reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:31.1. Exceptions; authority of the custodian

RS 44:31.1 - Exceptions; authority of the custodian
For the purposes of this Chapter, person does not include an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies when the request for public records is not limited to grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3. Notwithstanding the provisions contained in R.S. 44:32, the custodian may make an inquiry of any individual who applies for a public record to determine if such individual is in custody after sentence following a felony conviction who has exhausted his appellate remedies and the custodian may make any inquiry necessary to determine if the request of any such individual in custody for a felony conviction is limited to grounds upon which such individual may file for post-conviction relief under Code of Criminal Procedure Article 930.3.
Acts 1995, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:31.2. Public records awareness program

RS 44:31.2 - Public records awareness program
The attorney general shall establish a program for educating the general public, public bodies, and custodians regarding the provisions of this Chapter. Such program may include brochures, pamphlets, videos, seminars, and internet access to information which provides training on the provisions of this Chapter, including the custodian's responsibilities in connection with a request for records, the possibility that information submitted to a public body may become public record pursuant to the provisions of this Chapter, and the right of a person to institute court proceedings if access to a record is denied by the custodian.
Acts 1999, No. 1154, §1; Acts 2019, No. 256, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:33. Availability of records

RS 44:33 - Availability of records
A.(1) When a request is made for a public record to which the public is entitled, the official, clerks of court and the custodian of notarial records in and for the parish of Orleans excepted, who has responsibility for the record shall have the record segregated from other records under his custody so that the public can reasonably view the record.
(2) If, however, segregating the record would be unreasonably burdensome or expensive, or if the record requested is maintained in a fashion that makes it readily identifiable and renders further segregation unnecessary, the official shall so state in writing and shall state the location of the requested record.
B.(1) If the public record applied for is immediately available, because of its not being in active use at the time of the application, the public record shall be immediately presented to the authorized person applying for it. If the public record applied for is not immediately available, because of its being in active use at the time of the application, the custodian shall promptly certify this in writing to the applicant, and in his certificate shall fix a day and hour within three days, exclusive of Saturdays, Sundays, and legal public holidays, for the exercise of the right granted by this Chapter.
(2) The fact that the public records are being audited shall in no case be construed as a reason or justification for a refusal to allow inspection of the records except when the public records are in active use by the auditor.
Amended by Acts 1978, No. 686, §1; Acts 1982, No. 567, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:33.1. Custodian; contact information; notice to public

RS 44:33.1 - Custodian; contact information; notice to public
A. Each public body that has a custodian of public records shall make the contact information of the custodian available to the public in a manner that will allow a member of the public to quickly determine the appropriate person to whom a public records request should be submitted, including by placing such information on the internet.
B. Each custodian shall use reasonable means to notify the public that information submitted to the public body may become public record pursuant to the provisions of this Chapter.
Acts 2016, No. 654, §1; Acts 2019, No. 256, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:34. Absence of records

RS 44:34 - Absence of records
If any public record applied for by any authorized person is not in the custody or control of the person to whom the application is made, such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of his knowledge and belief, the reason for the absence of the record from his custody or control, its location, what person then has custody of the record and the manner and method in which, and the exact time at which it was taken from his custody or control. He shall include in the certificate ample and detailed answers to inquiries of the applicant which may facilitate the exercise of the right granted by this Chapter.
Amended by Acts 1978, No. 686, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:37. Penalties for violation by custodians of records

RS 44:37 - Penalties for violation by custodians of records
Any person having custody or control of a public record who arbitrarily or capriciously violates any of the provisions of this Chapter, or any person not having such custody or control who by any conspiracy, understanding, or cooperation with any other person arbitrarily or capriciously hinders or attempts to hinder the inspection of any public records declared by this Chapter to be subject to inspection, shall upon first conviction be fined not less than one hundred dollars, and not more than one thousand dollars, or shall be imprisoned for not less than one month, nor more than six months. Upon any subsequent conviction he shall be fined not less than two hundred fifty dollars, and not more than two thousand dollars, or imprisoned for not less than two months, nor more than six months, or both.
Amended by Acts 2022, No. 770, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:38. Access to records involved in legislative studies

RS 44:38 - Access to records involved in legislative studies
Notwithstanding any other law to the contrary, the custodian of records of the Department of Children and Family Services, office of children and family services, and the custodian of records of each juvenile court or any court which hears and decides juvenile matters shall grant access to a percentage, as specified by the legislative committee, of the total records of defined classes of children in state custody or in foster care to any committee of the legislature acting pursuant to an appropriate legislative instrument directing the committee to study procedures or outcomes of cases involving children in state custody or in foster care. The size of the specific group to be studied shall be large enough to preserve the anonymity of individual children. Such access shall be limited to that purpose, and all information regarding names or other identifiers shall be removed. Information pertaining to children who have been adopted shall be strictly confidential and shall be released only in accordance with existing laws.
Acts 1999, No. 1267, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:39. Microfilm and electronic digitized records; use as evidence

RS 44:39 - Microfilm and electronic digitized records; use as evidence
A. All persons and public bodies having custody or control of any public records of the state of Louisiana or any of its subdivisions may utilize any appropriate form of the microphotographic process, or an electronic digitizing process capable of reproducing an unalterable and accessible image of the original source document, for the recordation, filing, and preservation of all existing public records, provided that the use of such microphotographic or electronic digitizing processes is not otherwise prohibited by law.
B.(1) All agencies, as defined in R.S. 44:402, shall comply with all document conversion standards established by the division of archives, records management, and history of the Department of State in accordance with the provisions of R.S. 44:415.
(2) All agencies shall be required to maintain the original source document or microfilm thereof when such document has been preserved utilizing electronic digitizing except:
(a) Public safety services within the Department of Public Safety and Corrections.
(b) All public retirement systems, plans, and funds.
(c) Any other agency with approval in writing by the state archivist.
C. Any microfilm or electronically digitized copy, when satisfactorily identified, shall be considered to be an original itself, and shall be admissible in evidence in all courts or administrative proceedings in any agency, whether the original document is in existence or not, and an enlargement or facsimile of a reproduction is likewise admissible in evidence, if the original reproduction is in existence and available for inspection under direction of the court or the administrative agency. Original records shall remain subject to subpoena.
Amended by Acts 1950, No. 134, §1; Acts 1978, No. 364, §1; Acts 1986, No. 1075, §1; Acts 1987, No. 621, §1; Acts 1997, No. 373, §1; Acts 1998, 1st Ex. Sess., No. 73, §1, eff. May 1, 1998; Acts 1999, No. 301, §1, eff. July 1, 1999; Acts 2021, No. 213, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:41. Receiving and filing map, plat, etc. for record

RS 44:41 - Receiving and filing map, plat, etc. for record
A. After September 1, 1970, no clerk of court, recorder of mortgages or register of conveyances, or any other public authority shall receive and file for record any map, plat, or survey attached to and pertaining to the sale or mortgage of property, when such map, plat, or survey is required by either party, which does not have impressed thereon, and affixed thereto, the signature and seal or stamp of a professional land surveyor duly licensed in accordance with the provisions of Chapter 8 of Title 37 of the Louisiana Revised Statutes of 1950 by whom or under whose responsible charge said map, plat, survey, or other document was prepared.
B. Failure to comply with the provisions of this Section shall not invalidate any title to real property otherwise legally valid.
Acts 1970, No. 532, §1; Acts 2003, No. 279, §7.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:42. Immunity from suit for invasion of privacy

RS 44:42 - Immunity from suit for invasion of privacy
A. Any custodian who releases records in response to a public records request made pursuant to this Chapter shall be immune from any lawsuit for invasion of privacy alleged to be caused by the release of public records, provided the custodian acts on advice of counsel.
B. This Section shall not apply if the release of the records is proven to be arbitrary and capricious.
C. A custodian who claims the immunity provided by this Section shall be entitled to a presumption that his conduct was not arbitrary and capricious upon presenting a prima facie case of his reliance on advice of counsel.
D. For purposes of this Section, "advice of counsel" means a determination by the custodian's selected attorney, or if the custodian is an attorney, upon the custodian's own diligent determination in his capacity as attorney.
Acts 2022, No. 684, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:51. Definitions

RS 44:51 - Definitions
As used in this Part, the following terms shall have the meanings hereinafter ascribed to each, unless the context clearly indicates another meaning:
(1) "Abuse" means causing or attempting to cause physical harm, placing another person in fear of physical harm, or causing another person to engage involuntarily in sexual activity by force, threat of force, or duress, when committed by any of the following:
(a) A person against such person's spouse.
(b) A person against such person's former spouse.
(c) A person residing with the victim if such person and the victim are or were in a dating relationship.
(d) A person who formerly resided with the victim if such person and the victim are or were in a dating relationship.
(e) A person against a parent of such person's child, whether or not such person and the victim have been married or resided together at any time.
(f) A person against a person with whom such person is in a dating relationship.
(g) A person against a person with whom such person formerly was in a dating relationship.
(h) A person related to the victim by consanguinity or affinity.
(2) "Dating relationship" means an intimate or sexual relationship.
(3) "Physical address" means a residential street address, school address, or work address of a program participant.
(4) "Program participant" means a person currently certified as a program participant under R.S. 44:52.
(5) "Sexual assault" means any of the acts defined as crimes in R.S. 14:41, 42, 42.1, 43, 43.1, 43.2, 43.3, and 43.5.
(6) "Stalking" means the acts defined as crimes in R.S. 14:40.2.
(7) "Substitute address" means an address designated to a program participant by the secretary of state.
Acts 2006, No. 613, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:53. Cancellation of certification

RS 44:53 - Cancellation of certification
A.(1) If a program participant or the minor or incapacitated person on whose behalf the application is made legally changes his name, he shall notify the secretary of state's office within seven days of the approval of the name change and provide documentation of the legal name change. If the applicant fails to timely notify the secretary of state's office or cannot provide documentation of the legal name change, the secretary of state may cancel his certification as a program participant.
(2) If a program participant or the minor or incapacitated person on whose behalf the application is made changes any of his physical addresses, he shall notify the secretary of state's office within seven days of the change. If the applicant fails to timely notify the secretary of state's office of the address change, the secretary of state may cancel his certification as a program participant.
(3) The secretary of state may cancel certification of a program participant if mail forwarded to the program participant's physical address is returned as undeliverable.
(4) The secretary of state shall cancel the certification of a program participant who makes a false attestation or provides false information on his or her application.
(5) The secretary of state shall cancel the certification of a program participant if such participant qualifies as a candidate for an office pursuant to the provisions of R.S. 18:461.
B. Prior to cancelling the certification of a program participant, the secretary of state shall attempt to notify the program participant in writing of such action.
Acts 2006, No. 613, §1; Acts 2007, No. 199, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:54. Substitute address; use

RS 44:54 - Substitute address; use
A.(1) A program participant may inform any state or local agency that he is a program participant and request that such agency use the substitute address designated by the secretary of state as the participant's address of record for such agency. If any agency refuses to accept the substitute address, such agency shall submit its refusal to the secretary of state's office.
(2) If the secretary of state's office determines that there is a bona fide statutory or administrative requirement which makes necessary the use of the program participant's physical address, and that such address will not become a public record in the custody of the agency, then the secretary of state may provide the physical address of the program participant to the agency, after notifying the program participant in writing that his or her physical address will be released to the agency.
(3) If the secretary of state's office determines that there is not a bona fide statutory or administrative requirement which makes necessary the use of the program participant's physical address, or that such address will become a public record in the custody of the agency, then the secretary of state shall not provide the physical address of the program participant to the agency.
B. The secretary of state's office shall notify the appropriate registrar of voters of the identity of any program participant within the parish and provide the program participant's substitute address. The Department of State and the registrars of voters shall use the substitute address for all purposes related to voter registration and voting for a period of four years from the date that the program participant's application was filed or until the program participant's certification is canceled, whichever occurs first. The program participant's name and physical address contained in the voter registration records of the secretary of state and registrars of voters are confidential and shall not be made available for public inspection or copying.
Acts 2006, No. 613, §1; Acts 2007, No. 199, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:55. Secretary of state; use of substitute address; exceptions

RS 44:55 - Secretary of state; use of substitute address; exceptions
The secretary of state shall not make any records in a program participant's file available for inspection or copying, other than the substitute address designated by the secretary of state, except under any of the following circumstances:
(1) If requested of the secretary of state by the chief commanding officer of a law enforcement agency or the officer's designee in the manner provided for by rules adopted and promulgated by the secretary of state in accordance with the Administrative Procedure Act.
(2) To a person identified in a court order upon the receipt by the secretary of state of that court order which specifically orders the disclosure of a particular program participant's address and the reasons stated therefor.
(3) To verify the participation of a specific program participant, in which case the secretary of state may only confirm or deny information supplied by the requestor.
Acts 2006, No. 613, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:56. Program participants; application assistance

RS 44:56 - Program participants; application assistance
The secretary of state shall designate state and local agencies and nonprofit organizations which may assist victims of abuse, sexual assault, or stalking in making application to the secretary of state's office for certification as program participants.
Acts 2006, No. 613, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:57. Service of process

RS 44:57 - Service of process
A. Service of citation or other process on a program participant shall be made on the secretary of state. If a person makes service of citation or other process on a program participant at the program participant's physical address or personally on the program participant, knowing that he is a program participant, such service of citation or other process shall be invalid and shall have no effect.
B. All legal delays for service of citation or other process on a program participant shall be extended ten days.
Acts 2007, No. 199, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:67.1. Acceptance of collective bargaining agreement

RS 44:67.1 - Acceptance of collective bargaining agreement
A. No collective bargaining agreement to which a public employer is a party shall be accepted or ratified by the public employer or its representative until the collective bargaining agreement has been made available to the public via the Internet website of the public employer for at least five business days. The public employer shall issue a written public notice in the manner provided in R.S. 42:19(A)(2) informing the public of how such agreement may be accessed and the date, time, and place of the meeting at which the agreement will be considered by the public employer for acceptance or ratification.
B. For purposes of this Part, "public employer" means the state or a political subdivision thereof, or a department, agency, office, institution, or other organizational unit of state or local government that employs one or more individuals in any capacity.
Acts 2012, No. 168, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:67.2. Construction; enforcement

RS 44:67.2 - Construction; enforcement
A. The provisions of this Part shall be liberally construed to accomplish its purposes.
B. The provisions of this Part shall not be construed to affect the rights of a public employer pursuant to Part V of Chapter 9 of Title 23 of the Louisiana Revised Statutes of 1950 or to require a particular form of employment agreement between a public employer and its employees.
C. The provisions of this Part may be enforced as provided in R.S. 44:35.
Acts 2012, No. 168, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:71. Offices for recording mortgages and conveyances

RS 44:71 - Offices for recording mortgages and conveyances
A. There is established in each parish an office for the recording of mortgages and privileges and one for the recordation of conveyances and transfer of immovables.
B. The clerks of the several district courts throughout the state are ex officio parish recorders of conveyances, mortgages, and other acts.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2006, No. 621, §5, eff. June 23, 2006.
NOTE: See Acts 2005, No. 169, §9, relative to instruments filed, registered, or recorded prior to effective date of Act and also relative to applicability of certain provisions to instruments made available for Internet viewing before such date.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:72. Seal

RS 44:72 - Seal
Each recorder shall have an official seal, which he shall attach to all acts, certificates, and other instruments, executed or granted by him. Failure to affix the seal does not affect the validity or effect of the instruments.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:73. Location of office

RS 44:73 - Location of office
The recorders shall maintain their offices at the parish seat where the permanent records of the office shall be maintained. The recorders may also establish branch or ancillary offices in the parish to accept documents and to provide those services that the recorders may from time to time find convenient or useful.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:75. Deputies

RS 44:75 - Deputies
Except in the parish of Orleans, the recorder may appoint deputies whose duties shall be the same as those of the recorder. Before entering upon the duties of his office the deputy shall take the oath that the law prescribes for the recorder.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:77. Recorder as proper party; payment of judgments and compromises; obligation to maintain insurance

RS 44:77 - Recorder as proper party; payment of judgments and compromises; obligation to maintain insurance
A.(1) A judicial or administrative action or other proceeding shall be brought by or instituted against the recorder in his official capacity.
(2) A judgment or order shall be rendered in favor of or against the recorder in such capacity.
B. The recorder may pay a judgment or compromise out of the salary funds of the office.
C. Each recorder may keep in effect insurance insuring the recorder, his deputies, and employees against liability arising out of his failure to perform properly the duties and obligations of his office.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:78. Limitation of liability

RS 44:78 - Limitation of liability
A. The recorder is not liable personally or in his official capacity for:
(1) Complying with a judgment or court order.
(2) Recording a document that is not authorized by law to be recorded.
(3) Releasing or canceling an encumberance pursuant to a request filed in accordance with this Chapter.
B. The liability of the recorder, both personally and in his official capacity, as well as that of his deputies and employees is regulated by the provisions of R.S. 13:750 and 750.1, and other provisions of law.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:79. Recorder not required to pay costs or give security in judicial proceedings

RS 44:79 - Recorder not required to pay costs or give security in judicial proceedings
The recorder is not required to advance or pay the costs of the court, the fees of the sheriff or other officers, or any other charges in any suit or other judicial proceeding instituted either by or against him in his official capacity. Neither shall he be required to provide security, whether for appeal or otherwise as a consequence of the proceeding.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:80. Fees

RS 44:80 - Fees
The recorder may charge and collect such fees as are permitted or prescribed by law.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:101. General powers

RS 44:101 - General powers
A. Within their respective parishes, recorders shall be recorder of mortgages, register of conveyances and marriage contracts, recorder of births and deaths and recorder of marks and brands.
B. All acts executed by recorders in conformity with the provisions of article two thousand two hundred and thirty four of the Revised Civil Code of 1870 shall be authentic acts.
C. Recorders may make inventories, appraisements, partitions, receive wills, make matrimonial contracts, conveyances, protests, and generally all contracts and instruments of writing; hold family meetings and meetings of creditors; receive acknowledgments of instruments under private signature; administer oaths in all cases connected with the discharge of their duties; affix the seal upon the effects of deceased persons and raise the seals.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:102. Repair and rebinding of books and records; payment

RS 44:102 - Repair and rebinding of books and records; payment
A. Recorders shall have repaired and rebound such books and records as have become, or may hereafter become, so materially or seriously damaged or worn as to render their repair or rebinding necessary in order to prevent their destruction, the loss of the sheets or their disfiguration.
B. The repairing and rebinding shall be paid for by the police jury of the parish in which the work is done, out of the general fund or any other fund available for that purpose.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:103. Certified copies and their effect

RS 44:103 - Certified copies and their effect
A. The recorder, upon proper request, shall issue to any person a copy of a recorded instrument and certify upon it, or in a separate certificate attached to it, that it is a true and correct copy of the instrument, the time and date the instrument was recorded, and its registration number or of the place in the records where it may be found.
B. A copy of a recorded instrument certified by the recorder is entitled to the same faith and credit as the recorded instrument. It may be recorded in the mortgage or conveyance records of other parishes with the same effect as if it were the recorded instrument.
C. Certification by a recorder of a copy of an instrument that is not in authentic form or duly authenticated does not dispense with the necessity of proving the signatures of the parties.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:104. Redesignated as R.S. 9:2742 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:104 - Redesignated as R.S. 9:2742 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:105. Redesignated as R.S. 9:2743 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:105 - Redesignated as R.S. 9:2743 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:106. Redesignated as R.S. 9:5169 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:106 - Redesignated as R.S. 9:5169 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:107. Redesignated as R.S. 9:5170 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:107 - Redesignated as R.S. 9:5170 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:108. Redesignated as R.S. 9:5171 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:108 - Redesignated as R.S. 9:5171 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:109. Redesignated as R.S. 9:5172 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:109 - Redesignated as R.S. 9:5172 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:109.1. Redesignated as R.S. 9:5173 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:109.1 - Redesignated as R.S. 9:5173 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:110. Redesignated as R.S. 9:5174 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:110 - Redesignated as R.S. 9:5174 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:111. Redesignated as R.S. 9:5175 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:111 - Redesignated as R.S. 9:5175 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:112. Redesignated as R.S. 9:5176 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:112 - Redesignated as R.S. 9:5176 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:113. Redesignated as R.S. 9:2741 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.

RS 44:113 - Redesignated as R.S. 9:2741 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:114. Actions against the recorder

RS 44:114 - Actions against the recorder
A. Any interested person may bring an action against the recorder in his official capacity to:
(1) Compel the recordation of any instrument or document authorized or permitted to be recorded.
(2) Compel the cancellation from the records of any instrument or document authorized or permitted to be cancelled.
(3) Cancel from the records any improperly recorded instrument or document.
(4) Declare, pursuant to R.S. 9:5176, the extinction of rights.
(5) Correct any error or omission in the records.
(6) Issue any certificate or perform any other duty required of the recorder by this Chapter.
(7) Take any action that is otherwise expressly authorized by the provisions of this Chapter.
B. The action may be instituted by writ of mandamus directed to the recorder in his official capacity.
C. The action shall be filed in any parish where the records to be affected are located or the action of the recorder is to be taken.
D. All persons whose rights will be directly affected by the relief sought shall be joined in the action.
E. The recorder is not liable personally or in his official capacity for the costs of any action instituted pursuant to the provisions of this Section.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:115. Photographic reproduction of acts

RS 44:115 - Photographic reproduction of acts
The recorder, at his option and in his discretion, may record acts by means of photorecording, photocopying, microfilming, or other photographic methods of reproduction. The film stock used in making photographic or microphotographic copies and the processing of the copies shall comply with the standards of the American National Standard Institute for permanent record photographic microcopying film. The clerk of court in East Baton Rouge Parish will make available to the assessor a copy of the original document files under provision of the aforementioned sections, excluding holidays within forty-eight hours. The recorder shall preserve and maintain original maps, plats, property descriptions or photographs as related to the work of a professional surveyor engaged in the practice of land surveying as defined in R.S. 37:682.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:117. Electronic copies of records; Lafayette Parish

RS 44:117 - Electronic copies of records; Lafayette Parish
Subject to the provisions of R.S. 44:116, in addition to the methods authorized for recording filings, documents, pleadings, and all other written instruments and for indexing conveyance and mortgage records, the clerk of court of Lafayette Parish may electronically record filings, documents, pleadings, and all other written instruments and make indexes of conveyance and mortgage records on non-rewritable magnetic, optical, or laser type storage media, including but not limited to CD-ROM. However, the media shall comply with the standards of the American National Standard Institute or the International Standards Organization for electronic storage of records.
Acts 1995, No. 417, §2.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:161. Double index; form and contents

RS 44:161 - Double index; form and contents
Recorders shall keep indexes, both direct and inverse, to all acts filed for record in their respective offices which indexes shall contain, in alphabetical order, references to the names of the parties to the acts, to the file number assigned on recordation to the day, month, and year in which they are recorded, and to the book and page in which they are recorded. In addition to these requirements, all recorders shall adopt and adhere to any indexing standards that have been promulgated by the Louisiana Clerks' Remote Access Authority, as provided for in R.S. 13:754.
Acts 2017, No. 173, §3.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:171. Recordation of discharge from armed forces

RS 44:171 - Recordation of discharge from armed forces
Upon presentation of the discharge certificate or other evidence, the register of conveyances shall record in his records, without charge, each discharge certificate or other evidence of honorable separation from the armed forces of the United States of men and women who have served in the forces.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181. Clerk of court as recorder; duties

RS 44:181 - Clerk of court as recorder; duties
A. The clerk of court shall be the parish recorder of conveyances, mortgages, and other acts, as provided by law, for and throughout the parish of Orleans.
B. For purposes of this Chapter, the term "clerk of court" shall mean the clerk of court of the Civil District Court for the Parish of Orleans.
Acts 2006, No. 621, §5, eff. June 23, 2006; Acts 2012, No. 474, §3.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181.1. Official seal

RS 44:181.1 - Official seal
The parish recorder shall have an official seal, which shall be attached to all acts, certificates, and other instruments, executed or granted by the clerk of court.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181.2. Deputy recorders

RS 44:181.2 - Deputy recorders
The clerk of court may appoint three deputies whose duties shall be the same as that of the parish recorder. Each deputy shall take the oath of office which the law prescribes for the recorder. Each deputy shall devote full-time to the duties of his office and shall not engage in any other profession or hold any other office.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181.3. Archivist

RS 44:181.3 - Archivist
A. The clerk of court as the parish recorder shall employ a full-time professional archivist to assist the clerk of court with the responsibilities of the office and to ensure the adequate preservation of records and documents.
B. The archivist shall possess a baccalaureate degree in either history, political science, philosophy, anthropology, historical geography, archeology, French, Spanish, or fine arts, and have either:
(1) At least two years of professional level experience in historical research or college level teaching in the above academic fields; or
(2) At least two years of experience in archival operations, records management, records preservation, or other work involving locating, selecting, acquiring, and preserving documents or other valuable papers and materials.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181.4. Fees

RS 44:181.4 - Fees
The clerk of court as the parish recorder shall collect all charges and fees which are in effect for the recordation of records and other documents in the parish of Orleans on January 1, 2009, and remitted in accordance with the existing provisions of law. Fifty percent of the charges and fees collected, after deduction of statutorily mandated charges, fees, salary, and benefits of the parish recorder, shall be remitted to the judicial expense fund of the Civil District Court no later than the twenty-fifth day of the month following the preceding month's collection.
Acts 2006, No. 621, §5, eff. June 23, 2006; Acts 2018, No. 326, §2.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:181.7. Notarial archives records; fees

RS 44:181.7 - Notarial archives records; fees
A. The clerk of court, as ex officio recorder, shall charge the following for notarial archives records:
(1) The sum of twenty dollars for each act, contract, or other instrument filed.
(2) The sum of thirty dollars for each sketch, blueprint, or survey.
B. Five dollars from each fee collected is to be dedicated to microfilm or other imaging projects with the remainder to be deposited for the notarial archives division of the clerk's office to be used only for the expenses and maintenance of the office.
Acts 2009, No. 118, §1, eff. June 23, 2009.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:182.1. Retention of powers

RS 44:182.1 - Retention of powers
The clerk of court as the parish recorder shall be the successor to and shall exercise all powers, duties, functions, and responsibilities of the offices of the custodian of notarial records, the register of conveyances, and the recorder of mortgages, consistent with the provisions of this Chapter.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:182.11. Annual budget; submission to enumerated entities

RS 44:182.11 - Annual budget; submission to enumerated entities
A. The clerk of court as the parish recorder shall prepare a detailed annual budget of the office of the clerk of court at the end of its fiscal year and submit a copy of that budget to the legislative auditor pursuant to R.S. 24:513 et seq., and to the Joint Legislative Committee on the Budget and shall publish a copy, at his own expense, in the official journal of the parish of Orleans, commencing January 1, 2009.
B. The clerk of court shall include in the annual budget adequate provisions to ensure that there is systematic rebinding, page repair, and microfilming of those notarial records created before July 29, 1970, and that the office can provide professional supervision of the use of all volumes created before the year 1900. The clerk of court shall allocate sufficient funds for the stabilization, preservation, and repair of plat plans, surveys, architectural drawings, and other visual materials housed at the office, whether presently attached to notarial acts or housed separately from notarial volumes.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:183. Microfilm records; use; separate location; preservation of records

RS 44:183 - Microfilm records; use; separate location; preservation of records
A. The clerk of court as the parish recorder may record acts by methods of reproduction as provided in R.S. 44:115.
B. The original master negative of such microfilm or other photographic reproduction may be used for preparing digital images which can be utilized in lieu of the original document or record. Such microfilm or other photographic reproduction shall be kept in safe and secure storage at a separate location from the original records and documents filed with the clerk of court. The clerk of court as the parish recorder may have working copies made of any of the master negatives or other photographic reproductions and keep the working copies on the premises of his offices to be used at his discretion in connection with the preservation of fragile volumes. The clerk of court may substitute the working copies for daily use of original volumes, so long as the original volumes remain in the collection and are easily available for examination in cases where the working copies are difficult to decipher.
C. The clerk of court as the parish recorder may make all such reasonable rules and regulations relative to the use and preservation of documents and volumes in the office as he deems necessary, but nothing in this Section shall be construed to mean that the public will not have free access to either original records or facsimiles thereof during all regular office hours, not including extended office hours. The clerk of court, with the advice of the archivist, shall make provisions for the preservation, management, repair, and rehabilitation of any or all records in his custody, if he deems it necessary to protect old, fragile, or damaged records from further damage or loss.
D. Such microfilm copy or other photographic reproduction shall be deemed to be an original record for all purposes and shall be admissible in evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy thereof shall for all purposes be deemed to be a transcript, exemplification, or certified copy of the original.
E. Nothing in this Chapter shall in any manner be construed to permit the destruction of any records presently in the possession of, or which may hereafter come into the possession of the office of the clerk of court as the parish recorder.
F. The clerk of court shall dedicate a specific portion of fees assessed and collected by the parish recorder to microfilming, restoration, repair, and preservation of records and deposit those fees in the Consolidated Judicial Expense Fund or the Clerk's Salary Fund.
Acts 2006, No. 621, §5, eff. June 23, 2006; Acts 2008, No. 868, §3.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:184. Applicability of other laws

RS 44:184 - Applicability of other laws
All provisions of law providing for the registry and recordation of instruments affecting immovable property, the recordation of conventional mortgages, including a notice of security interest, and recordation of liens and privileges on movables and immovables, not in conflict herewith, shall be applicable to the clerk of court as parish recorder.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:184.1. Recordation of agreement

RS 44:184.1 - Recordation of agreement
Any person, upon paying the fees otherwise fixed by law, may at any time request that the agreement be filed and copied in full into the records and the clerk of court as the parish recorder upon request also note in the margin of the recorded copy of the declaration a reference to the place where the agreement is recorded.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:184.2. Repealed by Acts 2008, No. 677, §2, eff. July 1, 2008, and Acts 2008, No. 856, §2.

RS 44:184.2 - Repealed by Acts 2008, No. 677, §2, eff. July 1, 2008, and Acts 2008, No. 856, §2.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:185. Recordation books; indexes

RS 44:185 - Recordation books; indexes
The clerk of court as the parish recorder shall keep a book of conveyances, a book of mortgages, and other recordation books as provided by law. He shall keep indexes as required by law.
Acts 2006, No. 621, §5, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:201.1. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.

RS 44:201.1 - Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:205.1. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.

RS 44:205.1 - Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:231.1. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.

RS 44:231.1 - Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.
NOTE: See Acts 2008, No. 618, providing that no special election be held to fill vacancy in office of recorder of mortgages and providing that any proclamation calling any such election shall be null, void, and of no effect.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:234.1. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.

RS 44:234.1 - Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009.