Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB63 Comm Sub / Analysis

                    HASBSB63 ALEXANDERX 3697
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 63	2024 Regular Session	Coussan
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
HOUSING. Provides for classification of factory-built homes.
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Make technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 63 Engrossed 2024 Regular Session	Coussan
Present law (R.S. 6:969.6, 969.18, and 969.20) provides for the Louisiana Motor Vehicle
Sales Finance Act.
Proposed law makes conforming technical changes.
Present law (R.S. 6:1083) provides for residential mortgage brokers and lenders.
Proposed law makes conforming technical changes.
Present law (R.S. 9:374) provides for the use of community movables and immovables.
Proposed law makes conforming technical changes.
Present law (R.S. 9:1149.1-1149.7) provides for the Manufactured Home Property Act.
Proposed law revises present law to provide for the Factory-Built Home Property Act.
Proposed law (R.S. 9:1149.1) provides for a short title.
Proposed law (R.S. 9:1149.2) provides a new definition of factory-built home to encompass
mobile homes, manufactured homes, and modular homes.
Proposed law (R.S. 9:1149.3) does not change present law in providing that factory-built
homes are classified as movable by default.
Proposed law (R.S. 9:1149.4) creates a presumption that any transfer of an immovable upon
which a nonimmobilized factory-built home is located includes all of the transferor's interest
in the home, subject to rights of third parties. 
Proposed law (R.S. 9:1149.5) does not change present law in providing that security interests
in a factory-built home are effective against third parties and take rank and priority as
provided in present law, Uniform Commercial Code - Secured Transactions, R.S. 10:9-101
et seq.
Proposed law (R.S. 9:1149.6) provides for the immobilization of factory-built homes.
Proposed law changes present law in that the declaration of immobilization does not have
to be an authentic act and must be filed in the conveyance records rather than the mortgage
records.
Proposed law also clarifies that the security interests of third parties are not lost upon
immobilization and the concurrence of third parties is required to immobilize the home.
Proposed law (R.S. 9:1149.7) provides for the deimmobilization of factory-built homes.
Proposed law changes present law in that the declaration of deimmobilization does not have
to be an authentic act and must be filed in the conveyance records rather than the mortgage
records. HASBSB63 ALEXANDERX 3697
Proposed law also clarifies that deimmobilization by removal or detachment is only possible
in the absence of third-party rights. Proposed law further provides that the concurrence of
a third party who has an interest in the factory-built home is required to deimmobilize the
home.
Present law (R.S. 9:3259.1 and 3259.3) provides for lessors' rights and privileges for unpaid
rent and lease payments.
Proposed law makes conforming technical changes.
Present law (R.S. 9:5363.1) provides for definitions for abandoned mobile homes and the
rights of secured parties.
Proposed law makes conforming technical changes.
Present law (R.S. 10:9-102) provides for the definitions of "manufactured home".
Proposed law makes conforming technical changes.
Present law (R.S. 22:1485) provides for the definition of "mobile home", "manufactured
home", and "manufactured housing".
Proposed law makes conforming technical changes.
Present law (R.S. 32:1) provides for the definition of "mobile home".
Proposed law makes conforming technical changes.
Present law (R.S. 32:412.1) provides for the collection of fees by the office of motor
vehicles.
Proposed law makes a technical correction to a cross-reference.
Present law (R.S. 32:702 and 707) provides for definitions of "vehicle" and for the
application for certificates of title.
Proposed law makes conforming technical changes.
Present law (R.S. 33:3081, 4562.1, and 9053.1) provides for various service charges to be
imposed on mobile homes.
Proposed law makes conforming technical changes to terminology and cross-references.
Present law (R.S. 40:1502.1-1502.13 and 1502.15-1502.16) provides for various service
charges to be imposed on mobile homes.
Proposed law makes conforming technical changes to terminology and cross-references.
Effective August 1, 2024.
(Amends R.S. 6:969.6(14)(b), (21)(b), (22) and (23)(a), 969.18(A)(6), 969.20(C)(1)(c) and
1083(6)(intro para), R.S. 9:374(B) and (C), 1149.1-1149.7, 3259.1(A), (B), (E) and (F),
3259.3, and 5363.1, R.S. 10:9-102(a)(53), R.S. 22:1485, R.S. 32:1(intro para) and (44),
412.1(A)(intro para) and (25), 702(16) and 707(A), R.S. 33:3081(A)(2), 4562.1(A) and
9053.1(C), and R.S. 40:1502.1(A)(2), 1502.2(A), 1502.3(A), 1502.4(A), 1502.5(A),
1502.6(A), 1502.7(A), 1502.8(A), 1502.9(A), 1502.10(A), 1502.11(A), 1502.12(A)(2),
1502.13(A)(2), 1502.15(A), and 1502.16(A))
______________________
Xavier I. Alexander
Attorney