Louisiana 2024 2024 Regular Session

Louisiana House Bill HB380 Comm Sub / Analysis

                    SSHB380 3351 5233
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 380	2024 Regular Session	Zeringue
COURTS:  Provides relative to electronic filings
Synopsis of Senate Amendments
1.Makes technical changes.
2.Decreases the number of members of the board of commissioners.
3.Adds provisions relative to the conversion of any documents filed in civil,
traffic, and criminal actions and provides for the retention of certain original
documents and exhibits by the clerk of court.
3.Changes the year that all filings shall be transmitted electronically by the
LCRAA from 2027 to 2026.
Digest of Bill as Finally Passed by Senate
Present law creates 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, to provide assistance to LCRAA 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, and to provide for document preservation.
Proposed law retains present law and adds the requirement of maintenance in order to
support a statewide portal with a universal interface system for secure remote access by
internet users to certain records maintained by LCRAA members.
Proposed law requires every district clerk of court to have the electronic filing system in
place no later than Jan. 1, 2026.
Proposed law requires LCRAA to use the filing fee collected by LCRAA to maintain the
electronic filing system.
Present law provides for the membership of the LCRAA board.
Proposed law retains present law but decreases the size of the membership of the board from
seven to six members by removing the designee of the La. Banking Assoc.
Proposed law requires every clerk of court to submit information regarding electronic filing
system capabilities and costs to LCRAA and further requires LCRAA to compile and submit
the information to the legislature no later than Jan. 1, 2025.
Present law allows for any document in a civil, traffic, or criminal action to be filed with the
clerk of court by facsimile transmission.
Proposed law allows for any document in a civil, traffic, or criminal action to be filed with
the clerk of court by facsimile transmission until Jan. 1, 2026.
Present law allows for any document in a civil, traffic, or criminal action to be filed
electronically in accordance with a system established by a clerk of court or LCRAA.
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Proposed law requires, beginning Jan. 1, 2026, that all documents in a civil, traffic, or
criminal action filed by an attorney be transmitted electronically through the system selected
by the filing attorney in accordance with the system established by a clerk of court or
LCRAA.
Proposed law requires, beginning Jan. 1, 2026, that all filings as provided in present  law and
all other provisions of present law filed by an attorney shall be transmitted electronically
through the system selected by the filing attorney in accordance with the system established
by a clerk of court or by the LCRAA.
Proposed law provides that upon adoption of uniform filing standards by the LCRAA, no
clerk of court shall accept a filing not in accordance with the standards, and prohibits
including certain private information in the filings.
Proposed law provides that Sections 2 and 3 of proposed law shall become effective only if
Senate Bill No. 75 of the 2024 Regular Session is not enacted.
Proposed law provides that Sections 4 and 5 of proposed law shall become effective only if
Senate Bill No. 75 of the 2024 Regular Session is enacted.
(Amends R.S. 13:754(A)-(D) and (F) and 850(A), C.C.P. Art. 253(B) and (D), and C.Cr.P.
Art. 14.1(A) and (F); Adds C.C.P. Art. 253(I) and C.Cr.P. Art. 14.1(G))
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