2018 Legislative Session (Week 4)
LOUISIANA REALTORS • April 9, 2018
UPDATES FROM BILLS DISCUSSED IN WEEK 3
HOUSE BILL NO. 659, REPRESENTATIVE KENNY HAVARD, LIMITATIONS ON NON-CONSENSUAL TOWING
This bill would have put additional requirements on property owners who have vehicles towed off their lots for parking violations. Louisiana REALTORS® raised several concerns and the bill’s author was agreeable to preserving current law and property rights by amending the bill to address those concerns.
However, the bill was defeated after much opposition from the towing industry.
HOUSE BILL NO. 617, REPRESENTATIVE STEPHANIE HILFERTY, RESIDENTIAL PROPERTY DISCLOSURE
Louisiana REALTORS® had this legislation filed to clarify existing law following the Valobra v. Nelson case and subsequent changes to the residential property form.
The bill passed the House with unanimously and now heads to the Senate for further consideration.
SENATE BILL NO. 462, SENATOR DANNY MARTINY – INCLUSIONARY ZONING
Currently, Louisiana allows municipalities and parishes to pass inclusionary zoning ordinances to promote the development of affordable housing. Inclusionary zoning requires housing developers to sell or rent a proportion of their units below market rate, regardless of the economics of a project or whether the developer receives just compensation. Senate Bill 462 would instead allow municipalities and parishes to offer VOLUNTARY economic incentive policies to promote the development of affordable housing.
Louisiana REALTORS® will be resending a call to action next week to members who have not responded to the call to action on this important bill.
ADDITIONAL BILLS
HOUSE BILL NO. 386, REPRESENTATIVE KATRINA JACKSON, CHANGES TO SECURITY DEPOSITS FOR RESIDENTIAL LEASES
This bill proposed a law change on security deposits for residential leases and potentially placed additional burdens on residential lessors. Louisiana REALTORS® was opposed to certain components of this bill. The bill was defeated in the House Commerce Committee after much debate. There is a similar Senate bill that we will continue to monitor.
HOUSE BILL NO. 653, REPRESENTATIVE SIMON, INCLUDES ELEVATORS AND ESCALATORS AS LIFE SAFETY EQUIPMENT
This bill would require property owners to register elevators and escalators in their commercial buildings with the State Fire Marshal and to allow the state fire marshal to inspect these devices.
REALTOR® members expressed concerns that there are currently parishes and municipalities that already inspect these devices and the proposed law would have property owners in these areas subject to two inspections. An amendment was placed on the bill to exempt parishes and municipalities that are already inspecting these devices therefore only requiring property owners in these parishes and municipalities to have their elevators and escalators inspected by one entity.
REGULATION OF BOARDS AND COMMISSIONS
Several bills are going through the legislature to modify how boards and commissions operate. Some of these bills would have an impact on real estate licensees and LR will continue to work with the authors of these bills and will update members on changes or impacts as session progresses.
ACCESS THE BILL TRACKER
From the Louisiana Department of Insurance: Insurance Commissioner Tim Temple announced today that the Louisiana Department of Insurance (LDI) continues its work to develop a regulation creating benchmark discounts for Fortified roofs in Louisiana. The LDI is working with the National Association of Insurance Commissioners (NAIC) to develop the benchmark discounts using Louisiana-specific data, hurricane modeling and actuarial considerations. “With over 11,000 Fortified roofs in Louisiana and two years-worth of insurer experience with rating for those roofs in our state, now is an appropriate time for the LDI to establish benchmark discounts for homeowners insurance companies operating in our market,” said Commissioner Temple. “These benchmarks are being thoughtfully developed to help consumers receive the discounts they deserve for fortifying their homes while making sure insurers know the benchmarks reflect how much Fortified roofs actually mitigate their exposure to risk across Louisiana.” Like in Alabama’s Fortified benchmark discount structure, the LDI regulation would require Louisiana insurance companies to either meet the minimum benchmark discount established by the LDI or provide actuarial justification for why the company’s discount does not meet the benchmark. Louisiana is the fastest growing state for Fortified roofs in America. To date, over 11,000 Fortified roofs have been installed in Louisiana, including over 4,100 through the Louisiana Fortify Homes Program.
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