Louisiana 2024 2024 Regular Session

Louisiana House Bill HB380 Comm Sub / Analysis

                    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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 380	2024 Regular Session	Zeringue
Keyword and oneliner of the instrument as it left the House
COURTS:  Provides relative to electronic filings
Report adopts Senate amendments to:
1. Change the year that all filings shall be transmitted electronically by the LCRAA from 2027
to 2026.
2. Add 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. Decrease the number of members of the board of commissioners.
4. Provide for contingent effectiveness of proposed law.
Report amends the bill to:
1. Remove comments relative to bills authored on recommendation of the Louisiana State Law
Institute.
2. Prohibit the clerk of court from refusing to accept for filing certain pleadings and documents
solely on the grounds that the pleading or document was signed by electronic signature. 
3. Provide that upon adoption of uniform filing standards by the LCRAA, no clerk of court
shall accept a filing not in accordance with the adopted standards.
4. Make technical changes.
Digest of the bill as proposed by the Conference Committee
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.
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. Provides for the
adoption of a system to retain certain original documents and exhibits and permits the conversion
of any documents filed in civil, traffic, and criminal actions by the clerk of court.
Proposed law prohibits the clerk of court from refusing to accept for filing any pleading or other
document that is signed by electronic signature and executed in connection with court proceedings,
or that complies with the procedures for electronic filing implemented pursuant to this Article, solely on the ground that the pleading or document was signed by electronic signature. Provides further that
upon adoption of uniform filing standards by the LCRAA, no clerk of court shall accept a filing not
in accordance with the adopted standards.
Proposed law requires, beginning Jan. 1, 2027, 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 , and C.Cr.P. Art. 14.1; Adds
C.Cr.P. Art. 14.2)