Session Information

2004 Regular Session Highlights

Property

Act 19 (Senate Bill 503 by Senator Hietmeier) authorizes the state to sell surplus movable property through the use of electronic technology including internet web sites, privately or publicly owned, that facilitate such sales. Authorizes the commissioner of administration to pay any costs of the sale from the proceeds of such sale.

Act 141 (House Bill 1472 by Representative Murray) requires taxpayers who own property in Orleans Parish to send a change of address notice to the board of assessors within 30 days.

Act 177 (Senate Bill 146 by Senator Ellington) provides that in a proceeding to partition the community, the court may include, in the valuation of any community owned corporate, commercial, or professional business, the goodwill of the business. However, that portion of the goodwill attributable to any personal quality of the spouse awarded the business shall not be included in the valuation of a business.

Act 18 (Senate Bill 500 by Senator Lentini) adds that a notice of seizure is a required document in service upon a garnishee in accordance with C.C.P. Art. 2412. Provides that all effects of a seizure by garnishment of wages, salaries, and commissions cease if the garnisher fails to obtain a judgment within 180 days of the filing of answers to interrogatories affirming that the judgment debtor is employed by the garnishee and if no opposition is filed. The garnisher shall then be required to re-serve the garnishee if he again wishes to attempt seizure.

Act 303 (Senate Bill 227 by Senator Dardenne) provides for security on movable property.

Act 464 (Senate Bill 581 by Senator Schedler) provides that if a lessee persists in remaining on the property after order has been given that he be expelled, the lessee who is not the prevailing party in a resulting action shall be required to pay any court cost related to his expulsion.

Act 45 (House Bill 401 by Representative Flavin) reduces from seven years to five years the warranty period under the New Home Warranty Act for certain major structural defects. Clarifies that the exclusion from the warranty for trees includes existing and new trees.

Act 158 (House Bill 576 by Representative Bowler) provides for the giving of security by a usufructuary and the nature of the security. Also provides that security may be dispensed with by operation of law in the following circumstances: (1) When parent has usufruct over minor's property. (2) When a surviving spouse has a usufruct over the intestate decedent's share of community property, unless the naked owner is not a child of the marriage or is a forced heir. (3) When a parent has a legal usufruct over a deceased child's property, unless the naked owner is not a child of the parent. (4) When a surviving spouse has a legal usufruct over the marital portion, unless the naked owner is not a child of the marriage.

Act 437 (House Bill 1430 by Representative Bruneau) provides that no action for damages against any home inspector duly licensed under the laws of this state or against any home inspection company shall be brought unless filed in a court of competent jurisdiction and proper venue within the prescriptive period of one year from the date of the act, omission, or neglect is alleged to have occurred.

Act 59 (Senate Bill 67 by Senator McPherson) authorizes the governing authority of the city of Pineville to expropriate by a declaration of taking property needed for the Susek Drive Project.

Act 90 (House Bill 390 by Representative Murray) authorizes the city of New Orleans to expropriate property needed by the city for a street, drainage, water, utility, sewerage, or other capital project prior to judgment in the trial court fixing the amount of compensation due to the owner of the property.

Act 452 (Senate Bill 52 by Senator Ullo) requires additional information in residential property disclosures which informs a potential purchaser of the existence of a homeowners' association affecting the property.

Act 209 (House Bill 391 by Representative Murray) provides for the creation and ranking of liens and privileges in favor of municipalities with a population greater than 450,000 and for the enforcement of the liens and privileges by procedures for tax sales or ordinary process with citation and petition.

Act 24 (House Bill 1011 by Representative Johns) repeals the retroactive application of Section 2 of Act 1005 of the 2003 Regular Session relative to time limitations for options and rights of first refusal in contracts for the sale of immovable property. Declares the provisions of that Act to be substantive and to have prospective application only.

Act 40 (House Bill 317 by Representative Pinac) revises the procedure for appraisal of immovable property held by a state bank, whereby property valued at less than $250,000, a state bank shall annually perform an adequate evaluation of such property. If it is determined after adequate evaluation that the property has a value that is less than its book value, then the book value shall be reduced to reflect the correct valuation of the property in accordance with policies adopted by the commissioner.

Act 723 (Senate Bill 799 by Senator Mount) grants authorization for the Louisiana Housing Finance Agency to sponsor a statewide community housing development organization to facilitate the development of affordable residential rental housing in Louisiana. Also provides the authorization to originate and fund second mortgage loans to persons or households of very low, low, or moderate income as defined by the United States Department of Housing and Urban Development.

Act 419 (House Bill 897 by Representative Pinac) provides that the Uniform Standards Code for Manufactured Housing shall include any construction or installation-related standards adopted by the La. Manufactured Housing Commission. Amends the definition of the term "retailer". Provides for certain requirements for obtaining a developer's license. Provides that the administrative agent appointed by the governor shall be independent of the La. Manufactured Housing Commission and shall answer only to the office of the governor. Requires the marriage line on all multi sectional manufactured homes to be sealed at the ceiling line, the floor line, and the end walls to restrict any air infiltration into the home.

Act 349 (House Bill 1302 by Representative Murray) relative to the New Orleans Community Improvement Act, codifies provisions of such Act. Authorizes the city of New Orleans for the purposes of present law to formulate a workable program for the community improvement for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed rehabilitation, and to provide for the redevelopment of slum or blighted areas or to undertake other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program.

Act 444 (House Bill 1583 by Representative Gray) prohibits a local housing authority from terminating the tenancy of a household or a resident or terminating any other assistance provided by the authority for reasons of domestic abuse, dating violence, or family violence committed against the head of household, member of household, or resident. Provides exception which allows such termination in the case of the perpetrator of such abuse or violence.

Act 277 (House Bill 1266 by Representative Damico) authorizes alternative landowner notifications for coastal use permits if there are multiple owners of the same land and provides relative to appropriate uses of the Coastal Mitigation Account and offsetting payments in lieu of compensatory mitigation.

Act 459 (Senate Bill 308 by Senator Dupre) provides that the owner of the land on which a permitted activity is to occur shall have the option of requiring on-site or off-site compensatory mitigation on his property located in any jurisdictional area of the coastal zone or any area included in the Louisiana Coastal Wetlands Conservation Plan, notwithstanding any geographical limitation otherwise required by the regulations adopted by the secretary, provided that the secretary determines that the proposed mitigation is acceptable and sufficient.

Act 139 (House Bill 1401 by Representative John Smith) decreases the maturity date for jewelry pledged in pawnshops from six months to three months.

Act 294 (Senate Bill 21 by Senator Dupre) relative to cancellation of mortgage loans requires a mortgagee servicing agent or any holder of a note to execute and deliver sufficient acceptable documentation, including the original note or notes, and instructions regarding the cancellation of mortgage inscriptions to the mortgagor or the mortgagor's designated agent within 60 days after the date of receipt of full payment of the balance owed on the debt secured by the mortgage in accordance with a payoff statement.

Act 179 (Senate Bill 186 by Senator McPherson) provides a privilege to any person engaged in the making or repairing of marine vessels, marine vessel trailers, or marine vessel equipment for the debt due him for materials furnished or labor performed. Further establishes a process for sale of the property by the business after notice to the owner of the property as a remedy for the unpaid debt.

Act 440 (House Bill 1475 by Representative Walsworth) merges two definitions of "claimant" under the Public Works Act into one definition, by incorporating the varying provisions and by clarifying that only "licensed" architects, are claimants under the Public Works Act, and includes as claimants persons who rent or lease to contractors and subcontractors movables used at the site of the immovable.

Act 215 (House Bill 565 by Representative Farrar) makes applicable to Rapides Parish certain provisions relative to the rental or lease of sixteenth section school lands for hunting or trapping purposes.

Act 410 (House Bill 566 by Representative Farrar) authorizes the Rapides Parish School Board to exchange unused school land, including sixteenth section land, for other land in Rapides Parish in accordance with proposed law procedures. Requires public hearing and notice of such hearing and appraisal of lands being considered for exchange. Authorizes such exchange only upon determination, by a vote of a majority of the elected membership of the school board, that such exchange is for a valid purpose in the best interest of the school board and that the lands to be exchanged are of comparable value. Specifies that proposed law shall be construed to provide a complete and additional method for the school board to exchange unused school lands, including but not limited to sixteenth section lands.

Act 87 (House Bill 203 by Representative Frith) authorizes the transfer of certain state property situated in Vermilion Parish from the Dept. of Health and Hospitals to the Vermilion Parish Police Jury. Provides for the reservation of mineral rights to the state.

Act 327 (House Bill 395 by Representative Alario) authorizes the exchange and transfer of certain state property situated in Jefferson Parish between the secretary of Dept. of Culture, Recreation and Tourism and the Jefferson Parish Council. Provides for the reservation of mineral rights by the state.

Act 102 (House Bill 657 by Representative Quezaire) authorizes the transfer of certain state property situated in Assumption Parish from the Dept. of Transportation and Development to the Assumption Parish Police Jury.

Act 54 (House Bill 914 by Representative Mc Vea) authorizes the transfer of certain state property situated in West Feliciana Parish from the Dept. of Culture, Recreation and Tourism to the West Feliciana Parish Police Jury. Provides for the reservation of mineral rights to the state.

Notwithstanding the Criminal Code prohibition against naming a public building in honor of a living person several bills were passed allowing school boards and other governing authorities to do so, including the following:

Act 228 (House Bill 6 by Representative Faucheux ) authorizes a parish school board with a 40,000-60,000 population to name a gymnasium in honor of a former school board member who meets the following criteria: (1) He began serving as a member of the school board in the parish where the gymnasium is located before 1975; (2) He served as a school board member for at least 25 years and retired from the board after 2002; (3) He is at least age 70 and attended elementary school and graduated from high school in the parish.

Act 124 (House Bill 219 by Representative Walsworth) authorizes a parish school board in a parish with a 100,000-200,000 population to name a football stadium in honor of a school board member who meets the following criteria: (1) He was elected to the school board in the parish where the football stadium is located and took office prior to 1990 and has continued to serve as a school board member since then; (2) He has served as a coach, athletic director, and principal in the parish where the football stadium is located; Proposed law provides that proposed law shall be effective until Dec. 31, 2004, and shall be null and void thereafter.

Act 55 (House Bill 944 by Representative Scalise) names a portion of LaSalle Park in Jefferson Parish as the Oswald-Dubea Arboretum and Nature Center of LaSalle Park.

Act 289 (House Bill 1501 by Representative Alario) authorizes a parish governing authority in a parish with a 100,000-500,000 population to name an administrative building in honor of a former parish president who meets the following criteria; (1) He served as director of the recreation department in the parish where the administrative building is located prior to 1990; (2) He began serving as president of the parish where the administrative building is located prior to 2000; (3) He left the office of parish president in the parish where the administrative building is located after eight years of service. Proposed law provides that proposed law shall be effective until Dec. 31, 2004, and shall be null and void thereafter.

Act 290 (House Bill 1512 by Representative Alario) authorizes a parish governing authority in a parish with a 100,000-500,000 population to name a common entryway or entry plaza to parish administrative buildings in honor of a former parish councilman who meets the following criteria; (1) He served as a parish councilman for at least 20 years and such service began in 1980 or earlier; (2) He served as a state legislator representing a district that included part of the parish. Proposed law provides that proposed law shall be effective until Dec. 31, 2004, and shall be null and void thereafter.

Act 595 (Senate Bill 10 by Senator Dupre) authorizes the Terrebonne Parish School Board to negotiate and lease certain described properties to the Terrebonne Council on Aging, Inc. Provides for the reservation of mineral rights to the state.

Act 41 (House Bill 327 by Representative Durand) authorizes the transfer of certain state property in St. Martin Parish from the state to lessees of the property. Provides for the reservation of mineral rights to the state.

Act 101 (House Bill 637 by Representative Quezaire) authorizes the transfer of certain state property situated in Sabine Parish from the state to the Department of Transportation and Development. Provides for the reservation of mineral rights to the state.

Act 291 (House Bill 1564 by Representative Salter) authorizes the transfer to the Red River Parish Police Jury of certain state-owned immovable improvements on property located in Red River Parish.

Act 191 (Senate Bill 768 by Senator Hollis) requires a secured party who proceeds with seizure without judicial process to file a "Notice of Seizure" with the clerk of court where the collateral is located within seven days of taking possession of the collateral. The clerk of court is required to transmit the notice to the appropriate law enforcement officer of the parish where the collateral is located. Requires the secured party to pay $75 to the recorder of mortgages for each "Notice of Repossession" filed, as well as $250 to the appropriate law enforcement official where the collateral is located.

Act 468 (Senate Bill 805 by Senator Adley) adds federal earned income tax credit of the debtor as an item exempt from seizure except for seizure by the Department of Revenue.

Act 400 (House Bill 1445 by Representative Jack Smith) Authorizes the district attorney to authorize a licensed auctioneer to conduct a sale of forfeited property related to certain criminal activity.

Act 71 (Senate Bill 385 by Senator Lentini) requires tax commission members to file the same report as assessors and list all owned property by them or a member of their immediate family within the state along with the property assessment shown on the assessment roll. The report shall be filed with the Senate president, speaker of the House, and the Legislative Audit Advisory Council by December 15 of each calendar year.

Act 157 (House Bill 561 by Representative Walsworth) creates the crime of unauthorized entry of a critical infrastructure. Which is the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier including but not limited to: (i) chemical manufacturing facilities; (ii) refineries; (iii) electrical power generating facilities; (iv) water intake structures and water treatment facilities; and (v) transportation facilities such as loading and unloading docks.

Act 180 (Senate Bill 199 by Senator Smith) removes the sunset date from provision which authorizes the governor to enter into written agreements with the U.S. for concurrent jurisdiction over lands, waters, and improvements acquired, leased, occupied, or controlled by or for the U.S. for use by the Department of Justice or any of its component agencies or bureaus for the operation of correctional facilities.

Act 453 (Senate Bill 160 by Senator Hainkel) removes exception, for land which is zoned as suburban agricultural land, to the Louisiana Natural and Scenic River Act for certain tracts of land located along the banks of the Tchefuncte River from Highway No. 22 to Lake Pontchartrain.