House Bill No. 720 by Representative Garofalo)
BY REPRESENTATIVE GAROFALO
CLERKS OF COURT: Provides relative to clerks of court as ex officio recorders
1 AN ACT
2To amend and reenact R.S. 13:844(D)(2), relative to clerks of courts; to provide for
3 recordation requirements; to provide relative to noncompliance of recordation
4 requirements; to remove noncompliance fees; to impose certain restrictions; to
5 provide relative to the effect of recordation of certain instruments; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:844(D)(2) is hereby amended and reenacted to read as follows:
9 ยง844. Fees of ex officio recorders
10 * * *
11 D.
12 * * *
13 (2) For any document not in compliance with Paragraph (1), there shall be
14 an additional ten-dollar noncompliance fee per document. Clerks of the district
15 courts as ex officio recorders shall not refuse to record an instrument because it does
16 not comply with Paragraph (1) of this Subsection. Noncompliance with the
17 provisions of Paragraph (1) of this Subsection shall not impair the validity of an
18 instrument or the effect given to its recordation.
19 * * *
20 Section 2. The provisions of this Act shall become effective on October 1, 2016.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-3503 ENGROSSED
HB NO. 1163
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)]
HB 1163 Engrossed 2016 Regular Session Garofalo
Abstract: Prohibits clerks of district courts from refusing to record instruments for
noncompliance with recordation requirements and deletes the $10 noncompliance
fee.
Present law provides that every document filed for recordation shall be captioned with the
type of the act, a two-inch margin on the top, and a one-inch margin at the bottom and sides
on the first page, with no less than an 8-point font.
Present law provides that any document in noncompliance with present law shall be charged
a $10 noncompliance fee per document.
Proposed law deletes the present law noncompliance fee and prohibits clerks of district court
from refusing to record an instrument for noncompliance with the provisions of present law.
Proposed law further provides that documents in noncompliance with present law shall not
invalidate the instrument or the effect given to its recordation.
Effective October 1, 2016.
(Amends R.S. 13:844(D)(2))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.