LouisianaSB 4212026 Regular SessionSenate

CLERKS OF COURT: Provides relative to the filing of electronic records. (8/1/26) (EN NO IMPACT See Note)

Sponsored By: Gregory A. Miller (Republican)

Signed by Governor

JudiciaryJudiciary A

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Clerks can release older original records

Beginning August 1, 2026, clerks need not keep certain originals filed on or before December 31, 2004. Records must be preserved, and originals must be transferred to the state archivist under the transfer rules. This option excludes instruments filed in conveyance records and graphic records, including certain surveying plats, maps, and photographs. Before destroying or returning an older original, clerks must verify that its preserved copy is complete and readable. They must also get the state archivist’s written approval. For reproduced records filed after January 1, 2005, clerks must check completeness and readability before returning originals to the designated person; the surveying-related graphic-record exception applies.

Court clerks gain more digital tools

Beginning August 1, 2026, Louisiana court clerks, including those in Orleans Parish, have broader authority to copy and digitize records. Copies must preserve all information, protect against unauthorized changes, and remain accessible for the required retention period. Another law can still prohibit a copying method. Clerks can buy or lease equipment and software, hire contractors, and pay copying, storage, and retrieval costs from their salary funds. No spending amount is specified. These methods can also meet indexing and recordkeeping duties, including for conveyance and mortgage records. Clerk-certified copies serve as initial proof in court or agency proceedings. The Department of State must send requests for copies or authentication of transferred originals to the appropriate clerk, who provides services and collects authorized fees.

Court record safeguards and backups change

Beginning August 1, 2026, statewide retention and storage rules apply to all records covered by the revised reproduction law. That law removes its requirement for a locally available backup of destroyed records. Separate permanent-record disposal rules require clerks, including Orleans Parish clerks, to retain electronic copies and locally available backups before destroying covered originals. After proper preservation, clerks have no civil liability for damage or loss arising from that destruction. Originals created before 1922 must remain intact if they concern real property, adoptions, interdictions, successions, trusts, or emancipation.

Sponsors & Cosponsors

Sponsor

  • Gregory A. Miller

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 145 • No: 0

House vote • 5/18/2026

Read third time by title, roll called on final passage, yeas 93, nays 0. Finally passed, ordered to the Senate.

Yes: 93 • No: 0

House vote • 5/7/2026

Reported favorably

Yes: 15 • No: 0

Senate vote • 4/13/2026

Senate floor amendments read and adopted. Read by title and passed by a vote of 37 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled.

Yes: 37 • No: 0

Actions Timeline

  1. Signed by the Governor. Becomes Act No. 386.

    5/22/2026Senate
  2. Effective date 8/1/2026.

    5/22/2026Senate
  3. Sent to the Governor by the Secretary of the Senate.

    5/20/2026Senate
  4. Enrolled. Signed by the President of the Senate.

    5/19/2026Senate
  5. Signed by the Speaker of the House.

    5/19/2026House
  6. Scheduled for floor debate on 05/18/2026.

    5/18/2026House
  7. Read third time by title, roll called on final passage, yeas 93, nays 0. Finally passed, ordered to the Senate.

    5/18/2026House
  8. Received from the House without amendments.

    5/18/2026Senate
  9. Read by title, passed to 3rd reading.

    5/12/2026House
  10. Reported without Legislative Bureau amendments.

    5/11/2026House
  11. Reported favorably (15-0). Referred to the Legislative Bureau.

    5/7/2026House
  12. Read by title, under the rules, referred to the Committee on Judiciary.

    4/15/2026House
  13. Received in the House from the Senate, read by title, lies over under the rules.

    4/14/2026House
  14. Senate floor amendments read and adopted. Read by title and passed by a vote of 37 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled.

    4/13/2026Senate
  15. Read by title. Ordered engrossed and passed to third reading and final passage.

    4/8/2026Senate
  16. Rules suspended. Reported favorably.

    4/7/2026Senate
  17. Read second time by title and referred to the Committee on Judiciary A.

    3/25/2026Senate
  18. Introduced in the Senate. Read by title and placed on the Calendar for a second reading.

    3/24/2026Senate

Bill Text

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