HLS 25RS-605 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 91
BY REPRESENTATIVE THOMAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BANKS/BANKING: Provides relative to disclosure of financial records
1 AN ACT
2To amend and reenact R.S. 6:333(C)(2)(b) and (G), relative to disclosure of financial
3 records; to require satisfaction of certain conditions before a bank may disclose
4 financial records; to provide for notification and service requirements; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 6:333(C)(2)(b) and (G) are hereby amended and reenacted to read
8as follows:
9 ยง333. Disclosure of financial records; reimbursement of costs
10 * * *
11 C. A bank may disclose financial records pursuant to a disclosure demand
12 if each of the following conditions are met:
13 * * *
14 (2) Prior to the return date, the person requesting the issuance of the
15 disclosure demand furnishes the bank with an affidavit certifying both of the
16 following:
17 * * *
18 (b) That such service was made at least thirty business calendar days prior
19 to the return date.
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-605 ORIGINAL
HB NO. 91
1 G. A bank shall be given a reasonable period of time prior to the return date,
2 and in no event less than thirty business calendar days prior thereto, in which to
3 complete the action necessary to disclose financial records which are the subject of
4 a request. Whether the bank is a party to litigation or not, prior to making any
5 disclosure and notwithstanding any contrary provisions of this Section, R.S. 13:4521,
6 Code of Civil Procedure Article 2411, or of any other law, the bank shall be
7 reimbursed by the requesting person for the reasonable fees and costs incurred or to
8 be incurred by the bank in the course of compliance with the request, including but
9 not limited to document reproduction costs, research and processing costs, personnel
10 costs, and travel expenses, whether any or all such costs are internal costs or are
11 costs incurred by the bank in favor of a person acting on behalf of or performing
12 services for the bank. If the bank and the requesting party disagree as to the amount
13 of the fees and costs to be reimbursed to the bank under this Section, the bank need
14 not produce the financial records until the court or other appropriate body issuing the
15 disclosure demand has fixed the amount to be paid to the bank upon a motion of any
16 party or the bank. The court or other appropriate body, in its discretion, may order
17 a contradictory hearing to fix the fees and costs to be reimbursed.
18 * * *
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 91 Original 2025 Regular Session Thomas
Abstract: Provides relative to conditions that a person must satisfy before a bank discloses
its customer's financial records.
Present law provides that a bank may disclose records pursuant to a disclosure demand if
certain conditions are met. One of these conditions required by present law is that, before
the return date, the person requesting the disclosure demand must furnish to the bank an
affidavit certifying the following:
(1)The disclosure demand was served on the bank's president, a registered agent
of the bank for service of process, or, if applicable, the bank's counsel of
record, unless the bank expressly waives service on any of these individuals.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-605 ORIGINAL
HB NO. 91
(2)Prior to the return date, the person requesting the disclosure demand
furnishes to the bank an affidavit certifying that the disclosure demand, or a
certified copy of the demand, was personally served on each customer named
in the demand or on the customer's counsel of record. Further, such service
was made at least 30 business days before the return date.
Proposed law changes the aforementioned service requirement from 30 business days to 30
calendar days. Proposed law otherwise retains present law.
Present law mandates that a bank be given a reasonable period of time before the return date,
and no less than 30 calendar days before the return date, to complete the action necessary
to disclose financial records that are the subject of a disclosure request. Present law also
mandates that the bank be reimbursed for any reasonable fees and costs incurred for
complying with the request.
Proposed law changes the aforementioned notice requirement from 30 business days to 30
calendar days. Proposed law otherwise retains present law.
(Amends R.S. 6:333(C)(2)(b) and (G))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.