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Legislative Update: Tort Reform, Evictions, Remote Online Notarization & Broadband

LOUISIANA REALTORS • May 13, 2020
Despite COVID-19 both the Louisiana House of Representatives and Louisiana Senate have continued to hold committee meetings and floor proceedings this week.  Capitol halls are far less crowded and committee procedures are greatly altered.  But debate has continued, and Louisiana REALTORS® has continued to successfully advocate on behalf of the membership.  

Thursday, May 14th was a significant day for your political advocacy program.  Louisiana REALTORS prevented a bill pertaining to evictions from moving forward and assisted in moving forward a bill authorizing remote online notarization for certain acts.   More about each bill can be found below.  Your Louisiana REALTORS® advocacy team spoke to legislators about both bills on your behalf and was present at the Capitol during the debates.

This interactive Bill Tracking Report contains the position on each of these bills and others along with the status of each bill. Any bill on the list can be accessed and viewed in its entirety by clicking on the number of the bill on the left of the page. A few of these bills that are likely to be of interest to you are highlighted and explained below. Should you have any questions, contact Kim Callaway, Director of Legal & Governmental Affairs.
View Legislative Bill Tracker as of 5/13/2020
House Bill No. 274, Representative Ray Garofalo

What: This bill proposes to authorize the performance of notarial functions remotely using technology.  Remote online notarization is when documents are notarized in an electronic form where the signer uses an electronic signature and appears before the notary using online audio-video technology. 

If passed, remote notarization would not be immediately available in Louisiana, possibly not until February 2022.

Status:  Pending House final action

Position:  Support

Why:  This would make some real estate closings more efficient and NAR has supported similar efforts since November of 2018.  In its present form, the bill would not allow for most residential closing with a mortgage to use this technology because these transactions require an authentic act and the legal community is not comfortable completing these acts remotely.

House Bill No. 388, Representative Mandy Landry

What:  In its its essence, this bill sought to delay the time in which a landlord could evict a tenant for nonpayment of rent and prohibit the waiver by the tenant of certain notice requirements. An amendment was added during committee to further delay certain payments not made at the beginning of the COVID-19 crisis. 

Status:  The House Civil Law and Procedure Committee involuntarily deferred the bill Thursday, May 14, 2020.  The bill will not move forward this session.

Position:  Oppose

Why:  This bill would have further delayed a landlord from placing a paying tenant in his or her property. There are inherent time delays built into legally evicting a tenant for non-payment.  The landlord must first file a rule for possession with the proper court or justice of the peace.  The sheriff or constable must then serve the tenant with notice of the rule and then a hearing must be scheduled. None of this happens overnight.   Like tenants, landlords have bills to pay and any time a landlord does not receive a payment or timely receive a payment there is a ripple effect that may cause the landlord to not be able pay bills or to provide for his or her family.

Senate Bill No. 418, Senator Kirk TalbotHouse Bill No. 9, Representative Ray Garofalo

What:  These bills are nearly identical and seek to reform Louisiana laws and procedures about lawsuits to lower auto insurance premiums and improve Louisiana’s legal climate.

Status: Senate Bill No. 418, Pending Senate final passage. House Bill No. 9, Pending House final passage

Position:  Support

Why:  In a 2019 survey of members of Louisiana REALTORS®, you told us that keeping up with technology was your biggest operational concern, but the top second and third concerns were the potential for litigation and insurance costs. If this bill become law, the hope is that your potential for litigation will be reduced and your insurance costs will go down.    

Bill No. 422, Representative Julie Emerson

What:  This bill would have required the Louisiana Real Estate Commission to issue licenses to those who completed apprenticeships in any state instead of the person taking the standard courses and exams. It was questionable how this would be implemented by the Louisiana Real Estate Commission and if it would require brokers to set up apprenticeship programs.

Status:  Pending House final passage

Position:  Opposed in original format; neutral following amendment of bill

Why: Louisiana REALTORS® worked with the author to make it optional rather than mandatory for the Louisiana Real Estate Commission to issue licenses to those who complete apprenticeships.  This also ensures that brokers will not be required to set up apprenticeship programs.

House Bill No. 622, Representative Julie Emerson

What:  This bill would have mandated that the Louisiana Real Estate Commission issue a real estate license to anyone who held a real estate license in another state and to people who had worked in real estate in another state but were not licensed.

Status:  Defeated in House Commerce Committee

Position:  Opposed

Why:  The Louisiana Real Estate Commission is responsible for protecting the public by establishing responsible licensing standards, ensuring compliance with those standards, and sanctioning bad actors. Mandating that the LREC grant a real estate license to anyone who simply worked in a real estate office out of state would shift the burden of ensuring qualifications from experts to consumers and expose the public to greater risk from unqualified practitioners.  

Senate Bill No. 406, Senator Beth Mizell

What:  This bill seeks to make it easier for broadband providers to install their services by allowing them to collaborate with municipalities, electric cooperatives, and utility companies to construct, maintain, and operate broadband systems. 

Status:  Pending Senate final passagePosition:  For

Why:  REALTORS® now more than ever rely on streaming video and virtual tours to assist clients in buying and selling property.  REALTORS® need high-speed internet to do this and their clients need high-speed internet to telework, access virtual classrooms, and access telemedicine. REALTORS® know that affordable high-speed broadband is almost as necessary as water and electricity because their clients, your constituents, are demanding it.  

House Concurrent Resolution 77, Representative Clay Schexnayder

What:  This resolution requests that the Broadband for Everyone in Louisiana Commission identify public and private sector barriers which impede the expeditious expansion of high-speed broadband in the state and make recommendations on how to remove these barriers.

Status:  Pending House final passagePosition:  ForWhy:  Expeditious expansion of high-speed broadband in the state is necessary to overcome the practical and economic consequences of the current lack of access.  Various barriers are created by the public and private sectors which stall the expeditious expansion that the state's citizens and economy need.  The removal of these barriers would benefit Louisiana families, businesses, consumers, educational institutions, and students and allow for a more robust and better-connected economy.

House Concurrent Resolution 78, Representative Clay Schexnayder

What: The resolution requests that the Broadband for Everyone in Louisiana Commission within the office of the governor to create and provide broadband maps to identify access and activation gaps.

Status:  Pending House final passage

Position:  For

Why:  The United States Department of Agriculture currently provides loans and grants to states to increase high-speed internet access in rural areas.  Reliable and accurate mapping of current broadband access and activation gaps is critical to effectively utilizing these resources, but the currently available broadband maps have proven to be unreliable and inaccurate. A local approach may produce more reliable and accurate maps to utilize these resources.


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Bill Tracking Report as of 5/3/2024
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From REALTOR® Magazine by Stacey Moncrieff Don’t talk about business as usual to this group: NAR’s culture transformation commissioners and new leadership are helping to usher in big changes for the nation’s largest real estate organization. When the National Association of REALTORS® named its Culture Transformation Commission—a group of more than 70 members; state and local association staff; and NAR staff selected through a collaborative process—the aim was to identify and break down impediments to being an inclusive, welcoming and respectful organization for all. NAR’s Leadership Team announced the Commission in October 2023 as an essential step in putting the organization on a new path forward. NAR continued down that path the following month with the appointment of Interim CEO Nykia Wright and again in December with the appointment of Chief Marketing & Communications Officer Suzanne Bouhia. In February, Wright engaged Karyn Detje to lead NAR’s human resources transformation. Along with the staff changes have come shifts in NAR leadership. Kevin Sears, a broker from Springfield, Mass., stepped into the presidency in January, making a commitment to help return the organization to stable ground, get back to the business of helping members succeed, and eliminate distractions from the job. Shortly after taking office, Sears announced that two former NAR presidents, Vince Malta and Sharon Millett, would fill vacancies in the 2024 NAR Leadership Team. Malta is a broker from San Francisco and was NAR’s 2020 president. Millett, a broker from Auburn, Maine, was NAR’s 1999 president. “The real story [of NAR] is progress,” Wright said in a letter to members in February, calling out the CTC’s role. The group’s recommendations, she said, will shape the association’s progress into the future. “We’ve reached out directly, and the overwhelming majority of our members have told us they trust in what we are doing to transform the organization,” Wright says. “We are not taking their trust lightly but are working every day to earn their continued confidence.” Under the new staff and member leadership, NAR is communicating more deliberately, sharpening its focus on the core mission of serving its members, and moving toward becoming a nimble organization. Four Areas of Focus Part of that comes with the delivery of the CTC’s recommendations, some of which are expected in the fall, according to Ryan Davis, NAR’s vice president of diversity, equity and inclusion. “This is a ripe opportunity for change,” says Davis, who serves as co-lead on the project. “While some of the work will likely spill over into 2025, we expect to see formal recommendations in November [at NAR NXT(link is external), Nov. 8–10, Boston].” Under the leadership of its tri-chairs, the CTC has completed two of four phases of its work—information and data gathering and aligning on priorities. In the information-gathering phase, commissioners heard from thousands of association members and staff via interviews, focus groups, open forums and informal conversations. In the second phase, they aligned the findings into four common themes and identified opportunities for culture transformation within each theme. Theme 1: Mission and Values Opportunities: Clearly define our real estate–driven mission; appreciate and understand the work that NAR staffers, members, and state and local association staff perform; set expectations around how members and staff treat one another; and embed change throughout NAR. Theme 2: Leadership Opportunities: Set clear expectations and standards for those who lead across NAR—members, state and local association staff, and NAR staff. Review the entire leadership process—from the selection, training and evaluation of senior staff to the election, appointment and training and expectations of member leaders. Theme 3: Governance Opportunities: Rethink the association’s governance structure, its focus, and how it operates to enable members and staff to do their best work. Theme 4: Compliance Opportunities: Provide a safe space for all and promote accountability. To guide the next two phases of the work—developing implementation plans and final review, adoption and implementation—the group recently engaged McKinley Advisors, a firm with deep roots and expertise in association management and transformation. Working in parallel with the CTC, a Policies and Procedures Task Force is creating recommendations to improve NAR’s policies, procedures, trainings and systems to prevent inappropriate member behavior, encourage reporting of alleged misconduct, and promote an environment of transparency and accountability. “Culture change takes time,” says Detje, who has led staff transformations within large organizations and is co-leading the project with Davis, “but I see an incredible commitment among the members and staff to make it happen. One thing I’ve found really remarkable is that, despite having been through an incredibly challenging 18 months, people are passionate about this organization and the work they do.” The commission continues to welcome feedback from members and association staff. Want to share your ideas on transforming the culture of NAR and the REALTOR® organization? Email culture@nar.realtor .
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