§ 13:754 — Louisiana Clerks' Remote Access Authority; membership; board of commission;

Louisiana § 13:754

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§754. Louisiana Clerks' Remote Access Authority; membership; board of commission;
statewide portal
A. There is hereby created the Louisiana Clerks' Remote Access Authority which
shall be referred to as "LCRAA".
B. LCRAA shall provide for infrastructure, governance, standard operating
procedures, technology, maintenance, and training to support a statewide portal with a
universal interface for secure remote access by internet users to certain records maintained
by LCRAA members. LCRAA shall 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. Every district clerk of court shall
facilitate electronic filing, recording, and remote access through the LCRAA portal by
January 1, 2026. LCRAA shall work with the district clerks of court to achieve the goal of
electronic filing, recording, and remote access through the universal interface on the
statewide portal maintained by LCRAA.
C.(1) LCRAA shall be composed of members who are district clerks of court to
provide LCRAA with secure remote access to indices of certain records maintained by each
district clerk of court. Every district clerk of court shall become a member of LCRAA by
July 1, 2020.
(2) LCRAA shall be governed by a six-member board of commissioners, referred to
in this Section as the "board", and consists of the following members:
(a) Five commissioners to be elected by LCRAA from the LCRAA membership.
(b) One commissioner to be designated by the Louisiana Land Title Association
(LLTA) or the Louisiana Association of Independent Land Title Agents (LAILTA). The
commissioners from each association shall serve for a one-year term, alternating between the
two associations. The designee of the LAILTA shall serve as the initial commissioner with
the term beginning July 1, 2014, and ending June 30, 2015. The term for the designee of the
LLTA shall begin on July 1, 2015, and end on June 30, 2016.
(3)(a) Board members elected by LCRAA and elected by the LBA shall serve two-year terms. The initial term shall begin on July 1, 2014, and shall end on June 30, 2016.
(b) Board members shall be eligible for election to succeeding terms without limit.
(c) Any expired term or vacancy on the board of LCRAA shall be filled in the same
manner as the original appointment.
(4) The board shall elect from its members a chair, a vice chair, a secretary, a
treasurer, and such other officers as it may deem necessary. The duties of the officers shall
be fixed by the by-laws adopted by LCRAA.
(5) The members of the board shall serve without compensation but shall be
reimbursed for their reasonable expenses directly related to the governance of LCRAA.
(6) The domicile of LCRAA shall be in East Baton Rouge Parish.
D. Every clerk of court shall provide the following information to LCRAA, which
shall be compiled by LCRRA and submitted to the legislature no later than January 1, 2025:
(1) The case management system or docket system software and software vendor
used by each parish clerk of court.
(2) The number and percentage of remote electronic filings and physical filings of
pleadings converted to electronic image by each parish clerk of court.
(3) The capability of the case management system or docket system of each parish
clerk of court to accept electronic signatures by judges and the extent of the use of electronic
signature systems by judges of the court.
(4) The costs charged by each clerk of court to persons for electronic filing of civil
and criminal pleadings and the amounts charged to access, view, and download images of
pleadings via an electronic case management system or docket system.
(5) The costs charged by each clerk of court for electronic recording of documents
affecting land titles.
(6) The cost charged by each clerk of court to access, view, or obtain copies of
electronic images or paper copies of electronic images of documents in the land title
database.
E. The LCRAA, acting through its board, shall have the following powers and duties:
(1) To design, construct, administer, and maintain a statewide portal for remote
access of certain electronic images of certain records maintained by members and technology
to facilitate electronic transactions and communications, and to disseminate information to
the public.
(2) To adopt such rules and regulations as it deems necessary or advisable for
conducting its business affairs including but not limited to developing indexing standards.
(3) To receive and expend funds collected pursuant to this Section and in accordance
with a budget adopted by LCRAA.
(4) To enter into contracts with individuals or entities, private or public.
(5) To provide such services and make such expenditures as LCRAA deems proper
for the achievement of the purposes of this Section.
(6) To acquire or lease equipment, supplies, office space, and storage space which
LCRAA deems necessary for the achievement of the purposes of this Section.
(7) To perform any function or activity necessary or appropriate to carry out the
purposes of this Section.
(8) To establish user fees for services provided through the statewide portal. The
fees shall be sufficient to recover administrative and operational expenses. Administrative
and operational expenses shall include but not be limited to hardware, computer support,
maintenance, enhancements, upgrades, and replacement of information technology
equipment, including software and conversion services, preserving, maintaining, and
enhancing records including the costs of repairs, maintenance, consulting services, service
contracts, redaction of confidential information from records, system replacements or
upgrades, and improving public access to records.
(9) To accept any type of payment approved by LCRAA including but not limited
to credit cards, electronic fund transfers, or escrowed funds.
(10) To establish and administer a grant program for assisting members with
acquiring hardware and software and related equipment, supplies, and services for the
conversion of records to increase the records made available through the statewide portal,
to facilitate electronic transactions or communications, to disseminate information to the
public, or to facilitate the operations of any member during any declared emergency.
(11) To solicit and accept additional contributions and grants to further the purposes
of LCRAA.
(12) To sue and be sued.
(13) 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). LCRAA may display and archive
notices of other public or private entities on the statewide portal in accordance with rules
adopted by the board.
F.(1) Beginning September 1, 2014, members of LCRAA shall collect a fee of five
dollars per recording, of which no more than three dollars shall be remitted to LCRAA and
the remainder shall be retained by the member to fund costs related to participation in the
statewide portal, including but not limited to acquiring hardware and software and providing
document preservation. The fees shall be remitted to LCRAA by the tenth day of the month
following collection. LCRAA shall use the fees received solely for the purposes set forth in
this Section.
(2) Any user fee received by LCRAA shall be used for administering and
maintaining the statewide portal, and a share, as determined by LCRAA, may be paid to
members.
G. LCRAA shall be immune from suits arising from any acts or omissions relating
to providing remote access pursuant to the provisions of this Section unless the LCRAA was
grossly negligent or engaged in willful misconduct. The provisions of this Subsection shall
not be construed to limit, withdraw, or overturn any other applicable defense or immunity.
H. Records accessed through the statewide portal shall not be sold or posted on any
other public or private website or in any way redistributed to any third party by a user.
LCRAA may deny remote access when necessary to ensure compliance with this Subsection.
Data from records accessed by secure remote access may be included in products or services
provided to a third party provided that all of the following occur:
(1) The records used to compile the data are not made available to the general
public.
(2) The third party maintains administrative, technical, and security safeguards to
protect integrity and limited access of the records.
(3) The third party discloses that he is not the official custodian of the records used
to compile the data.
I.(1) The LCRAA shall indemnify its officers and board members to the fullest
extent permitted by law.
(2) No board member, employee, or officer of the authority shall be liable to the
authority or to any individual or entity who conducts business with the authority for monetary
damages, for breach of his duties as a board member, employee, or officer, provided that this
provision shall not eliminate or limit the liability of a board member, employee, or officer
for any of the following:
(a) Acts or omissions not in good faith or which involve intentional misconduct or
a knowing violation of law.
(b) Any transaction from which he or she derived an improper personal benefit.
(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9:2792.1
through 2792.9, a person serving as a board member, employee, or officer shall not be
individually liable for any act or omission arising out of the performance of his duties.

Legislative History

Acts 2014, No. 826, §1, eff. June 23, 2014; Acts 2018, No. 202, §1; Acts 2020, No. 264, §2; Acts 2024, No. 694, §1.