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2008 Session Highlights
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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