Blog Layout

2022 Legislative Session Wrap Up

Louisiana REALTORS • Jul 07, 2022

The 2022 Regular Legislative Session was fast and furious this year and your Louisiana REALTORS® Advocacy Team burned the midnight oil on your behalf. In fact, Louisiana REALTORS® tracked over 200 pieces of legislation on behalf of the real estate industry and appeared at the Legislature daily to ensure your profession was represented and Louisiana citizens’ property rights were protected.

 

These efforts led to the successful passage of bills that will make improvements for the profession and consumers you serve. These efforts also led to effectively stopping legislation in its tracks that would have been bad for your profession and the consumers you serve or amending all objections out of many bills that without your involvement would have been detrimental. 


Legislative Bill Tracker

  • CONSTITUTIONAL AMENDMENTS

    HB No.  395/Act No. 171 (Constitutional Amendment) 

    by Representative Matthew Willard


    What: The current Louisiana Constitution allows for a special assessment freezing property tax rates for those who are permanently disabled.  In addition to being permanently disabled, to qualify for the special assessment a person’s adjusted gross income must not exceed $100,000 and permanently disabled persons are required to provide re-certification of their income to their tax assessor each year to continue to receive the special assessment.


    This constitutional amendment proposes to remove with the requirement that permanently disabled persons be required to annually re-certify their adjusted gross income level to continue to receive the special assessment.


    Position:  Initially Opposed/Neutral following issuance of fiscal note and testimony and debate regarding the legislation


    Status: To be determined by voters November 8, 2022


    Why the Position Changed: The fiscal note, testimony regarding the issue, and fact that tax assessors were supportive of the proposed legislation indicated the initial concern of Louisiana REALTORS’ about the potential fiscal impact of the legislation on local government may not have been warranted and it is best to have the issue determined by the voters on November 8th.  


    HB No.  599/Act No. 172  (Constitutional Amendment) 

    by Representative Beau Beaullieu


    What: In parishes that have elected to do so, the current Louisiana Constitution provides that a veteran may be eligible for a property tax exemption above the homestead exemption if he or she has a service-connected disability rating of 100% unemployability or total disability and that the surviving spouse of a qualifying veteran can also benefit from this exemption. 


    The constitutional amendment proposes this property tax exemption to be 100% for veterans with a service-connected disability rating of 100% unemployability or total disability and to be a sliding percentage based upon the assessed value of the homestead property for veterans with service-related disability ratings ranging from 50% to less than 100%.


    Position: Neutral


    Status:  To be determined by voters November 8, 2022


  • PROPERTY

    HB No.  293/Act No. 458 

    by Representative Stephanie Hilferty


    What:  Beginning January 1, 2023, all one- or two-family dwellings will be required to have a carbon monoxide detector with a long-life, sealed battery at the time the dwelling is sold or leased.  This will apply to all one- or two-family dwellings including those without gas service due to the prevalent use of portable gas operated generators.


    Effective Date:  January 1, 2023


    Position: Support


    Why: Following Hurricane Ida, Louisiana lost six citizens due to carbon monoxide poisoning caused by improper generator use.  Following Hurricane Laura, 10 died from carbon monoxide poisoning caused by improper generator use.  The presence of a carbon monoxide detector may have prevented these 16 deaths.


    The failure to comply with the proposed requirement would not be a reason for nonpayment of any insurance claim, would not cause a delay or stoppage in the transfer of property, and the real estate agent would not be liable for the seller’s failure to comply with the proposed requirement.


    HB No. 549/Act No. 481 

    by Representative Delisha Boyd


    What: This law prohibits restrictive covenants based upon religion or race and prohibits the enforcement of existing restrictive covenants based upon religion or race.  The law also applies to property covenants in general and those included in documents pertaining to condominiums, homeowner associations, and timeshares.  


    Effective Date:  August 1, 2022


    Position: Support


    Why:  Unfortunately, in the past race or religion based restrictive covenants were recorded against properties. Some covenants would single out particular races of people that were excluded from owning or occupying the property. Others would limit ownership or occupation to one particular race. Sometimes, these restrictions would be based on religion.


    In 1948, the United States Supreme Court ruled these covenants could not be enforced. In 1968, the United States Congress passed the Fair Housing Act, which banned covenants discriminating on the basis of race, color, religion, or national origin.  


    Amending Louisiana law to prohibit enforcement of race or religion-based covenants reinforces the REALTOR® Party value of equal opportunity in housing.



  • PROPERTY INSURANCE

    SB No. 264/Act No. 69 

    by Senator Joseph Bouie


    What:  This act increases the minimum capital and surplus requirements for all insurers licensed to write “fire and allied lines” and/or “homeowners’ insurance” from $3 million to $10 million. Current licensed insurance companies issuing this insurance will be required to have $5 million in capital and surplus by 2026 and $10 million by 2031.  Newly licensed insurance companies will be required to have the new capital and surplus requirements January 1, 2023.


    Effective Date:  August 1, 2022


    Position: Support


    Why: In the past year, property insurers have been leaving Louisiana by choice or because they are insolvent.  Some believe the reason for the exodus and/or the insolvency of these companies is due to their failure to purchase enough reinsurance or have adequate reserves to properly respond to active hurricane seasons and increasing building prices.  


    Therefore, this law was enacted to require property insurers to be better prepared to meet the demands of active hurricane seasons while also not driving existing insurers out of the state.


    HB No. 521/Act No. 157 

    by Representative Mike Huval


    What: This act will require that all property insurers to file a plan with the Louisiana Department of Insurance explaining how they will timely facilitate and adjust a sudden surge in claims.


    Effective Date: January 1, 2023


    Position:  Support 


    Why: This legislation will hopefully ensure that insurers (1) have a plan for how they will handle a sudden increase in claims, especially after devastating hurricanes; and (2) ensure that the Department of Insurance can hold insurers accountable for following through with these plans.


    SB No. 163/Act No. 80 

    by Senator Kirk Talbot


    What:  This act mandates that the Commissioner of Insurance require insurers to send a catastrophe claims process disclosure form to policy holders who make claims after an event that is declared a state emergency.  The form will include information such as an explanation of the claims process and the manner through which the insurer should communicate with the insured, the rights and protections a policyholder has under state law, an explanation of the duties a policyholder has in order to settle an insurance claim, an explanation of the items necessary to properly document an insurance claim, and more.


    Effective Date: January 1, 2023


    Position: Support


    Why: Filing a property claim with one’s insurance in the aftermath of a devastating storm adds stress to what is already a chaotic time.  The information required to be sent to those who file claims during these times will hopefully demystify the process so that consumers and insurers can negotiate a fair and equitable claim settlement.


    SB No. 412/Act No. 754 

    by Senator Kirk Talbot


    What: This act offers grant incentives to encourage new insurance companies to join the Louisiana property insurance market in the wake of the 2020 and 2021 hurricane seasons.


    Effective Date: August 1, 2023


    Position: Support


    Why: In the past year, property insurance companies have been leaving Louisiana by choice or because they are insolvent.  It is hoped that this will bring new property insurers to Louisiana.  The act is similar to legislation following Hurricanes Katrina and Rita.



    HB No. 612/Act No. 554 

    by Representative Mike Huval


    What: This act authorizes the Department of Insurance to make financial grants available to retrofit roofs of insurable property with a homestead exemption to help the property resist loss and meet or exceed the "fortified roof" standard of the Insurance Institute for Business and Home Safety.  


    The act does not create entitlement for property owners to receive funding to inspect or retrofit residential property and grants will only be available if dollars are appropriated for the program.


    Louisiana REALTORS® will post information about this program on its website when the information is made available. 


    Effective Date:  January 1, 2023


    Position:  Support


    Why:  Fortifying roofs to withstand future storms will likely save homeowners, insurers and the state and federal governments money in the long run.



    HB No. 682/Act No. 389 

    by Representative Chad Brown


    What:  This act requires the Louisiana Department of Insurance to create a database of insurance claims adjusters that includes both regularly licensed adjusters and out-of-state adjusters with an emergency registration following a catastrophe.


    Effective Date:  January 1, 2023


    Position: Support


    Why: This act will hopefully provide consumers with a tool to learn about adjusters following an emergency and increase the chances that consumers are working with legitimate adjusters who are here to help consumers rather than prey upon them.


    SB 198/Act No. 263 

    by Senator Kirk Talbot


    What:  This act establishes standards for communication and status updates between a residential policyholder and their insurance company following a named storm or hurricane.


    Effective Date:  August 1, 2023


    Position: Support


    Why:  In the past two years, many consumers have complained that so many insurance representatives contact them after making a claim that they are unsure of who to communicate with after a claim is made.  By establishing what's commonly referred to as a three-adjuster rule, this legislation seeks to improve the efficiency of communications between insureds and insurers following a named storm or hurricane. 


    HB No. 83/Act No. 434 

    by Representative Laurie Schlegel


    What:  This act requires residential insurers to interpret all actions of a civil authority without regard as to whether formal orders of evacuation are issued when fulfilling “loss of use” benefits.


    Effective Date: January 1, 2023


    Position: Support


    Why: Loss of use coverage was previously triggered by an official state of emergency order, but some insurers provided loss of use coverage following an evacuation order.  However, often approaching storms rapidly change course or increase the speed in which they are arriving, and an emergency declaration or evacuation order is not made certain areas.  This resulted with some insurers voluntarily covering claims in certain areas and others declining to do so. This law instead, will allow insurers to take the “totality of the circumstances” into account when determining whether to fulfill loss of use benefits.



  • HOMEOWNER ASSOCATIONS

    HB No.  57/Act No. 603 

    by Representative Paul Hollis


    What:  As originally filed, this bill would have required a 45-day notice period prior to a homeowners’ association filing a lien and reduce the enforcement period of that lien to 90 days rather than five years.  


    However, amendments were adopted to keep a five-year lien period for monthly or periodic dues or fee assessments for particular expenses or capital improvements that are reasonable for maintenance, improvement or safety of the community, but create a one year lien period for alleged violations of community documents.  


    Effective Date:  August 1, 2022


    Position:  Oppose as introduced/Support as amended


    Why: Liens are the only practical way a homeowners’ associations can collect past due assessments and charges without filing suit.  Louisiana REALTORS® originally opposed this bill because it would have reduced a lien’s enforceability to 90 days rather than five years. This would have likely forced homeowners’ associations to file lawsuits against residents to ensure that charges and assessments were paid.  This would have included all liens regardless of whether the lien was for assessments or violations of community documents.  


    With the adopted amendments, however, the legislation will allow the homeowners’ associations to continue to enforce liens for 5 years for assessments which homeowners have an obligation to pay but reduce the number of years which an HOA can enforce a lien for violations of community documents where differences of opinion or varying levels of enforcement may be present or perceived to be present.  This is a commonsense compromise.



    HB No.  1058/Act No. 581 

    by Representative Paul Hollis (formerly HB NO. 387) 


    What the Bill Originally Would Have Done: As introduced, this bill would have required advertisements of property listed for sale by a real estate licensee to include any required obligations of membership in a homeowner’s association and that real estate licensees representing a buyer of a property “sold subject to a required membership in a homeowners’ association” to provide the buyer with a copy of all association covenants and governing documents”. 


    Louisiana REALTORS® worked with Representative Hollis and representatives for homeowners’ associations to amend all objections out of the original bill and to not put additional burdens on real estate agents.


    What the Act Does Now: As amended and passed, this legislation only pertains to updating the residential disclosure document to address potential issues with the current disclosures regarding covenants, restrictions and homeowner association governing documents.  


    The Louisiana Real Estate Commission will need to update the residential disclosure document to reflect the law change.  The commission has until 2023 to do this.


    Effective Date: January 1, 2023


    Position: Oppose as filed/Support as amended


    Why:  The amendments to the legislation removed all the objectionable items from the original bill and instead made good consumer protection changes to the residential disclosure law.  


    Louisiana REALTORS® thanks Representative Hollis and homeowner associations’ representatives for working with us on this legislation to improve disclosures for the public.


    SB No. 109 

    by Senator Rick Ward


    What: SB No. 109 would have been an overhaul of the law governing the establishment of planned communities in Louisiana and how the HOAs in these communities operate once established.


    In 2014, the Legislature requested that the Louisiana State Law Institute study and make recommendations regarding state laws governing common interest ownership regimes, including but not limited to homeowners’ associations, condominium developments, townhomes, and real estate cooperatives.


    In response, the Law Institute created the Committee on Common Interest Ownership.  SB No. 109 is the result of a 7-year study on homeowners’ associations by this Committee.  The Committee took up HOA laws first because these laws needed the most work.


    Position:  Neutral


    Status: Louisiana REALTORS® reviewed the 61-page bill and then met with members of the Law Institute to discuss the potential implications of the bill. Following this meeting, Louisiana REALTORS® was informed that the bill would not be heard this year.   Louisiana REALTORS® will have discussions regarding this subject with the Law Institute and other interested parties over the next few months.


  • FEES FOR TAX ASSESSMENT ROLLS OR LISTS

    HB No.  637 

    by Representative Beau Beaullieu


    What:  This bill would have authorized an assessor to collect an additional fee from persons requesting assessment rolls or lists.  The bill is a response to litigation surrounding how a tax assessor is required to provide the assessment rolls and lists when a public records request is made.


    Current Status:  Representative Beaullieu agreed not to pursue the bill further once it reached the House floor and we will speak to both vendors and assessors about the issues surrounding the subject during the interim.  We thank Representative Beaullieu for listening to the concerns and being responsive.  


    Position: Oppose


    Why:  This could have potentially increased costs to MLS vendors which in turn could have increased the costs of doing business for REALTOR® members. 




  • LEASE

    HB No. 160 by Representative Mandie Landry


    What: In parishes subject to a federal disaster declaration, a residential tenant’s prolonged absence would not be used as proof of abandonment for thirty days following the initial declaration of a federally declared disaster thereby assuring tenants’ that their absence after a natural disaster would not be cited as a reason to evict them. 


    Effective Date:  August 1, 2022


    Position: Opposed as Filed/Neutral as amended


    Why:  As amended, the bill strikes a balance between protecting property rights and protecting tenants following community wide disasters.  Louisiana REALTORS® shared your concerns about the bill as filed with Representative Landry and she addressed each and every concern that was raised in amendments adopted by the committee.  We thank her for her willingness to work together on this important issue.  



  • FAIR HOUSING/DISCRIMINATION

    HB No. 1063 

    by Representative Matthew Willard (originally HB No. 665)


    What:  This bill would have required a housing provider to make certain disclosures and take certain steps upon rejecting an application of a person with a criminal background.  If the housing provider did not make these disclosures or take these steps, the attorney general or the applicant could have filed suit against the housing provider for violations of Louisiana’s fair housing laws.


    Status: Defeated in the Senate Committee on Commerce, Consumer Protection, and International Affairs 


    Position:  Oppose


    Why:  This bill would have made a housing provider’s failure to provide an applicant with the required written disclosures a “discriminatory housing practice,” potentially exposing the housing provider to civil enforcement actions brought by the attorney general or private enforcement by an aggrieved person pursuant to the Louisiana Equal Housing Opportunity Act.  


    It also did not appear to protect housing providers against civil actions arising out of a failure to provide an applicant with the required written disclosures because the immunity provided focused on the “rental of” the property and not the disclosure aspect.


    Louisiana REALTORS® reminds housing providers that while a criminal record is not a protected characteristic under state or federal fair housing statutes, HUD stresses that criminal history-based barriers to housing have a statistically disproportionate impact on minorities, which are a protected class under state and federal law, and as such, creating arbitrary or blanket criminal-based policies or restrictions could violate fair housing laws.  For more information on this subject, please visit:  https://www.nar.realtor/articles/fair-housing-act-criminal-history-based-practices-and-policies

     

    HB No. 253 

    by Representative Kathy Edmonston


    What:  This bill would have made vaccination or immunity status a protected characteristic under Louisiana’s fair housing laws as well as made vaccination or immunity status a protected characteristic in every other area of law pertaining to discrimination.


    Status:  Did not go to vote on House floor 


    Position: Opposed with bill included Fair Housing language/Neutral without 


    Why: Louisiana REALTORS® opposed the original version of HB No. 253 because it was the only one of the approximately 32 vaccine related bills filed this year that would have directly impacted your clients and your real estate business.  It would have done this by adding vaccination and immunity status as protected characteristics under Louisiana fair housing laws.  


    Prior to COVID-19 and during COVID-19, you have assisted your clients in buying, selling, and leasing property while at the same time finding solutions to accommodate anyone with health concerns whether they be about be about allergies, autoimmune disorders, dementia, or if someone has or has not been vaccinated for COVID-19 or any other disease for which there is a vaccine or natural immunity.  We are certain you will continue to do this without issue. Therefore, adding vaccination or immunity status to the list of characteristics protected by fair housing laws would be a solution in search of a problem.


    HB No. 303 

    by Representative Aimee Freeman


    What:   This bill would have included gender identity and sexual orientation as protected classes in Louisiana’s state Fair Housing laws.  The bill defined “gender identity” to mean “a person's actual or perceived gender-related identity with or without regard to the person's designated sex at birth” and “sexual orientation” to mean “a person's actual or perceived heterosexuality, homosexuality, or bisexuality”.


    Status:  This bill failed to pass the House floor.


    Position: Neutral


    HB No. 1083/Act No. 529 

    by Representative Candace Newell (originally HB No. 41)


    What: Act No. 529 adds “natural, protective, or cultural hairstyles” to the protected characteristics protected by Louisiana’s laws against discrimination, including the state’s fair housing laws. 


    The law defines “natural, protective, or cultural hairstyles” to include but not be limited to “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.”


    Effective Date:  August 1, 2022


    Position: Neutral


  • APPRAISAL

    SB No. 367/Act No. 547 

    by Senator Cameron Henry 


    What:  With Act No. 547, Louisiana fully adopts the “Practical Applications of Real Estate Appraisal (PAREA)” program, as authorized by the Appraiser Qualification Board.  The law now allows for Louisiana to also recognize a Licensed Residential Appraiser, a third appraiser license type, as authorized by the Appraiser Qualification Board.  


    Effective Date:  June 17, 2022


    Position:  Support


    Why:  The law is anticipated to reduce barriers to entry to the appraisal profession and provide an alternate path or opportunity for licensure of appraisers in the state, without the requirement of a sponsoring, supervising appraiser. Recognizing and implementing this license type creates a path to professional licensure as an appraiser without the requirement of a bachelor’s degree.


    While this law is effective as of June 22, 2022, it will likely take the Louisiana Real Estate Appraiser Board some time to implement it.



    SB No. 222/Act No. 415 

    by Senator Eddie Lambert


    What:  This bill makes changes to the Louisiana Appraisal Management Company Licensing and Regulation Act and of the state appraisal regulatory programs for property appraisers.   


    Effective Date: June 15, 2022


    Position:  Neutral



    SB No. 291 

    by Senator Eddie Lambert


    What:  This bill would have required any first-time applicant for a license issued by the Louisiana Real Estate Appraiser Board to have a fingerprint background check.


    Position: Support


    Status:  Pending in the House Committee on Commerce.  It was determined that this bill would have had a revenue raising impact and therefore could not originate in the Senate.  Rather than raise potential legal issues based upon this, the author and the Louisiana Real Estate Appraiser Board determined it would be best not to move the bill and pursue the legislation with a House author next year.


    Why:  Louisiana REALTORS® supported this bill for the same reason it supported HB No. 586/Act No. 553 by Representative Polly Thomas requiring the same for first time real estate license applicants undergoing a fingerprint based criminal background check.

      



  • LICENSING

    HB No.  1053 

    by Representative Julie Emerson


    What: HB No. 1053 would have exempted a licensed attorney who has a real estate sales agent license from having to meet the 150-hour broker education requirements, taking or passing the broker exam, or being a licensed real estate sales agent for four years prior to getting a real estate brokers license.  


    Current Status:  The bill was scheduled to be heard in the House Commerce Committee, but Chairman Paula Davis announced that the author asked that the bill be voluntarily deferred.  The bill never appeared on another committee meeting agenda again.


    Position: Oppose


    Why: Having a broker license encompasses responsibilities that require more than an understanding of the forms and processes of getting a transaction to closing.  The ability to read contracts and do title work does not qualify an individual to be a real estate broker, run a brokerage business, or supervise sales agents. The majority of knowledge to practice real estate and protect consumers is gained in the field as a sales agent working through transactions with all types of people and in different markets.  A broker needs a lot more than knowledge of the principles and theories of real estate.


    HB No. 586/Act No. 553 

    by Representative Polly Thomas


    What:  This act requires any first-time applicant for a real estate sales license or first-time broker’s license applicant to have a fingerprint background check.  


    Effective Date:  January 1, 2023


    Position: Support


    Why: Currently the Louisiana Real Estate Commission conducts background checks for real estate license applicants utilizing the applicant’s name and social security number.  This is an outdated and unreliable method that results in licenses being issued or denied due to social security numbers being incorrectly inputted or applicants having the same name as someone with disqualifying background.  The method authorized by the legislation should make the Louisiana Real Estate Commission more efficient and ensure applicants who meet all qualifications receive a license while allowing LREC to better protect the public.


    Louisiana REALTORS® will post any pertinent updates about this new law when made available.



    HB No. 488 

    by Representatives Polly Thomas and Delisha Boyd


    What:  This is the bill that attempted to bring wholesalers under the real estate licensing law.


    Wholesaling is the practice of putting a piece of property under contract and then assigning the wholesaler’s interest in the property for a profit for the wholesaler. With the past few years being a seller’s market, you have told us about the increase in wholesaling and the problems that are associated with the practice such as misleading sales tactics, predatory contracts, and clouding title to properties. Further, you tell us that consumers are upset when they agree to sell their homes to a wholesaler and learn that the person or entity who offered to purchase their home is assigning the purchase contract to a third party for a profit instead of purchasing it themselves.


    Position: Support


    Why LR Supported: If wholesalers were required to be a licensed real estate professional, they would have had to follow the same laws and regulations that you do when assisting consumers in buying and selling property.  This approach has been taken by other states to rein in predatory wholesaling.


    Why It Did Not Pass: Based on their questioning, most of the Louisiana House of Representatives Committee on Commerce did not agree with the licensing of wholesalers.  It appears that this is in large part because the trend in legislatures nationwide is to deregulate all professions and occupations rather than bring new activity under the supervision of a licensing board.  This movement impacted the ability of this bill to move forward.  However, Representative Candace Newell’s questioning of the bill and her motion to report the bill out of committee proved that the issue was well explained in committee and did have support.  We thank her for her assistance with the bill.


    But, in the end it was decided to not have the committee vote on the bill and to try again next time.  Please note that it has taken every state that has addressed this issue 3 to 4 years at their legislature before being successful.  


    Next Steps:  Between now and next session, we will work to find alternative solutions that do not include licensing to address the issue of wholesaling and its impact on property owners.


    HB No. 555/Act No. 483 

    by Representative Charles Owen


    What:  As filed, this bill would have required all professional occupational licensing boards and commissions in Louisiana, including but not limited to the Louisiana Real Estate Commission and Louisiana Real Estate Appraiser Board, to issue licenses in their respective occupations and professions to any person with a similar license issued by another state which is sometimes referred to as “universal recognition”.  


    As amended and enacted, the legislation no longer requires the issuance of any type of professional or occupational license and only requires all boards and commissions to provide statistics about the number of licenses issued or denied and to submit a summary of their licensing requirements to two legislative committees. 


    Position:  Oppose as introduced/Support as amended


    Why: Louisiana REALTORS® opposed the bill in its original form because it could have resulted in the Louisiana Real Estate Commission and Louisiana Real Estate Appraiser Board being required to issue licenses to those who hold licensees issued by states that do not require equivalent training or testing for license applicants or to applicants with no ties to the state.  


    The current law and rules on this subject allow for reciprocity which is a process that allows Louisiana to issue a license if it determines equivalency exists and the other state also issues licenses to Louisiana license holders in the same manner.


    Louisiana REALTORS® supported the bill as amended and adopted because the information required to be produced will likely be helpful to legislators and the public in determining which professions and occupations have substantial barriers to entry and therefore need reform. 


    HB No. 639/Act No. 486 

    by Representative Thomas Pressly


    What: This legislation primarily does the following:


    (1) Allows a person to at any time to request and professional and occupational licensing boards and commissions to decide if the person’s criminal conviction history will disqualify them from being issued a license 

    (2) Requires professional and occupational licensing boards and commissions to post on their websites whether criminal convictions may be used for denial of full licensure.

    (3) Requires  all professional or occupational licensing boards and commissions provide the following to a person it intends to deny licensure to solely or partially because of a criminal conviction: 

    • Reasons his or her conviction has been determined to be directly related to the profession for which the license is sought

    • Findings of fact for certain factors which a licensing entity is now required to consider in determining whether a conviction is directly related to a licensed activity



    Status: Effective August 1, 2022


    Position:  Oppose


    Why:  Louisiana REALTORS® opposed this legislation because the process it sets up to issue licenses to those with criminal convictions may have problematic unintended consequences.  It did not oppose to the pre-determination requirement or website posting requirements.


    These unintended consequences may be that lawyers and courts interpret this process to require all professional or occupational licensing boards and commissions to issue licenses to those with criminal convictions as long as those convictions do not directly relate to the profession or field in which the license is sought. 


    If the legislation is indeed read this way, then the Louisiana Real Estate Commission may be required to issue licenses to those with convictions for violent crimes or crimes where fraud is an element as long as the fraud did not occur in conjunction with a real estate transactions and, if they do not issue the licenses to those with these convictions, then end up having a court force them to do so. 


    SB No. 483

    by Senator Stewart Cathey, Jr.


    What:  As filed, this bill would have required all professional occupational licensing boards and commissions in Louisiana, including but not limited to the Louisiana Real Estate Commission and Louisiana Real Estate Appraiser Board, to issue licenses in their respective occupations and professions to any person with a similar license issued by another state which is sometimes referred to as “universal recognition”.  


    Senator Cathey was extremely receptive to suggestions to improve this legislation.  We thank him for his willingness to listen to the concerns and make changes to his bill. 


    Position:  Oppose as introduced/Neutral as amended


    Status: The bill did not come to a vote on the House floor.


    Why:  Louisiana REALTORS® opposed the bill in its original form because it could have resulted in the Louisiana Real Estate Commission being required to issue licenses to those who hold licensees issued by states that do not require equivalent training or testing for license applicants or to applicants with no ties to the state.  The current law and rules on this subject allow for reciprocity which is a process that allows Louisiana to issue a license if it determines equivalency exists and the other state also issues licenses to Louisiana license holders in the same manner. 


    It was not until the Louisiana Real Estate Commission and several other occupational and professional licensing entities were exempted from the legislation that Louisiana REALTORS® changed its position to neutral. 


    SCR No. 4 

    by Senator Stewart Cathey, Jr.


    What: This legislation repeals administrative licensing requirements for residential specialty classifications, including: pile driving, foundations, framing, roofing, and masonry/stucco. 


    Position:  Support


    Effective:  August 1, 2022


    Why: It was reported that very few specialty classification licenses or subcontract-labor-only licenses were issued and the framework enacted a few years ago was not effective.  The legislation would instead allow more subcontractors to work under a licensed residential contractor to provide better protection for the consumer.




     



By Louisiana REALTORS® 06 May, 2024
Bill Tracking Report as of 5/3/2024
By Louisiana REALTORS® 03 May, 2024
Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer
By Louisiana REALTORS® 29 Apr, 2024
Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer
Show More
Share by: