Louisiana 2010 Regular Session

Louisiana Senate Bill SB747 Latest Draft

Bill / Chaptered Version

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010	ENROLLED
SENATE BILL NO. 747
BY SENATOR JACKSON 
AN ACT1
To enact R.S. 49:220.10, relative to housing needs in declared disaster areas as a result of2
hurricanes Katrina and Rita; to provide with respect to Road Home Program3
applicants whose claims were denied because of unresolved succession and4
inheritance issues; to provide certain terms, conditions, and procedures; to provide5
relative to disbursal of certain funding; to provide for an effective date; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 49:220.10 is hereby enacted to read as follows:9
ยง 220.10.  Claims of certain Road Home Program applicants10
A. Notwithstanding any other provision of law to the contrary, those11
Road Home applicants whose claims were denied because of unresolved12
succession or inheritance issues shall be awarded a Road Home grant, together13
with a covenant restriction filed against the property to reserve the rights of the14
state of Louisiana, for any claims arising in favor of the state against the15
applicant subsequent to the awarding of the grant. The covenant restriction16
shall be satisfied and removed upon the occurrence of either of the following:17
(1) The signing of a judgment of possession in favor of the Road Home18
grant recipient subject to the covenant restriction.19
(2)  The sale or transfer of the property subject to the covenant20
restriction by the Road Home grant recipient in which the purchaser, heir, or21
beneficiary receiving the property executes a mortgage in favor of the state, or22
secures a mortgage from a third party and repays the state the amount of the23
Road Home grant received for the property.24
B. The division of administration, office of community development, is25
authorized to investigate annually the ownership status of property subject to26
the provisions of Subsection A of this Section, in order to protect its financial27
ACT No. 1012 SB NO. 747	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
interest in the property improved with funds from the Road Home grant1
program.2
C. Road Home funding for those applicants listed in Subsection A of this3
Section shall only be dispensed in accordance with revised program rules for the4
Road Home Program, as reflected in a duly amended Action Plan approved by5
the United States Department of Housing and Urban Development. In the event6
that the United States Department of Housing and Urban Development does not7
approve such amended Action Plan authorizing the use of funds in accordance8
with the provisions of Subsection A of this Section, Subsection A of this Section9
shall be without effect. 10
D. Nothing in this Section shall be deemed to create any right or cause11
of action.12
Section 2. R.S. 49:220.10 enacted by this Act shall not be affected by Section 5 of13
Act No. 5 of the 2006 First Extraordinary Session of the Louisiana Legislature, under which14
the statutory authority for the Louisiana Recovery Authority would cease.15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: