SLS 17RS-339 REENGROSSED
2017 Regular Session
SENATE BILL NO. 236
BY SENATOR LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CLERKS OF COURT. Provides relative to clerks of court. (8/1/17) (2/3-CA7s2.1(A))
1 AN ACT
2 To amend and reenact R.S. 9:5217, R.S. 13:844, R.S. 44:40(A), (B), (C), and (E), 116(A)
3 and (B), and 161, Civil Code Art. 3352(C), and Code of Civil Procedure Art. 258(A),
4 and to enact Code of Civil Procedure Arts. 258(D) and 259, relative to clerks of
5 court; to provide for fees for services rendered; to provide standards for documents
6 to be recorded; to provide alternate means to maintain copies of recorded documents;
7 to provide indexing standards; to require plans for recording electronic documents;
8 to provide relative to redaction and contents of certain personal information in filings
9 and recordings; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 9:5217 is hereby amended and reenacted to read as follows:
12 §5217. Recorder's fees for multiple indebtedness mortgages; form
13 A. The uniform filing fee that a recorder in any parish of this state is
14 authorized to charge for the filing and recordation of a multiple indebtedness
15 mortgage executed in accordance with Civil Code Article 3298 is twenty-five
16 dollars, plus ten dollars for each subsequent page, and five dollars for each name
17 after the first name that is required to be indexed as set forth in R.S. 13:844.
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1 Notwithstanding the provisions of R.S. 13:844, R.S. 44:234, or any similar provision
2 or any other law to the contrary, the provisions of this Section establish the sole and
3 exclusive method of determining the filing and recordation fee for a multiple
4 indebtedness mortgage executed in accordance with Civil Code Article 3298,
5 regardless of the length of such mortgage.
6 B. For purposes of establishing the recordation fee, every multiple
7 indebtedness mortgage filed for recordation shall be captioned as a "multiple
8 indebtedness mortgage" or "multiple obligations mortgage" on the first page, and
9 shall have on the first page a margin of two inches at the top and one inch at the
10 bottom and on each side, and all subsequent pages shall have a margin requirement
11 of one inch on all sides. In addition, the type size shall be not less than eight point.
12 C. For any document not in compliance with the requirements of Subsection
13 B there shall be an additional noncompliance fee of ten dollars per document.
14 Section 2. R.S. 13:844 is hereby amended and reenacted to read as follows:
15 §844. Fees of ex officio recorders
16 A.(1) Clerks of the district courts as ex officio recorders may shall charge the
17 following fees for filing and recording documents:
18 (1) For filing and recording any document, twenty-five dollars per book for
19 the first page and ten dollars for each subsequent page per book up to ten pages. All
20 documents that exceed ten pages, twenty-five dollars for the first page and eight
21 dollars for each subsequent page.
22 (a) For one to five page documents, one hundred dollars.
23 (b) For six to twenty-five page documents, two hundred dollars.
24 (c) For twenty-six to fifty page documents, three hundred dollars.
25 (d) For documents in excess of fifty pages, three hundred dollars for first
26 fifty pages and five dollars for each subsequent page.
27 (e) For indexing of all documents filed for record for each name after the
28 tenth name that is required to be indexed, five dollars per name.
29 (f) The above set forth fees shall be inclusive of the following:
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1 (i) Indexing of all documents filed for record for up to ten names.
2 (ii) One certified copy of the recorded document or e-certification of
3 document.
4 (g) Notwithstanding any other provision of law to the contrary, there
5 shall be a fee of fifty dollars for the recordation of an act or affidavit to cancel
6 a single mortgage, lien, or privilege.
7 (h) If a document is to be recorded and filed in both the mortgage and
8 conveyance records, the fees provided in this Section shall be assessed
9 separately for recording in the mortgage records and in the conveyance records.
10 (i) Documents to be recorded may be either letter-size paper (8.5 x 11
11 inches) or legal-size paper (8.5 x 14 inches) and the recording fees set forth in
12 this Section shall be the same regardless of which size paper is used. For any
13 other size paper, there shall be an additional fee of twenty dollars per page.
14 (2) For indexing of all documents filed for record for each name after the first
15 name that is required to be indexed, five dollars per name.
16 (3) For notarizing acknowledgments of acts executed under private signature,
17 with seal and certificate, five ten dollars.
18 (4)(3) For certificate of real estate mortgage and lien certificate with seal, for
19 each name in which search is made, and for one definable property only, twenty
20 dollars for the first name and ten dollars for each additional name. There shall be an
21 additional charge of one dollar per exception in the event that more than ten
22 exceptions are contained on a certificate.
23 (5)(4) For canceling real estate mortgage, with original note, ten dollars.
24 (6)(5) For making copies of all official documents, no more than two dollars
25 per page.
26 (7)(6) For Except as provided in R.S. 13:844(A)(1)(f)(ii), for attesting any
27 record or copy thereof, five ten dollars. For a file-stamped conformed copy, five
28 dollars.
29 (8) For canceling of lien for paving or installation of sewerage system, ten
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1 dollars.
2 B.(1) The funds derived by the clerk of court in the parish of Calcasieu from
3 that portion of the fees collectable pursuant to this Subsection above the amount of
4 such fees collectable at the rates provided by R.S. 13:844 prior to the amendment
5 thereof at the 1981 Regular Session of the Legislature shall be expended exclusively
6 for the payment of salaries of deputy clerks of court in that parish. As used in this
7 Section, a "document" is defined as those pages presented together for filing or
8 recording, inclusive of the act, together with exhibits, riders, or additional
9 documents attached thereto, including but not limited to powers of attorney,
10 property description exhibits, tax certificates and researches, mortgage
11 certificates, resolutions, certificates and surveys.
12 (2) Every document filed for recordation shall be captioned as to type of
13 act on the first page, and shall have on the first page a margin of two inches at
14 the top and one inch at the bottom and sides. The type size shall not be less than
15 eight point.
16 C. In addition to the above charges, the clerks of court as ex officio notaries
17 public may make a reasonable charge for drawing deeds, mortgages, chattel
18 mortgages, liens or other similar instruments.
19 D. (1) For purposes of establishing the filing and recording fee, every
20 document filed for recordation shall be captioned as to type of act on the first page,
21 and shall have on the first page a margin of two inches at the top, and one inch at the
22 bottom and sides. The type size shall not be less than eight point.
23 (2) For any document not in compliance with Paragraph (1) above, there shall
24 be an additional ten-dollar noncompliance fee per document.
25 E. In addition to the fees provided in Subsection A of this Section, the clerk
26 of the Twenty-Fourth Judicial District for the parish of Jefferson may demand and
27 receive additional fees in an amount not to exceed twenty-five percent of the fees
28 specified in Subsection A of this Section. The funds so derived by the clerk shall be
29 expended exclusively for the payment of salaries of deputy clerks of court in that
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1 parish.
2 Section 3. R.S. 44:40(A), (B), (C), and (E), 116 (A) and (B), and 161 are hereby
3 amended and reenacted to read as follows:
4 §40. Additional copies of records by microphotographic process; purchase of
5 equipment; funds available for payment; copies of suit records
6 A. The several clerks of court and ex officio recorders and registers of
7 conveyances and recorders of mortgages, throughout the state, are hereby authorized
8 at their option to make additional copies, by any means of the microphotographic
9 process, of all original acts and/or records thereof, including criminal records
10 authorized by R.S. 44:116, of every nature and kind in their custody by virtue of
11 their various official capacities as such clerks of court and ex officio recorders and
12 registers of conveyances and recorders of mortgages, filed or recorded in their
13 offices prior to July 29, 1964, and subsequent thereto.
14 B. Such clerks of court and ex officio recorders and registers are hereby
15 authorized to purchase the necessary microphotographic equipment and equipment
16 used to retrieve from storage microfilm copies for photorecording, photocopying,
17 microfilming, or electronic imaging, to lease such equipment or to contract with
18 competent independent contractors, or both, according to the discretion of said the
19 clerks of court and ex officio recorders and registers, to cause the records described
20 in this section Section to be copied and reproduced by means of the
21 microphotographic process.
22 C. Each such clerk of court and ex officio recorder and register is hereby
23 authorized to defray the cost of copying, reproducing, and retrieving the records
24 described in this section, including the cost of microphotographic and retrieval
25 equipment and services, Section out of any funds available in the clerk's salary fund.
26 * * *
27 E. The Notwithstanding the provisions of Subsection A of this Section or
28 any other provision of law to the contrary, prior to destroying the original
29 criminal records and any other records of every nature and kind that are
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1 deemed permanent under a record retention and disposal schedule adopted by
2 the secretary of state and the clerks of court in accordance with R.S. 44:410 and
3 411, the destruction of which is authorized by R.S. 13:917, the several clerks of
4 court, including the clerks of the Criminal or Civil District Courts for the parish of
5 Orleans, shall make and retain in their custody, by means of the microphotographic
6 process, a copy of all original criminal and civil records of every nature and kind,
7 which are deemed permanent under a record retention and disposal schedule adopted
8 by the secretary of state and the clerks of court in accordance with R.S. 44:410 and
9 411. The clerks of court may then destroy the original criminal records and any other
10 records, the destruction of which is authorized by R.S. 13:917, which have been so
11 copied and retained a copy of such records electronically on nonrewritable
12 magnetic, optical, or laser-type storage media, including but not limited to
13 CD-ROM. No cause of action for any claim shall exist against a clerk of court
14 for any damage or loss resulting from the destruction of an original record after
15 proper preservation of the record in accordance herewith. However, all records
16 in suits affecting records relating to immovable property, or adoption, interdiction,
17 successions, trusts, or emancipation created prior to 1922 shall be retained in their
18 original form.
19 * * *
20 §116. Photostatic, photographic, microfilm, or other photographic or electronic
21 copies of records; indexes of conveyance and mortgage records;
22 disposition; evidentiary status; preservation
23 A. In all cases where the clerks of court and recorders of the various parishes
24 throughout the state, Orleans Parish excepted, are required by law to make records
25 of filings, documents, pleadings, and all other written instruments, except including
26 indexes, and registers of the same, such records may be made by any method of
27 photorecording, photocopying, microfilming, or other photographic method of
28 reproduction or electronically on non-rewritable magnetic, optical, or laser type
29 laser-type storage media, including but not limited to CD-ROM. However, the film
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1 stock used in making photographic or microphotographic copies and the processing
2 of the copies shall comply with the standards of the American National Standard
3 Institute for permanent record photographic microcopying film and the electronic
4 media used shall comply with the standards of the International Standards
5 Organization for electronic storage of records.
6 B. Whenever recordation by means of photorecording, photocopying,
7 microfilming, or other photographic method of reproduction is used or when
8 electronic recordation on non-rewritable magnetic, optical, or laser type laser-type
9 storage media is used, any requirement expressed or implied in law for the above-
10 mentioned records, other than including indexes and registers of the same, to be
11 maintained in a book or bound volume shall be satisfied by the appropriate storage
12 unit of microfilm or other photographic method employed, or tape or disk; however,
13 the originals of conveyances, probate, mortgage, and other permanent records
14 required by existing law to be kept for all time shall continue to be maintained in a
15 book or bound volume and shall remain subject to if a clerk of court elects to
16 record by means of microfilming or other photographic method of
17 reproduction, or electronically, he shall have copies of the films, tapes, or disks
18 available for inspection, examination and copying under the provisions of R.S.
19 44:31 et seq., and other applicable laws.
20 * * *
21 §161. Double index; form and contents
22 Recorders shall keep indexes, both direct and inverse, to all acts filed for
23 record in their respective offices which indexes shall contain, in alphabetical order,
24 references to the names of the parties to the acts, to the file number assigned on
25 recordation to the day, month, and year in which they are recorded, and to the book
26 and page in which they are recorded. In addition to these requirements, all
27 recorders shall adopt and adhere to any indexing standards that have been
28 promulgated by the Louisiana Clerks' Remote Access Authority, as provided
29 for in R.S. 13:754.
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SLS 17RS-339 REENGROSSED
1 Section 4. Civil Code Article 3352(C) is hereby amended and reenacted to read as
2 follows:
3 Art. 3352. Recorded acts; required information
4 * * *
5 C. The recorder shall only display display only the last four digits of the
6 social security numbers or taxpayer identification numbers listed on instruments
7 that his office makes available for viewing on the Internet.
8 Section 5. Code of Civil Procedure Article 258(A) is hereby amended and reenacted
9 and Code of Civil Procedure Articles 258(D) and 259 are hereby enacted to read as follows:
10 Art. 258. Electronic filing and recording of written instruments
11 A. Notwithstanding any provision of law to the contrary, a clerk of court, as
12 ex officio recorder, the Orleans Parish register of conveyances, or its successor, or
13 the Orleans Parish recorder of mortgages or its successor, hereinafter referred to as
14 "recorder," is authorized but not required to adopt and implement a published plan
15 which shall include a written contract between the clerk of court, the Orleans Parish
16 register of conveyances, or its successor, or the Orleans Parish recorder of
17 mortgages, or its successor, and the filer, which complies with the Louisiana
18 Uniform Electronic Transactions Act, R.S. 9:2601 et seq., and which provides for the
19 acceptance of an electronic record of any recordable written instrument except
20 original maps, plats, property descriptions, or photographs as related to the work of
21 a professional surveyor engaged in the "Practice of Land Surveying" as defined in
22 R.S. 37:682 for filing and recording submitted by any person, department, political
23 subdivision, agency, branch, entity, or instrumentality of Louisiana or of the federal
24 government or of a state-chartered or federally chartered financial institution insured
25 by the Federal Deposit Insurance Corporation or the National Credit Union
26 Administration. The filer of such an electronic record shall certify to the recorder
27 that the written instrument from which the electronic record is taken conforms to all
28 applicable laws relating to the form and content of instruments which are submitted
29 in writing.
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SLS 17RS-339 REENGROSSED
1 * * *
2 D. On or before January 1, 2022, each clerk of court, including the
3 Orleans Parish register of conveyances or its successor and the Orleans Parish
4 recorder of mortgages or its successor, shall adopt and implement a plan for
5 recording electronic documents in accordance with Paragraph A of this Article.
6 Art. 259. Liability of clerk of court
7 The clerk of court shall not be liable for any damages caused by any
8 third party to any information included in pleadings or documents filed of
9 record by the clerk of court.
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
SB 236 Reengrossed 2017 Regular Session LaFleur
Present law, relative to clerks of court, provides that the uniform filing fee that a recorder
may charge for the filing and recordation of a multiple indebtedness mortgage executed in
accordance with C.C. Art. 3298 is $25, plus $10 for each subsequent page, and $5 for each
name after the first name that is required to be indexed.
Proposed law provides that the uniform filing fee that a recorder may charge for the filing
and recordation of a multiple indebtedness mortgage executed in accordance with C.C. Art.
3298 is as set forth in proposed law (R.S. 13:844).
Present law provides that for purposes of establishing the recordation fee, every multiple
indebtedness mortgage filed for recordation shall be captioned as a "multiple indebtedness
mortgage" or "multiple obligations mortgage" on the first page, and shall have on the first
page a margin of two inches at the top and one inch at the bottom and on each side, and all
subsequent pages shall have a margin requirement of one inch on all sides. In addition, the
type size shall be not less than eight point. Further, for any document not in compliance with
these requirements there shall be an additional noncompliance fee of $10 per document.
Proposed law deletes present law.
Present law provides that recorders may charge the following fees:
(1)For filing and recording any document, $25 per book for the first page and $10 for
each subsequent page per book up to 10 pages. All documents that exceed 10 pages,
$25 for the first page and $8 for each subsequent page.
(2)For indexing of all documents filed for record for each name after the first name that
is required to be indexed, $5 per name.
(3)For notarizing acknowledgments of acts executed under private signature, with seal
and certificate, $5.
(4)For certificate of real estate mortgage and lien certificate with seal, for each name
in which search is made, and for one definable property only, $20 for the first name
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and $10 for each additional name. There shall be an additional charge of $1 per
exception in the event that more than 10 exceptions are contained on a certificate.
(5)For canceling real estate mortgage, with original note, $10.
(6)For making copies of all official documents, no more than $2 per page.
(7)For attesting any record or copy thereof, $5.
(8)For canceling of lien for paving or installation of sewerage system, $10.
Proposed law provides that recorders shall charge the following fees for filing and recording
documents:
(1)For one to five page documents, $100.
(2)For six to 25 page documents, $200.
(3)For 26 to 50 page documents, $300.
(4)For documents in excess of 50 pages, $300 for first 50 pages and $5 for each
subsequent page.
(5)For indexing of all documents filed for record for each name after the tenth name
that is required to be indexed, $5 per name.
(6)The above set forth fees (1) through (5) shall be inclusive of the following:
(a)Indexing of all documents filed for record for up to 10 names.
(b)One certified copy of the recorded document or e-certification of document.
(7)Notwithstanding any other provision of law to the contrary, there shall be a fee of
$50 for the recordation of an act or affidavit to cancel a single mortgage, lien, or
privilege.
(8)If a document is to be recorded and filed in both the mortgage and conveyance
records, the fees provided in proposed law shall be assessed separately for recording
in the mortgage records and in the conveyance records.
(9)Documents to be recorded may be either letter-size paper (8.5 x 11 inches) or
legal-size paper (8.5 x 14 inches) and the recording fees set forth in proposed law
shall be the same regardless of which size paper is used. For any other size paper,
there shall be an additional fee of $20 per page.
(10)For notarizing acknowledgments of acts executed under private signature, with seal
and certificate, $10.
(11)For certificate of real estate mortgage and lien certificate with seal, for each name
in which search is made, and for one definable property only, $20 for the first name
and $10 for each additional name. There shall be an additional charge of $1per
exception in the event that more than 10 exceptions are contained on a certificate.
(12)For canceling real estate mortgage, with original note, $10.
(13)For making copies of all official documents, no more than $2 per page.
(14)Except as otherwise provided in proposed law (R.S. 13:844(A)(1)(f)(ii)) for attesting
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any record or copy thereof, $10. For a file-stamped conformed copy, $5.
Proposed law defines "document" as those pages presented together for filing or recording,
inclusive of the act, together with exhibits, riders, or additional documents attached thereto,
including but not limited to powers of attorney, property description exhibits, tax certificates
and researches, mortgage certificates, resolutions, certificates and surveys. Requires that
every document filed for recordation shall be captioned as to type of act on the first page,
and shall have on the first page a margin of two inches at the top and one inch at the bottom
and sides. The type size shall not be less than eight point.
Present law provides that the funds derived by the clerk of court in the parish of Calcasieu
from that portion of the fees collectable pursuant to present law above the amount of such
fees collectable at the rates provided by R.S. 13:844 prior to the amendment thereof at the
1981 Regular Session of the Legislature shall be expended exclusively for the payment of
salaries of deputy clerks of court in that parish. Proposed law deletes present law.
Present law provides that in addition to the above charges, the clerks of court as ex officio
notaries public may make a reasonable charge for drawing deeds, mortgages, chattel
mortgages, liens or other similar instruments. Proposed law retains present law.
Present law, for purposes of establishing the filing and recording fee, provides that every
document filed for recordation shall be captioned as to type of act on the first page, and shall
have on the first page a margin of two inches at the top, and one inch at the bottom and sides.
The type size shall not be less than eight point. Provides that for any document not in
compliance with these requirements, there shall be an additional $10 noncompliance fee per
document.
Present law provides that in addition to the fees otherwise provided in present law, the clerk
of the 24th JDC for Jefferson Parish may demand and receive additional fees in an amount
not to exceed 25% of the fees specified in present law, such funds so derived to be expended
exclusively for the payment of salaries of deputy clerks of court in that parish. Proposed law
deletes present law.
Present law authorizes the clerks of court and ex officio recorders and registers of
conveyances and recorders of mortgages to make additional copies, by means of the
microphotographic process, of all original acts and/or records thereof, including criminal
records, of every nature and kind in their custody by virtue of their various official capacities
filed or recorded in their offices prior to July 29, 1964, and subsequent thereto. Proposed law
authorizes them to make additional copies by any means authorized by proposed law;
otherwise retains present law.
Present law authorizes such clerks of court and ex officio recorders and registers to purchase
the necessary microphotographic equipment and equipment used to retrieve from storage
microfilm copies, to lease such equipment or to contract with competent independent
contractors, or both, according to their discretion, to cause the records described in this
section to be copied and reproduced by means of the microphotographic process. Proposed
law authorizes them to purchase the necessary equipment for photorecording, photocopying,
microfilming, or electronic imaging, to lease such equipment or to contract with competent
independent contractors, or both, according to the discretion of said clerks of court and ex
officio recorders and registers, to cause such records to be copied and reproduced.
Present law authorizes each such clerk of court and ex officio recorder and register to defray
the cost of copying, reproducing and retrieving the records described in this section,
including the cost of microphotographic and retrieval equipment and services, out of any
funds available in the clerk's salary fund. Proposed law authorizes each such clerk of court
and ex officio recorder and register to defray the cost of copying, reproducing, and retrieving
the records described in present law out of any funds available in the clerk's salary fund
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Present law requires that the clerks of court, including the clerks of the Criminal or Civil
District Courts for the parish of Orleans, make and retain in their custody, by means of the
microphotographic process, a copy of all original criminal and civil records of every nature
and kind, which are deemed permanent under a record retention and disposal schedule
adopted by the secretary of state and the clerks of court in accordance with R.S. 44:410 and
411. Provides that the clerks of court may then destroy the original criminal records and any
other records, the destruction of which is authorized by R.S. 13:917, which have been so
copied and retained. However, all records in suits affecting records relating to immovable
property, or adoption, interdiction, successions, trusts, or emancipation created prior to 1922
shall be retained in their original form.
Proposed law requires that prior to destroying the original criminal records and any other
records of every nature and kind that are deemed permanent under a record retention and
disposal schedule adopted by the secretary of state and the clerks of court in accordance with
R.S. 44:410 and 411, the destruction of which is authorized by R.S. 13:917, the clerks of
court, including the clerks of the Criminal or Civil District Courts for the parish of Orleans,
make and retain in their custody a copy of such records electronically on non-rewritable
magnetic, optical or laser type storage media, including but not limited to CD-ROM.
Provides that no cause of action for any claim shall exist against a clerk of court for any
damage or loss resulting from the destruction of an original record after proper preservation
of the record in accordance herewith. However, all records in suits affecting records relating
to immovable property, or adoption, interdiction, successions, trusts, or emancipation created
prior to 1922 shall be retained in their original form.
Present law provides that in all cases where the clerks of court and recorders of the various
parishes throughout the state, Orleans Parish excepted, are required by law to make records
of filings, documents, pleadings, and all other written instruments, except indexes, and
registers of the same, such records may be made by any method of photorecording,
photocopying, microfilming, or other photographic method of reproduction or electronically
on non-rewritable magnetic, optical, or laser type storage media, including but not limited
to CD-ROM. However, the film stock used in making photographic or microphotographic
copies and the processing of the copies shall comply with the standards of the American
National Standard Institute for permanent record photographic microcopying film and the
electronic media used shall comply with the standards of the International Standards
Organization for electronic storage of records.
Proposed law specifically includes indexes and registers of the records; otherwise retains
present law.
Present law provides that whenever recordation by means of photorecording, photocopying,
microfilming, or other photographic method of reproduction is used or when electronic
recordation on non-rewritable magnetic, optical, or laser type storage media is used, any
requirement expressed or implied in law for the above-mentioned records, other than indexes
and registers of the same, to be maintained in a book or bound volume shall be satisfied by
the appropriate storage unit of microfilm or other photographic method employed, or tape
or disk; however, the originals of conveyances, probate, mortgage, and other permanent
records required by existing law to be kept for all time shall continue to be maintained in a
book or bound volume and shall remain subject to examination and copying under the
provisions of R.S. 44:31 et seq., and other applicable laws.
Proposed law specifically includes indexes and registers of the records and in lieu of
maintaining the original of permanent records required to be kept for all time in a book or
bound volume, if a clerk of court elects to record by means of microfilming or other
photographic method of reproduction, or electronically, he shall have copies of the films,
tapes, or disks available for inspection, examination, and copying under the provisions of
R.S. 44:31 et seq., and other applicable laws.
Present law requires recorders to keep indexes, both direct and inverse, to all acts filed for
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SLS 17RS-339 REENGROSSED
record in their respective offices which indexes shall contain, in alphabetical order,
references to the names of the parties to the acts, to the file number assigned on recordation
to the day, month, and year in which they are recorded, and to the book and page in which
they are recorded.
Proposed law retains present law and additionally requires that all recorders adopt and
adhere to any indexing standards that have been promulgated by the Louisiana Clerks'
Remote Access Authority.
Present law requires that the clerk of court and recorder only display the last four digits of
the social security numbers listed on instruments that his office makes available for viewing
on the Internet. Proposed law requires that the recorder only display the last four digits of
the social security numbers or taxpayer identification numbers listed on instruments that his
office makes available for viewing on the Internet.
Present law provides that a clerk of court, as ex officio recorder, the Orleans Parish register
of conveyances, or its successor, or the Orleans Parish recorder of mortgages or its
successor, hereinafter referred to as "recorder", is authorized but not required to adopt and
implement a published plan which shall include a written contract between the clerk of court,
the Orleans Parish register of conveyances, or its successor, or the Orleans Parish recorder
of mortgages, or its successor, and the filer, which complies with the Louisiana Uniform
Electronic Transactions Act, and which provides for the acceptance of an electronic record
of any recordable written instrument except original maps, plats, property descriptions, or
photographs as related to the work of a professional surveyor engaged in the "Practice of
Land Surveying" as defined in R.S. 37:682 for filing and recording submitted by any person,
department, political subdivision, agency, branch, entity, or instrumentality of Louisiana or
of the federal government or of a state-chartered or federally chartered financial institution
insured by the Federal Deposit Insurance Corporation or the National Credit Union
Administration. Requires that the filer of such an electronic record certify to the recorder that
the written instrument from which the electronic record is taken conforms to all applicable
laws relating to the form and content of instruments which are submitted in writing. Provides
that immediately after acceptance of an electronic record for filing, the recorder shall
endorse such record with the date, hour, and minute it is filed. An electronic filing received
on a legal holiday or at any time other than during the normal business hours of the recorder
shall be accepted for filing on the next business day by the same procedure followed when
a paper document is received in the mail of the recorder at any time other than during normal
business hours. Provides that an electronic record shall be effective with respect to a third
person from the time of its filing in the same manner as if the written instrument had been
filed.
Proposed law requires that on or before January 1, 2022, each clerk of court, including the
Orleans Parish register of conveyances or its successor and the Orleans Parish recorder of
mortgages or its successor, adopt and implement a plan for recording electronic documents
in accordance with proposed law.
Proposed law provides that clerks of court shall not be liable for any damages caused by any
third party to any information included in pleadings or documents accepted for filing by the
clerk of court.
Effective August 1, 2017.
(Amends R.S. 9:5217, R.S. 13:844, R.S. 44:40(A), (B), (C), and (E), 116(A) and (B), and
161, C.C. Art. 3352(C), and C.C.P. Art. 258(A); adds C.C.P. Arts. 258(D) and 259)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 236
SLS 17RS-339 REENGROSSED
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Change page amounts from 20 to 25 pages subject to $200 fee, and from 21
to 26 pages subject to $300 fee.
2. Added proposed law relative to redaction of certain personal information in
filings and recordings, and that clerk of court is not liable for loss or damages
from a filing or recording in violation of proposed law.
Senate Floor Amendments to engrossed bill
1. Reduces the amount that recorders may charge for subsequent pages of
documents in excess of 50 pages, from $10 to $5 for each subsequent page.
2. Removes redaction of certain personal information in filings and recordings
and any associated liability for failure to comply with such redaction from
the provisions of proposed law.
3. Adds provisions removing liability of clerks of court for any damages caused
by any third party to any information included in pleadings or documents
accepted for filing by the clerk of court.
4. Legislative Bureau technical amendments.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.