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2008 Session Highlights

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Property

By: Danielle Doiron
(225) 342-1773

2008 REGULAR SESSION

COMMUNITY DEVELOPMENT

Senate Bill 621 by Senator Cravins (substitute adopted on Senate floor) (became SB 811) (Became law without the signature of the Governor- ACT 912) creates the North Lafayette Redevelopment Authority with its "area of operation" being district 3 and 4 of the Lafayette City Parish Council. Provides for a board of nine commissioner of the authority who serve staggered terms..

Senate Bill 636 by Senator Murray (failed House final passage) provides for appeals from decisions of the office of community development on Road Home claims. Permits a property owner who has adversely been affected by a decision or rulings of the office of community development in the administration of the Road Home Housing Corporation to appeal that decision or ruling to the district court for a judicial review de novo. Provides that the right to seek de novo judicial review shall be retroactive to the inception of the Road Home Program, both as to the interpretation of the Program and actions and decisions taken under the Program and also for the remedial purpose of addressing any issue, action or decision that has resulted in inconsistent results. Provides that appeals from the decision of the office of community development shall be lodged within 180 days from the date the decision is postmarked, or 90 days from the effective date of the proposed law.

Senate Bill 740 by Senator Shepherd (subject to call - Senate final passage) creates the Louisiana Road Home Applicants' Bill of Rights and Principles for the Operation of the Road Home Program under the supervision of the La. Recovery Authority. Also provides for penalties for failure to comply with specified rights and principles for operation.

Senate Bill 793 by Senate Shepherd (Signed by the Governor- ACT 700) authorizes prestige license plate for New Home Ministries Community Development Corporation and provides for the creation and issuance of the New Home Full Gospel Ministries license plate. Provides for the design of the plate, the required number of applicants for prestige license plates for the Beacon Light Baptist Church and the Greater St. Stephens Ministries. Provides for the distribution of proceeds collected from applicants for the Life Center Full Gospel Baptist Cathedral prestige license plate. Provides for issuance of prestige license plates for retired law enforcement officers to certain vehicles and motorcycles. Provides for issuance of military honor license plates for disabled veterans to motorcycles. Authorizes of rules and regulations and provides for related matters.

Senate Bill 811 by Senate Cravins (Became law without the signature of the Governor- ACT 912) creates the North Lafayette Redevelopment Authority and provides for the utilization of appropriate private and public resources to eliminate and prevent the development or spread of slum, blighted, and distressed areas. Provides that the authority is a special district and political subdivision of the state. Provides for the expeditious conversion of blighted or underused property into habitable residential dwellings needed to address the influx of displaced persons due to the effects of hurricanes Katrina and Rita. Provides for the governing body of the authority, and for the powers, duties, functions, and liabilities. Further provides for the funds, series, facilities, and property in aid of redevelopment projects and authorizes the authority to initiate expedited quiet title and foreclosure actions.

Senate Concurrent Resolution 104 by Senator Shepherd (filed with the Secretary of the State) directs and authorizes the Louisiana Recovery Authority not to spend certain funds for community recovery projects for New Orleans.

Senate Concurrent Resolution 108 by Senator Gray (filed with the Secretary of the State) requests the Louisiana Recovery Authority and the office of community development to include minority businesses in its Hazard Mitigation Grant Program.

House Bill 905 by Representative Tucker (signed by the Governor- ACT 888) provides that certain members of community development district boards shall be appointed rather than elected. Provides that the position of each member whose term has expired shall be filled by a qualified elector of the district elected by the qualified electors of the district or if there are none, a qualified elector of the parish or municipality that created the district. In districts with a population of six hundred or less, the governing authority of the parish or municipality that created the district shall appoint the members of the board.

House Bill 910 by Representative Tucker (signed by the Governor- ACT 829) requires ICF Emergency Management Services to disclose all of its subcontractors to the Legislative Audit Advisory Council.

House Bill 934 by Representative Templet (signed by the Governor- ACT 601) provides relative to the removal of dangerous structures by the governing authority of parishes and municipalities.

COMMUNITY PROPERTY

Senate Bill 27 by Senator B. Gautreaux (subject to call - Senate final passage) allows garnishment of Louisiana public retirement or pension system, plan, or fund benefits of an elected official to pay fines or restitution imposed for a felony associated with his office.

Senate Bill 179 by Senator Quinn (signed by the Governor-ACT 855) provides relative to reserving fruits of property as separate property. Authorizes that separate assets, bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community property. Authorizes that a spouse may reserve them as separate property. Adds requirement that a copy of the declaration shall be provided to the other spouse prior to filing of the declaration.

Senate Bill 220 by Senator Quinn (signed by the Governor- ACT 408) provides relative to possession and use of family residence or community property in the event of divorce.

EXPROPRIATION

Senate Bill 54 by Senator Murray (subject to call - House final passage) is a constitutional amendment to remove certain restrictions on the disposition of blighted property expropriated in the city of New Orleans.

Senate Bill 295 by Senator Murray (filed with the Secretary of the State- ACT 936) is a constitutional amendment to remove certain restrictions on the disposition of blighted property that has been expropriated. Adds requirement that when property is taken for the public purpose of removal of a threat to public health or safety caused by the existing use or disuse of the property. Further provides that the first refusal by the owner prior to sale and procedures for declaration of the property as surplus property, are not applicable in such cases. Specifies submission of the amendment to the voters at the statewide election to be held on November 4, 2008.

House Bill 337 by Representative Burrell (signed by the Governor- ACT 819) provides relative to property taxes, tax sales, and adjudicated property. Provides general provisions, definitions, payment and collection. Further provides for tax sales of movable and immovable property, for adjudicated property and provides for redemptions and procedures to quiet tax title and to annul.

House Bill 461 by Representative Ritchie (filed with the Secretary of the State- ACT 933) is a constitutional amendment which provides for the transfer of the special assessment level to new property purchased to replace expropriated property.

House Bill 590 by Representative Hutter (became law without the signature of the Governor-Act 284) authorizes the St. Bernard Port, Harbor, and Terminal District to acquire certain property. Removes the exception for acquisition of lands or parcels of land upon which structures, buildings, or improvements are constructed and actually used for industrial purposes and pipelines not in operation on May 1, 2008.

House Bill 791 by Representative Hutter (signed by the Governor-Act 298) provides with respect to expropriated property of DOTD not used for projects in a certain time period.

House Bill 874 by Representative Tucker (signed by the Governor-ACT 596) provides relative to railroad crossings. Extends the application of existing law relative to the construction, maintenance, and financial responsibility for railroad viaducts and subways to specifically include railroad crossings and extends the authority of municipalities to parishes.

House Bill 1086 by Representative Tucker (substitute adopted on the House floor)(became HB 1388) consolidates the ports in the parishes of Jefferson, Orleans, St. Bernard, and Plaquemine.

House Bill 1108 by Representative Barrow (signed by the Governor-ACT 891) provides relative to the East Baton Rouge Redevelopment Authority.

House Bill 1219 by Representative Lorusso (subject to call - House final passage) provides relative to the taking of private property. Provides for compensation for the taking of private property relative to levee rights of-way and servitudes and establishes a 10-year prescriptive period for actions for compensation for property taken for levee rights-of-way and servitudes.

HOUSING

Senate Bill 224 by Senator Shepherd (signed by the Governor-ACT 874) requires that the board of each housing authority include at least one tenant and provides for a five member board of commissioners to govern local housing authorities with a certain population. Provides for related matters.

Senate Bill 520 by Senator Morrish (signed by the Governor-ACT 463) prohibits an action to collect a tax applicable to movables on certain purchases of certain manufactured homes between 9/1/05 and 12/31/06 used as residences in certain parishes which were impacted by hurricanes Katrina and Rita, if the basis of such action is the date upon which a declaration of immovability is recorded in the conveyance or mortgage records.

Senate Bill 569 by Senator Morrish (signed by the Governor-ACT 468) creates the Manufactured Home Tax Fairness Fund to be used for refunds of tax, penalty, and interest paid on purchases from September 1, 2005 through December 31, 2006 of manufactured homes used solely as residential housing for which a declaration of immovability is recorded, in certain parishes severely impacted by hurricanes Katrina and Rita.

Senate Bill 588 by Senator Cravins (signed by the Governor-ACT 469) allocates excess money from the Insure Louisiana Incentive Program Fund to a program of homeowner's insurnace premium reduction for individuals who paid a premium during the previous 12 calendar months. Adds provision specifying that if less than $35 million remains in the fund, then the remaining monies in the fund shall instead be used to accelerate payoff of the Unfunded Accrued Liability of the state retirement systems. Also exempts such use from review by the Joint Legislative Committee on the Budget.

Senate Bill 590 by Senator Broome (became law without signature of the Governor - ACT 228) authorizes the Louisiana Housing Finance Agency (LHFA) to establish a program for mortgage foreclosure counseling education. Requires LHFA to submit an annual report to the Senate and House committees on commerce on the operation of the program.

Senate Bill 611 by Senator Murray (signed by the Governor-ACT 791) provides relative to the New Orleans Redevelopment Authority. Authorizes the authority to acquire blighted or abandoned property by a declaration of taking pursuant to delegation of authority by the city of New Orleans.

Senate Bill 621 by Senator Cravins (substitute adopted on the Senate floor)(became SB 811- Became law without signature of the Governor ACT 912) creates the North Lafayette Redevelopment Authority.

Senate Bill 636 by Senator Murray (failed House final passage) provides for appeals from decisions of the office of community development on Road Home claims.

Senate Bill 674 by Senator Murray (subject to call - House final passage) authorizes certain housing authorities to utilize the design-build method for the construction or repair of any public building or structure in certain circumstances.

Senate Bill 678 by Senator Adley (signed by the Governor-ACT 880) deposits motor vehicle and state sales tax paid by a person on a mobile or manufactured home provided by FEMA or the GSA to Louisiana citizens and used or intended for use solely as residential housing and thereafter returned to such agencies into the FEMA Mobile Home Reimbursement Fund to be used solely for refunds of such amounts to such persons.

Senate Bill 710 by Senator Shepherd (became law without signature of the Governor-ACT 869) authorizes the Jefferson Parish Housing Authority to levy a tax without approval of the parish governing authority. Provides that the authority may only levy an ad valorem tax not to exceed one-half mill rather than being authorized to levy special taxes and fees.

Senate Bill 732 by Senator Gray (signed by the Governor- ACT 431) provides for a neighborhood enhancement program to be administered by the Louisiana Department of Culture, Recreation and Tourism. Creates the Magnolia Street Residential Neighborhood Enhancement Program within the Department of Culture, Recreation and Tourism, to assist municipalities in preparing and implementing a revitalization strategy for residential neighborhoods that are in close proximity to either a Louisiana Main Street Program project or an existing commercial district. Requires the department to create application forms for the grant program and award grants to municipalities and other eligible entities based on specific criteria. The department must require a map be furnished with all applications clearly identifying the residential neighborhood district. Provides additional requirements and eligibility.

Senate Bill 740 by Senator Shepherd (subject to call - Senate final passage) creates the Louisiana Road Home Program Applicants' Bill of Rights.

Senate Bill 749 by Senator Cravins (signed by the Governor-ACT 565) authorizes the Juvenile Justice Reform Act Implementation Commission to make recommendations concerning the Jetson Youth Center-East Baton Rouge Parish Unit.

Senate Bill 755 by Senator Hebert (signed by the Governor-ACT 872) provides relative to the Louisiana Road Home Housing Corporation Act. Provides certain criteria that housing assistance rendered by the Road Home Corporation or the Louisiana Land Trust or any other housing assistance program shall be subject to. Provides for the powers and responsibilities of the Road Home Corporation and the Louisiana Land Trust.

Senate Concurrent Resolution 89 by Senator Broome (filed with the Secretary of the State) protects Louisiana citizens from predatory lending practices.

Senate Concurrent Resolution 104 by Senator Shepherd (filed with the Secretary of the State) directs and authorizes the Louisiana Recovery Authority not to spend certain funds for community recovery projects for New Orleans.

House Bill 54 by Representative M. Guillory (became law without signature of the Governor-ACT 101) requires a local housing authority to enter into an employment contract with the executive director of the housing authority.

House Bill 118 by Representative Baldone (became law without signature of the Governor-ACT 102) Amends the definition of "contraband" with regard to items prohibited in state correctional facilities. Provides that an alcoholic beverage or other beverage which produces or may produce an intoxicating effect is defined as "contraband" unless authorized by the warden of the institution for employee residential housing areas. Provides that employee residential housing areas shall not include bachelor officer quarters. Further provides that a small amount of sacramental wine shall be permitted to be brought onto prison grounds for use by clergy as part of a religious service.

House Bill 125 by Representative E. Guillory (ACT 252) provides with respect to the permissible use of interest earned from inmates' compensation accounts.

House Bill 157 by Representative Connick (ACT 627) provides for proceedings on the 24th JDC Environmental docket.

House Bill 192 by Representative Arnold (ACT 254) provides changes to the requirements for licensure by the Louisiana Real Estate Commission.

House Bill 334 by Representative E. Guillory (ACT 106) enacts the Inmate Rehabilitation and Workforce Development Act.

House Bill 337 by Representative Burrell (signed by the Governor- ACT 819) provides relative to property taxes, tax sales, and adjudicated property. Provides general provisions, definitions, payment and collection. Further provides for tax sales of movable and immovable property, for adjudicated property and provides for redemptions and procedures to quiet tax title and to annul.

House Bill 523 by Representative Connick (ACT 587) authorizes Jefferson Parish to take certain actions in court relative to certain owners of deleterious premises.

House Bill 545 by Representative Arnold (Act 217) provides changes to the minimum standards for installation of manufactured homes.

House Bill 1156 by Representative Abramson (ACT 748) establishes the Grants for Grads Program and the Grants for Grads Fund for assistance to Louisiana college graduates in the purchase of a home.

House Bill 1231 by Representative G. Jackson (failed House final passage) authorizes the housing authority in certain parishes to levy and collect special taxes or fees.

House Bill 1297 by Representative Barrow (ACT 896) authorizes parish and municipal ordinances to secure or condemn and demolish and remove structures that endanger the public health and welfare, including payment of costs, and provides for national guard assistance

House Concurrent Resolution 190 by Representative Tucker (filed with the Secretary of the State) approves a proposed amendment, Action Plan Amendment Number 6, to the Action Plan for Fiscal Year 2006 Community Development Block Grant Disaster Recovery Funds for the Long Term Community Recovery Program and for Infrastructure Program Delivery.

House Concurrent Resolution 191 by Representative Tucker ((filed with the Secretary of the State) ) approves a proposed amendment, Action Plan Amendment Number 19, to the Action Plan for Fiscal Year 2006 Community Development Block Grant Disaster Recovery Funds for the Long Term Community Recovery Program and the Local Government Emergency Infrastructure Program: Primary and Secondary Education Infrastructure.

House Resolution 117 by Representative Baldone ((filed with the Secretary of the State) ) requests the House Committee on Commerce to study distributing earned interest on real estate broker escrow accounts to various entities

House Resolution 148 by Representative Ellington ((filed with the Secretary of the State) ) memorializes congress to recognize the need for support of the spouses of deceased veterans and the need for housing for homeless veterans.

IMMOVABLE PROPERTY

Senate Bill 25 by Dupre (Act 231) creates the Terrebonne Parish Veterans' Memorial District. Creates a governing authority of the district shall be a board consisting of

nine members. All members shall be electors domiciled in Terrebonne Parish, and a minimum of six members shall be honorably discharged veterans of a branch of the United States armed forces.

Senate Bill 133 by Donahue (Act 117) requires the Louisiana Agricultural Finance Authority to comply with public bid law.

Senate Bill 186 by Marionneaux (subject to call - Senate final passage) provides relative to certain prescriptive periods. Changes the liberative prescription period from one year to two years. Adds requirement to list an action for damages caused by the harvesting of timber without the consent of the owner and adds that a civil action pursuant to the present law is subject to a liberative prescriptive period of 5 years. Further adds a requirement that a civil action pursuant to the present law is subject to a liberative prescriptive period of 5 years.

Senate Bill 416 by Murray (ACT 877) enacts the Louisiana Unincorporated Association Act. Provides that immovable and movable property in this state may be acquired, held, encumbered, and transferred by an unincorporated association. Proposed law provides that an unincorporated association is a legal entity separate from its members for the purposes of acquiring, holding, encumbering, donating and otherwise transferring immovable and movable property. Proposed law provides that an unincorporated association may acquire, hold, mortgage, hypothecate, encumber, donate or otherwise transfer its interest in immovable or movable property.

Senate Bill 547 by McPherson (subject to call - House final passage) repeals provision requiring immovable property expropriated by DOTD which has not been used for departmental purposes within 15 years of the date of expropriation to be declared excess property and sold to the original owner at original cost.

Senate Bill 636 by Murray (failed House passage) provides for appeals from decisions of the office of community development on road home claims. Permits property owner who has adversely been affected by a decision or rulings of the office of community development in the administration of the Road Home Housing Corporation to appeal that decision or ruling to the district court for a judicial review de novo. Provides that the right to seek de novo judicial review shall be retroactive to the inception of the Road Home Program, both as to the interpretation of the Program and actions and decisions taken under the Program and also for the remedial purpose of addressing any issue, action or decision that has resulted in inconsistent results. Provides that appeals from the decision of the office of community development shall be lodged within 180 days from the date the decision is postmarked, or 90 days from the effective date of the proposed law.

Senate Bill 709 by Duplessis (ACT 677) provides for the duties of notaries and that They register documents involving certain immovable property in Orleans Parish. Provides that the notary cause an act of sale or any other act evidencing a transfer of immovable property situated in Orleans Parish to be registered with the office of the clerk as the recorder for the parish of Orleans within 48 hours after the passage of the act. Provides that the original of every authentic act, except chattel mortgages and acts related to real property outside of Orleans Parish, passed before a notary in Orleans Parish, and also every act, contract, and instrument, except money judgments and chattel mortgages filed for record in the offices of either the recorder of mortgages or the registrar of conveyances for Orleans Parish, shall first be filed in the notarial archives of Orleans Parish. Deletes the provision that notaries are liable to a penalty of $500 fine, to be recovered before any court of competent jurisdiction, for the use of the clerk's office, and also under the penalty of being liable for damages which the parties may suffer through the neglect of the notary to register acts. Proposed law deletes this provision.

Senate Bill 796 by McPherson (failed House final passage) excludes debt secured by statewide tax or statewide assessment approved the voters from the state debt limit. Provides that "net state tax supported debt" shall also not include any debt secured by statewide tax revenues or statewide special assessments which debt was authorized by a majority of the electors voting on the proposition at a statewide election.

House Bill 337 by Burrell (signed by the Governor- ACT 819) provides relative to property taxes, tax sales, and adjudicated property. Provides general provisions, definitions, payment and collection. Further provides for tax sales of movable and immovable property, for adjudicated property and provides for redemptions and procedures to quiet tax title and to annul.

House Bill 388 by Greene (ACT 632) provides relative component parts to immovable property. Further provides the criteria for things to be considered component parts of immovable property.

House Bill 417 by Baldone (ACT 488) changes the date interest begins to accrue on delinquent ad valorem taxes from 30 days after the deadline for payment of taxes to the first calendar day following the deadline for payment of taxes. Further changes the date from which interest accrues for delinquent ad valorem taxes from 30 days after the deadline for payment of such taxes to the first calendar day following the deadline for payment of taxes.

House Bill 445 by Greene (ACT 721) provides that the listing of property in the name of the tax sale purchaser shall occur in the same manner as the listing of non-tax sale properties. Provides that property sold at tax sale shall be placed on the assessment list in the manner provided for in R.S. 47:1952(A). From the date property is placed on the assessment list in the name of the tax sale purchaser, all taxes thereon shall after that date be assessed to and paid by the purchaser, until the property, or any part thereof, be redeemed.

House Bill 815 by Abramson (ACT 367) provides for prescriptive period for actions involving the sale of certain immovable property. Provides a prescriptive period for setting aside the sale of an immovable by a domestic or foreign corporation or unincorporated association. Changes the prescriptive period from 10 years to five years. Further provides that the prescriptive periods shall be retroactive and shall apply to all documents recorded prior to or after Aug.15, 2008, but if prescription has not already run and become final, the period in proposed law shall not become final until 10 years from recordation or Aug. 15, 2013, whichever occurs first.

House Bill 920 by Fannin (ACT 830) provides for changes to the Louisiana State Uniform Construction Code. Defines accessory structure and prohibits the governing authority of a parish or municipality from enforcing that portion of the state uniform construction code which regulates the construction or improvement of residential accessory structures. Prohibits certainofficers and providers from conducting plan review or inspections in certain circumstances. Allows the issuance of a certificate of registration in certain circumstances.

House Bill 1008 by Abramson (became law without signature of the Governor-ACT 924) requires the filing of an act of immobilization of a manufactured home with the secretary of the Department of Public Safety and Corrections and futher requires the department to maintain a public record of each such filing.

MOVEABLE PROPERTY

House Bill 1109 by Representative Fannin (ACT 49) ancillary appropriations for operating expenses of the state for Fiscal Year 2008-2009.Establishes and reestablishes agency ancillary funds. Provides for ancillary expenses of state government including internal service funds, auxiliary accounts, and enterprise funds.

PRIVILEGES/LIENS

Senate Bill 93 by Senator Quinn (Act 183) provides for the notice and place of filing of a federal lien on certain Additionally requires to present law that notices of federal liens upon vessels subject to the Vessel Titling Act not held as inventory for sale or lease be filed in the same manner.

Senate Bill 138 by Senator Quinn (subject to call- House final passage) provides for the cancellation of mortgages by affidavit of lost note.

PUBLIC BUILDINGS/GROUNDS

Senate Bill 671 by Senator J.R. Smith (ACT 560) authorizes certain parish governing authorities to name a courthouse annex building as the M. Bolivar Bishop Courthouse Annex Building.

Senate Bill 676 by Senator Lafleur (ACT 238) designates the visitor center at the Louisiana State Arboretum as the J.D. "Prof" Lafleur Visitors Center.

House Bill 583 by Representative Richardson (ACT 728) authorizes the Central Community School Board to exchange certain property and provides procedures for approval of such an exchange. Authorizes the Central Community School Board to convey unused school land, including 16th section land and provides certain procedural requirements. Changes the official journal in which the school board shall provide notice relative to public hearings on the exchange of land from that of the school board to that of the parish in which the land is situated.

House Bill 1149 by Representative M. Jackson (became law without signature of the Governor-ACT 905) authorizes the parish school board in certain parishes to name a stadium in honor of a former principal under certain circumstances.

House Bill 1164 by Representative Morris (became law without signature of the Governor-ACT 841) authorizes school boards to name certain buildings after living persons.

PUBLIC PROPERTY

Senate Bill 47 by McPherson (ACT 41) authorizes the transfer of certain state property in Rapides Parish by the Department of Health and Hospitals to the Red River Waterway District.

Senate Bill 242 by McPherson (subject to call - House final passage) authorizes the transfer of certain state property, located in Rapides Parish, from the Department of Health and Hospitals to the Department of Transportation and Development.

Senate Bill 270 by McPherson (ACT 535) authorizes the transfer of certain state property, located in Rapides Parish from the Department of Health and Hospitals to the Department of Transportation.

Senate Bill 335 by Cravins (ACT 415) reorganizes and recodifies the Louisiana Insurance Code. Amends R.S. 22 and directs the Louisiana State Law Institute to redesignate and renumber the current provisions of Title 22 into a new format and number scheme without changing the substance of the provision, to be comprised of R.S. 22:1 through 2371. Directs the Louisiana State Law Institute to change any reference to citations, chapters, parts, subparts, or other references is contained in the current provisions of Title 22 or in any other title or code of the revised statutes to reflect the new citations, chapters, parts, subparts, and references found in this Act.

Senate Bill 621 by Cravins (substitute adopted on the Senate floor)(became SB 811) (Pending gov) creates the North Lafayette Redevelopment Authority.

Senate Bill 657 by McPherson (ACT 429) establishes and provides for a statewide traffic incident management plan on state roads and highways.

Senate Bill 731 by Dupre (ACT 65) authorizes the transfer of certain state properties in the parish of East Baton Rouge.

Senate Bill 780 by Crowe (ACT 699) creates the Louisiana International Deep Water Gulf Transfer Terminal Authority. Requires the authority to enter into cooperative endeavor agreements with the local governing authority, as well as appropriate existing port commission, port, harbor and terminal district, or offshore terminal authority prior to acquiring lands or facilities within such ports, districts, or terminal authority. Adds the chairmen of the House and Senate committees on transportation, highways and public works or their designees as commissioners of the authority.

House Bill 495 by Lopinto (Act 214) provides relative to evacuations, curfews, and essential or critical workforce during a disaster or state emergency.

REAL ESTATE

Senate Bill 811 by Cravins (became law without signature of the Governor- ACT 912) provides relative to local redevelopment. Creates the North Lafayette Redevelopment Authority. Provides for the formation of a program or programs for the use of appropriate private and public resources to eliminate and prevent the development or spread of slum, blighted, and distressed areas; to allow the rehabilitation, clearance, and redevelopment of slum, blighted, and distressed areas; to provide for the expeditious conversion of blighted or underused property into habitable residential dwellings needed to address the influx of displaced persons due to the effects of hurricanes Katrina and Rita. Provides for the governing body, powers, duties, functions, and liabilities of redevelopment authorities, and provides for related matters.

House Bill 156 by Arnold (Act 197) creates the Peer Review Committee within the Louisiana Real Estate Appraisers Board.

House Bill 192 by Arnold (Act 254) provides for changes to the requirements for licensure by the Louisiana Real Estate Commission. Changes the requirement for an initial real estate broker applicant to first serve actively as a real estate salesperson from two years to four years prior to receiving initial licensing. Further changes the requirement that each real estate broker or salesperson receiving licensing must complete 45 post-license education hours within 180 days after the initial license date.

House Bill 212 by Arnold (Act 257) Provides relative to the sale of property by parishes and municipalities, including provisions relative to the payment of a fee or commission to a real estate broker. Further provides that the fee or commission shall not exceed 10% of the final sale price and also authorizes a parish or municipality to pay a broker's commission or fee, not to exceed 10% of the sales price, for assistance in the sale of any property.

House Bill 1086 by Tucker (substitute adopted on the House Floor)(became HB 1388) (pending conference) abolishes Jefferson Parish Economic Development and Port Authority, the Port of New Orleans, the Plaquemines Port, Harbor and Terminal District, and the St. Bernard Port, Harbor and Terminal District and consolidated them into the Lower Mississippi River Port Authority.

House Concurrent Resolution 177 by G. Smith (filed with the Secretary of State) memorializes congress to extend the GO Zone bonus depreciation benefit to all parishes in Gulf Opportunity Zone.

House Resolution 117 by Baldone (filed with the Secretary of State) requests the House Committee on Commerce to study distributing earned interest on real estate broker escrow accounts to various entities.

SEIZURES /SALES

Senate Bill 139 by Quinn (subject to call Senate final passage) provides for an increase in the amount of the homestead exemption from seizure and sale and a special waiver of homestead exemption in certain circumstances. Increases the homestead exemption from $25,000 to $250,000.

House Bill 768 by Abramson (ACT 828) provides for the prescriptive period and method of cancellation of a notice of seizure. Provides for automatic cancellation of the notice of seizure of affected property and provides for a 10-year prescription period. Further provides that cancellation of a mortgage, whether legal, judicial, or conventional, shall automatically cancel the notice of seizure of property affected by the mortgage. Requires a notice of seizure to prescribe 10 years after the date of recordation unless reinscribed in the same manner as an instrument creating a mortgage. Provides that any interested party may obtain cancellation of the notice of seizure on the basis of prescription of 70 years without submitting evidence that all costs due to the clerk of court and sheriff have been paid in full.

UNCLAIMED PROPERTY

Senate Bill 101 by Morrish (Act 47) provides for the transfer of surplus funds from the City Court of Jennings' civil fee account to the court's general operational fund.

House Bill 298 by Ellington (Act 201) authorizes City Court of Winnsboro to transfer surplus or unclaimed funds to the court's operational fund.

House Bill 1335 by Doerge (became law without signature of Governor-ACT 847) creates the Germantown Colony Museum in Webster Parish as a museum in the Department of State and is a historical, cultural, scientific, and technological educational institution with the purpose of researching, collecting, preserving, and presenting objects, documents, and the like that reflect the history of the Germantown Colony, Minden, Webster Parish, and northwest Louisiana. Further provides a museum governing board.



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