Louisiana § RS 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.