2018 Legislative Session (Week 3)
LOUISIANA REALTORS • March 29, 2018
This was a busy week at the Capitol and lots of bills are in various phases of the legislative process. The following provides an update on key pieces of legislation that the LR Lobbying Team is following and actively monitoring. For questions contact: Kim Callaway, Director of Legal & Government Affairs.
HOUSE BILL NO. 659, REPRESENTATIVE KENNY HAVARD –LIMITATIONS ON NON-CONSENSUAL TOWING
This bill would require sign off from law enforcement prior to any vehicle being towed by property owner. Current law allows a property owner to have a vehicle towed without permission of the vehicle owner or law enforcement as long the owner of the property or authorized representative signs off on the tow or there are signs posted on the property warning that a vehicle may be towed if improperly or illegally parked.
Louisiana REALTORS® is monitoring this bill as it progresses to ensure that property owners will be represented.
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 the subsequent changes to the residential property disclosure form.
The bill now heads to the House floor for further debate.
HOUSE BILL NO. 748, REPRESENTATIVE JULIE EMERSON – ESTABLISHES REVIEW OF OCCUPATIONAL LICENSES
This bill seeks to interject additional processes by which law and regulations regarding occupations and professions are established and modified.
Louisiana REALTORS® believes the bill is too vague as written and creates unnecessary problems for the real estate industry. We will discuss amendments with the author and if she is not amendable we will continue with our opposition.
SENATE BILL NO. 462, SENATOR DANNY MARTINY – INCLUSIONARY ZONING
The passage of Senate Bill No. 462 would allow property developers to build more units and protect private property rights. Louisiana REALTORS® will be putting out a Call for Action for you to encourage your Senator to support this legislation very soon.
HOUSE BILL NO. 383, REPRESENTATIVE PAULA DAVIS –FIRST TIME HOMEBUYER REBATE
This is Louisiana REALTORS’® initiative to establish a first-time home buyer rebate. This bill will be set for hearing by House Committee on Appropriations in the coming days. There remains an uphill battle to get this bill passed. Members of the House of Representatives remain open to the idea despite the budget deficit, but members of the Senate have expressed more resistance to the bill because of the budget deficit. Members should continue efforts to educate their legislators on the benefits this rebate could provide for future homeowners.
This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
Louisiana REALTORS® is compiling a cookbook of Louisiana flavor with a REALTOR® heart in support of the REALTORS® Relief Foundation . And we have two ways for you to get involved: Join us in contributing your favorite recipe using this online form. If you want to include a picture with your recipe, send to info@larealtors.org and reference recipe title in email subject. Or share your creativity by designing the cover artwork for the cookbook. A small committee will review all entries and choose one to print on the cover. Stay tuned for more details on when you can grab your own copy of the cookbook! Cover artwork and recipes are due by April 17th.
Week three of the Regular Session kept real estate issues in the conversation, even as lawmakers continued to focus heavily on workforce, tax and insurance policy. On the property tax front, measures to reshape assessments and exemptions, including proposals for a new blight rehabilitation exemption and additional relief for seniors, remain parked in the House Ways and Means Committee as stakeholders work through fiscal and local government concerns. These bills matter because they will influence long-term carrying costs, redevelopment incentives and how tax burdens are shared across residential and commercial property. Homestead related legislation, including parish level authority to increase the exemption amount, is also in the queue, signaling that the broader structure of Louisiana’s homestead system is officially on the table, not just the dollar figure. For homeowners and buyers, this debate goes directly to affordability. For local governments, it raises revenue stability and service delivery questions. There also has been movement on several identical pieces of legislation that would instruct parish assessors to develop a process for homeowners to permanently register for the homestead exemption for the duration that they own and live on the property. We are actively tracking legislation that will directly shape how investor activity and non-traditional transactions are recognized and regulated in Louisiana’s real estate market. This includes HB 468 by Troy Hebert , a key component of the Louisiana REALTORS® legislative package that targets the wholesale of residential real estate, which was heard in the House Commerce Committee on Monday. The bill is currently positioned for a floor vote early next week. As drafted, HB 468 represents a major step in the right direction for consumer protection in Louisiana, advancing needed guardrails through potential disclosure, registration, and practice standards that could redefine how assignment contracts and “off-market” transactions intersect with licensed brokerage activity. In parallel, HB 292 by Delisha Boyd passed the House on final reading, 86-3, and is on its way to the Senate. Together, these measures represent a coordinated policy effort to bring greater structure and transparency to emerging transaction models, while preserving the integrity of the traditional brokerage framework. Finally, the broader policy backdrop remains important: the Governor continues to push income tax changes and cost of living relief, while business and industry groups are prioritizing insurance, workforce and energy — each a key driver of long run housing demand and investment. As these debates evolve, we’ll keep you updated on what moves, what stalls and what it all means for your clients, your pipeline and private property rights across Louisiana. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
