GREEN SHEET REDIGEST
HB 404 2020 Regular Session Farnum
CLERKS OF COURT: Provides relative to clerks of court
DIGEST
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 requires the Louisiana Clerks' Remote Access Authority (LCRAA) to provide
for infrastructure, governance, standard operating procedures, technology, and training to
support a statewide portal for secure remote access by internet users to certain records
maintained by LCRAA members and to provide for document preservation.
Proposed law retains present law and further requires the LCRAA to provide assistance to
its members in procuring, implementing, enhancing and maintaining equipment, supplies and
services related to technology to facilitate electronic transactions and communications and
to disseminate information to the public, to facilitate the operations of any member during
any declared emergency.
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 present law.
Proposed law requires that if the filing party fails to comply with any requirement of present
law, the electronic filing has no force or effect. Proposed law authorizes district courts to
provide by court rule for other matters related to filings by electronic transmission.
Proposed law authorizes the clerk of court to procure equipment, services, and supplies
necessary to accommodate electronic filings out of the clerk's salary fund.
Proposed law requires all electronic filings to include an electronic signature.
(Amends R.S. 1:55(E)(2) and R.S. 13:754(B) and (E)(1), (5), (8), and (10), and C.C.P. Art.
253(B) and (E); Adds R.S. 13:754(E)(13) and C.C.P. Art. 253(F) - (H))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Requires the LCRAA to provide assistance to its members in procuring,
implementing, enhancing and maintaining equipment, supplies and services
related to technology to facilitate electronic transactions and communications
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Prepared by Alan Miller. and to disseminate information to the public, to facilitate the operations of
any member during any declared emergency.
2. Requires that if the filing party fails to comply with any requirement, the
electronic filing will have no force or effect.
3. Authorizes the clerk to procure equipment, services, and supplies necessary
to accommodate electronic filings out of the clerk's salary fund.
4. Requires all electronic filings to include an electronic signature.
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Prepared by Alan Miller.