2017 Regular Session ENROLLED
SENATE BILL NO. 236
BY SENATOR LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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:
30 (i) Indexing of all documents filed for record for up to ten names.
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1 (ii) One certified copy of the recorded document or e-certification of
2 document.
3 (g) Notwithstanding any other provision of law to the contrary, there
4 shall be a fee of fifty dollars for the recordation of an act or affidavit to cancel
5 a single mortgage, lien, or privilege.
6 (h) If a document is to be recorded and filed in both the mortgage and
7 conveyance records, the fees provided in this Section shall be assessed
8 separately for recording in the mortgage records and in the conveyance records.
9 (i) Documents to be recorded may be either on eight-and-one-half-inch-
10 by-eleven-inch paper or on eight-and-one-half-inch-by-fourteen-inch paper and
11 the recording fees set forth in this Section shall be the same regardless of which
12 size paper is used. For any other size paper, there shall be an additional fee of
13 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
30 dollars.
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1 B.(1) The funds derived by the clerk of court in the parish of Calcasieu from
2 that portion of the fees collectable pursuant to this Subsection above the amount of
3 such fees collectable at the rates provided by R.S. 13:844 prior to the amendment
4 thereof at the 1981 Regular Session of the Legislature shall be expended exclusively
5 for the payment of salaries of deputy clerks of court in that parish. As used in this
6 Section, a "document" is defined as those pages presented together for filing or
7 recording, inclusive of the act, together with exhibits, riders, or additional
8 documents attached thereto, including but not limited to powers of attorney,
9 property description exhibits, tax certificates and researches, mortgage
10 certificates, resolutions, certificates, and surveys.
11 (2) Every document filed for recordation shall be captioned as to type of
12 act on the first page, and shall have on the first page a margin of two inches at
13 the top and one inch at the bottom and sides. The type size shall not be less than
14 eight point.
15 C. In addition to the above charges, the clerks of court as ex officio notaries
16 public may make a reasonable charge for drawing deeds, mortgages, chattel
17 mortgages, liens, or other similar instruments.
18 D. (1) For purposes of establishing the filing and recording fee, every
19 document filed for recordation shall be captioned as to type of act on the first page,
20 and shall have on the first page a margin of two inches at the top, and one inch at the
21 bottom and sides. The type size shall not be less than eight point.
22 (2) For any document not in compliance with Paragraph (1) above, there shall
23 be an additional ten-dollar noncompliance fee per document.
24 E. In addition to the fees provided in Subsection A of this Section, the clerk
25 of the Twenty-Fourth Judicial District for the parish of Jefferson may demand and
26 receive additional fees in an amount not to exceed twenty-five percent of the fees
27 specified in Subsection A of this Section. The funds so derived by the clerk shall be
28 expended exclusively for the payment of salaries of deputy clerks of court in that
29 parish.
30 Section 3. R.S. 44:40(A), (B), (C), and (E), 116 (A) and (B), and 161 are hereby
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1 amended and reenacted to read as follows:
2 §40. Additional copies of records by microphotographic process; purchase of
3 equipment; funds available for payment; copies of suit records
4 A. The several clerks of court and ex officio recorders and registers of
5 conveyances and recorders of mortgages, throughout the state, are hereby authorized
6 at their option to make additional copies, by any means of the microphotographic
7 process, of all original acts and/or records thereof, including criminal records
8 authorized by R.S. 44:116, of every nature and kind in their custody by virtue of
9 their various official capacities as such clerks of court and ex officio recorders and
10 registers of conveyances and recorders of mortgages, filed or recorded in their
11 offices prior to July 29, 1964, and subsequent thereto.
12 B. Such clerks of court and ex officio recorders and registers are hereby
13 authorized to purchase the necessary microphotographic equipment and equipment
14 used to retrieve from storage microfilm copies for photorecording, photocopying,
15 microfilming, or electronic imaging, to lease such equipment or to contract with
16 competent independent contractors, or both, according to the discretion of said the
17 clerks of court and ex officio recorders and registers, to cause the records described
18 in this section Section to be copied and reproduced by means of the
19 microphotographic process.
20 C. Each such clerk of court and ex officio recorder and register is hereby
21 authorized to defray the cost of copying, reproducing, and retrieving the records
22 described in this section, including the cost of microphotographic and retrieval
23 equipment and services, Section out of any funds available in the clerk's salary fund.
24 * * *
25 E. The Notwithstanding the provisions of Subsection A of this Section or
26 any other provision of law to the contrary, prior to destroying the original
27 criminal records and any other records of every nature and kind that are
28 deemed permanent under a record retention and disposal schedule adopted by
29 the secretary of state and the clerks of court in accordance with R.S. 44:410 and
30 411, the destruction of which is authorized by R.S. 13:917, the several clerks of
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1 court, including the clerks of the Criminal or Civil District Courts for the parish of
2 Orleans, shall make and retain in their custody, by means of the microphotographic
3 process, a copy of all original criminal and civil records of every nature and kind,
4 which are deemed permanent under a record retention and disposal schedule adopted
5 by the secretary of state and the clerks of court in accordance with R.S. 44:410 and
6 411. The clerks of court may then destroy the original criminal records and any other
7 records, the destruction of which is authorized by R.S. 13:917, which have been so
8 copied and retained a copy of such records electronically on nonrewritable
9 magnetic, optical, or laser-type storage media, including but not limited to
10 CD-ROM. No cause of action for any claim shall exist against a clerk of court
11 for any damage or loss resulting from the destruction of an original record after
12 proper preservation of the record in accordance herewith. However, all records
13 in suits affecting records relating to immovable property, or adoption, interdiction,
14 successions, trusts, or emancipation created prior to 1922 shall be retained in their
15 original form.
16 * * *
17 §116. Photostatic, photographic, microfilm, or other photographic or electronic
18 copies of records; indexes of conveyance and mortgage records;
19 disposition; evidentiary status; preservation
20 A. In all cases where the clerks of court and recorders of the various parishes
21 throughout the state, Orleans Parish excepted, are required by law to make records
22 of filings, documents, pleadings, and all other written instruments, except including
23 indexes, and registers of the same, such records may be made by any method of
24 photorecording, photocopying, microfilming, or other photographic method of
25 reproduction or electronically on non-rewritable magnetic, optical, or laser type
26 laser-type storage media, including but not limited to CD-ROM. However, the film
27 stock used in making photographic or microphotographic copies and the processing
28 of the copies shall comply with the standards of the American National Standard
29 Standards Institute for permanent record photographic microcopying film and the
30 electronic media used shall comply with the standards of the International Standards
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1 Organization for electronic storage of records.
2 B. Whenever recordation by means of photorecording, photocopying,
3 microfilming, or other photographic method of reproduction is used or when
4 electronic recordation on non-rewritable magnetic, optical, or laser type laser-type
5 storage media is used, any requirement expressed or implied in law for the above-
6 mentioned records, other than including indexes and registers of the same, to be
7 maintained in a book or bound volume shall be satisfied by the appropriate storage
8 unit of microfilm or other photographic method employed, or tape or disk; however,
9 the originals of conveyances, probate, mortgage, and other permanent records
10 required by existing law to be kept for all time shall continue to be maintained in a
11 book or bound volume and shall remain subject to if a clerk of court elects to
12 record by means of microfilming or other photographic method of
13 reproduction, or electronically, he shall have copies of the films, tapes, or disks
14 available for inspection, examination, and copying under the provisions of R.S.
15 44:31 et seq., and other applicable laws.
16 * * *
17 §161. Double index; form and contents
18 Recorders shall keep indexes, both direct and inverse, to all acts filed for
19 record in their respective offices which indexes shall contain, in alphabetical order,
20 references to the names of the parties to the acts, to the file number assigned on
21 recordation to the day, month, and year in which they are recorded, and to the book
22 and page in which they are recorded. In addition to these requirements, all
23 recorders shall adopt and adhere to any indexing standards that have been
24 promulgated by the Louisiana Clerks' Remote Access Authority, as provided
25 for in R.S. 13:754.
26 Section 4. Civil Code Article 3352(C) is hereby amended and reenacted to read as
27 follows:
28 Art. 3352. Recorded acts; required information
29 * * *
30 C. The recorder shall only display display only the last four digits of the
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1 social security numbers or taxpayer identification numbers listed on instruments
2 that his office makes available for viewing on the Internet.
3 Section 5. Code of Civil Procedure Article 258(A) is hereby amended and reenacted
4 and Code of Civil Procedure Articles 258(D) and 259 are hereby enacted to read as follows:
5 Art. 258. Electronic filing and recording of written instruments
6 A. Notwithstanding any provision of law to the contrary, a clerk of court, as
7 ex officio recorder, the Orleans Parish register of conveyances, or its successor, or
8 the Orleans Parish recorder of mortgages or its successor, hereinafter referred to as
9 "recorder," is authorized but not required to adopt and implement a published plan
10 which shall include a written contract between the clerk of court, the Orleans Parish
11 register of conveyances, or its successor, or the Orleans Parish recorder of
12 mortgages, or its successor, and the filer, which complies with the Louisiana
13 Uniform Electronic Transactions Act, R.S. 9:2601 et seq., and which provides for the
14 acceptance of an electronic record of any recordable written instrument except
15 original maps, plats, property descriptions, or photographs as related to the work of
16 a professional surveyor engaged in the "Practice of Land Surveying" as defined in
17 R.S. 37:682 for filing and recording submitted by any person, department, political
18 subdivision, agency, branch, entity, or instrumentality of Louisiana or of the federal
19 government or of a state-chartered or federally chartered financial institution insured
20 by the Federal Deposit Insurance Corporation or the National Credit Union
21 Administration. The filer of such an electronic record shall certify to the recorder
22 that the written instrument from which the electronic record is taken conforms to all
23 applicable laws relating to the form and content of instruments which are submitted
24 in writing.
25 * * *
26 D. On or before January 1, 2022, each clerk of court, including the
27 Orleans Parish register of conveyances or its successor and the Orleans Parish
28 recorder of mortgages or its successor, shall adopt and implement a plan for
29 recording electronic documents in accordance with Paragraph A of this Article.
30 Art. 259. Liability of clerk of court
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1 The clerk of court shall not be liable for any damages caused by any
2 third party to any information included in pleadings or documents filed of
3 record by the clerk of court.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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