Louisiana 2021 2021 Regular Session

Louisiana House Bill HB450 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 450 Reengrossed 2021 Regular Session	Cox
Abstract:  Provides for the procedure for obtaining criminal history record information, changes the
definition of builder, and gives the commission authority to suspend continuing education
requirements.
Present law requires the Dept. of Public Safety and Corrections, Bureau of Criminal Identification
and Information (bureau) to provide certain agencies with requested criminal history information.
Proposed law retains present law and adds the Louisiana Manufactured Housing Commission to the
list of agencies when the commission is reviewing applications for licensure.
Proposed law requires the commission to submit necessary information about licensure applicants
to the bureau in order for the bureau to make the bureau's criminal history record pertaining to the
applicant available to the commission.
Present law authorizes the La. Manufactured Housing Commission to obtain criminal history record
information from the bureau on applicants for any license issued by the commission.  Further,
present law authorizes the commission to charge and collect a fee from an applicant to cover the cost
of obtaining the applicant's criminal history record information.
Proposed law retains present law and requires the applicant to submit fingerprints and necessary
information to the commission, who shall submit the information to the bureau, and requires the
bureau to provide the commission with the applicant's criminal history record information.
Proposed law defines "extraordinary circumstances".
Present law requires the commission to set continuing education requirements and approve providers
and materials for continuing education courses.
Proposed law retains present law and authorizes the commission to suspend the continuing education
requirements under extraordinary circumstances.
Present law defines a builder to mean a person or an entity that designs, manufactures, or constructs
homes, including dealers, developers, manufacturers, and installers, whether or not the consumer
purchased the underlying real estate with the home or the builder initially occupied the home as his
residence. Proposed law repeals present law and defines a builder as the dealer who sold the home, the
manufacturer who constructed the home or any section of the home if it is a multi-section home, the
installer who installed the home, any person or an entity that designed, manufactured, or constructed
the home, whether or not the consumer purchased the underlying real estate with the home or the
builder initially occupied the home as his residence, or any person or entity licensed by the
commission.
Present law requires the owner to give written notice of defects to the commission by following
certain procedures, and requires the commission to give the appropriate builder a reasonable
opportunity to comply with present law.
Proposed law retains present law and adds that notice shall be required for each individual home that
is defective.
Proposed law defines "extraordinary circumstances".
Present law requires installers to attend one continuing education course per year and requires the
commission to set continuing education requirements and approve providers and materials for
continuing education courses.
Proposed law retains present law and authorizes the commission to suspend the continuing education
requirements under extraordinary circumstances.
(Amends R.S. 15:587(A)(1)(a), R.S. 51:911.24(I)(1), (2), and (J)(1), 912.3(1), 912.5(A), and 
912.27(A)(3); Adds R.S. 15:587(A)(1)(k), R.S. 51:911.22(14), 911.24(I)(3), and 912.21(14))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add a provision requiring the Dept. of Public Safety and Corrections, Bureau of Criminal
Identification and Information to make criminal record information available to the
commission upon request.
3. Add a provision requiring the commission to submit necessary information about an
applicant for licensure to the bureau in order for the bureau to make criminal record
information about the applicant available to the bureau.
4. Define "extraordinary circumstances".
5. Add a provision which limits the scope of the commission's authority to suspend
continuing education requirements authorized pursuant to proposed law to authorize the
commission to suspend such requirements due to extraordinary circumstances.