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 Jerry G.
Jones.
DIGEST
SB 236 Engrossed 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 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 $10 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 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
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 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 also provides except as otherwise required by law or court order, a pleading, motion,
or other document filed or recorded with the clerk of court that includes a social security number,
taxpayer-identification number, financial account number, birth date, or the name of a person known
to be a minor, shall specify only:
(1)The last four digits of the social security number, taxpayer identification number, or financial
account number.
(2)The year of the person's birth.
(3)The initials of the minor.
Further provides that the failure to comply with the proposed law shall not affect the validity of what
is filed or recorded, or provide a basis for the clerk of court to refuse to accept it. Also provides that
the clerk of court shall not be liable for loss or damages resulting from the filing or recording of a
pleading, motion or other document that fails to comply with the proposed law.
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)
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.