HLS 20RS-878 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 404
BY REPRESENTATIVE FARNUM
CLERKS OF COURT: Provides relative to clerks of court
1 AN ACT
2To amend and reenact R.S. 1:55(E)(2) and R.S. 13:754(E)(8) and to enact R.S.
3 13:754(E)(13), relative to emergency closings for clerks of court; to provide relative
4 to the Louisiana Clerks' Remote Access Authority; to require certain statements
5 regarding closure of the office of the clerk; to provide for an electronic bulletin board
6 on the statewide portal; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 1:55(E)(2) is hereby amended and reenacted to read as follows:
9 §55. Days of public rest, legal holidays, and half-holidays
10 * * *
11 E.
12 * * *
13 (2) If an emergency situation develops which, in the judgment of the clerk
14 of court, renders it hazardous or otherwise unsafe for employees of the office of the
15 clerk to continue in the performance of their official duties or for the general public
16 to conduct business with the clerk's office, the clerk, with prior approval from the
17 clerk's chief judge or other person authorized to exercise his authority, may order the
18 closing of his office for the duration of the hazardous or unsafe condition. No such
19 closure shall be effective nor shall such period of closing be considered a legal
20 holiday unless prior written approval or written confirmation from such chief judge
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-878 ORIGINAL
HB NO. 404
1 or person acting on his behalf is received by the clerk of court. When the office is
2 reopened, the clerk shall have published as soon as possible a legal notice in all of
3 the official parish journals of the parishes within the district setting forth the dates
4 of closure, the hour of closure if applicable, the reasons for closure, and a statement
5 that, pursuant to Paragraph (3) of this Subsection, these days or parts of days were
6 legal holidays. The clerk shall attach a similar statement setting forth the dates of
7 closure, the hour of closure if applicable, the reasons for closure, and a statement
8 that, pursuant to Paragraph (3) of this Subsection, these days or parts of days were
9 legal holidays to every document, petition, or pleading filed in the office of the clerk
10 on the first day or part of a day his office is open after being closed under the
11 provisions of this Paragraph, whenever the petition or document relates to a cause
12 of action, right of appeal, or other matter against which prescription could have run
13 or time periods imposed by law could have expired.
14 * * *
15 Section 2. R.S. 13:754(E)(8) is hereby amended and reenacted and R.S.
1613:754(E)(13) is hereby enacted to read as follows:
17 §754. Louisiana Clerks' Remote Access Authority; membership; board of
18 commission; statewide portal of records
19 * * *
20 E. The LCRAA, acting through its board, shall have the following powers
21 and duties:
22 * * *
23 (8) To establish user fees for remote access services provided through the
24 statewide portal. The fees shall be sufficient to recover administrative and
25 operational expenses. Administrative and operational expenses shall include but not
26 be limited to hardware, computer support, maintenance, enhancements, upgrades,
27 and replacement of information technology equipment, including software and
28 conversion services, preserving, maintaining, and enhancing records including the
29 costs of repairs, maintenance, consulting services, service contracts, redaction of
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HB NO. 404
1 confidential information from records, system replacements or upgrades, and
2 improving public access to records.
3 * * *
4 (13) To establish and administer an electronic bulletin board on the statewide
5 portal for participants to display and archive copies of public notices including but
6 not limited to notices of emergency closures required by R.S. 1:55(E)(2)(a). LCRAA
7 may display and archive notices of other public or private entities on the statewide
8 portal in accordance with rules adopted by the board.
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 404 Original 2020 Regular Session Farnum
Abstract: Removes the requirement for the clerks of court to post legal notices in the
official parish journals of the parish in emergency situations and allows the LCRAA
to establish and administer an electronic bulletin board to display public notices.
Present law provides that in an emergency situation, once the office of the clerk of court is
open, the clerk must publish a legal notice as soon as possible in all of the official parish
journals of the parishes within the district setting forth the dates of closure, the hour of
closure if applicable, the reasons for closure, and a statement that these days or parts of days
were legal holidays.
Proposed law retains present law but removes the requirement for the clerks to publish a
legal notice in all of the official parish journals of the parishes within the district when an
emergency situation develops.
Present law also provides that LCRAA, acting through its board, shall have the power to
establish user fees for remote access through the statewide portal.
Proposed law retains present law but changes from the power to establish user fees for
remote access to having the power to establish user fees for services provided.
Proposed law authorizes the LCRAA to establish and administer an electronic bulletin board
on the statewide portal for participants to display and archive copies of public notices,
including but not limited to notices of emergency closures required by R.S. 1:55(E)(2)(a).
(Amends R.S. 1:55(E)(2) and R.S. 13:754(E)(8); Adds R.S. 13:754(E)(13))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.