2004 Regular Session Highlights
by: Joe Guillory
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
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
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
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
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
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
U S PROPERTY
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.