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Legislative Update & Special Session

LOUISIANA REALTORS • May 27, 2020
The Louisiana Legislature continues to hear and move bills in the 2020 Regular Legislative Session and do the work of the state despite the COVID-19 pandemic restraints. This Session is set to end by 6:00 p.m. on June 1st. And, for the second time ever the Louisiana Legislature has called itself into a Special Session set to begin at 6:01 p.m., June 1st. The Special Session call setting the agenda for the session will allow the Legislature to consider legislation on forty-one different subjects. The call can be found here:  

Louisiana REALTORS® will continue to monitor bills and advocate on your behalf throughout the end of the Regular Session and throughout the Special Session.


Remote Online Notarization


House Bill No. 274, Representative Garofalo

Status:   Pending in Senate Judiciary A Committee


Senate Bill No. 472, Senator Luneau

Status:  Pending House Floor Action


What: These bills propose 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.


However, these bills would not allow for an authentic act to be done by remote means.  This is significant to the real estate industry because most transactions with a mortgage are done by authentic act.  This is done so the lender can foreclose by executory process.  The legal and notary community is not currently comfortable completing these acts remotely so authentic acts are excluded from the proposed authorization.


If passed, remote online notarization would not be available until February 1, 2022, or until remote online notarization is authorized by federal law (whichever comes first).


Position:  Support


Why:  This could make real estate closings more efficient and NAR has supported similar efforts since November of 2018.


Legal Deadlines Affecting Eviction Moratoriums


House Concurrent Resolution No. 25, Representative Gregory Miller

Status:   Pending Senate Floor Action


House Bill No. 805, Representative Thomas Pressly

Status:  Pending Senate Floor Action


What:  During the COVID-19 pandemic, Governor Edwards has issued a series of orders suspending legal prescription and legal deadlines.  These orders have the effect of extending legal deadlines and the time a person can file suit on certain actions.  The suspension of legal deadlines has effectively prevented legal proceedings such as evections to take place until the suspension is lifted.  The current order expires June 5th but may be extended.


The instruments seek to (1) affirm the Governor’s previous orders; and (2) provide that the suspension of legal deadlines will end June 30th thus allowing legal proceedings such as evictions to move forward on July 1st.  These dates are subject to change between now and June 1st.

Louisiana REALTORS® has been in communication with legislators about this issue throughout the process to ensure that the suspension of legal deadlines ends sooner rather than later.  We will continue to communicate with these legislators throughout the remainder of the process.


Position:   Monitor


COVID-19 Limitation on Liability


House Bill No. 826, Representative Thomas Pressly

Status:  Pending Senate Floor Action


Senate Bill No. 435, Senator Mark Abraham

Status:  Pending House Floor Action


What:  These bills seek to limit the liability of persons and businesses for injury or death resulting from or related to the actual or the alleged exposure to COVID-19 in the course of the persons’ or business’ operations unless the person or business acted in such a way that was negligent or intentional or not in substantial compliance with applicable governmental COVID-19 procedures.


These bills include the persons and businesses in real estate and real estate related professions and businesses.


The bills differ in the standards by which liability will be determined. 


Position:  Monitor


By Louisiana REALTORS® 29 Apr, 2024
Bill Tracking Report as of 4/26/2024
By Louisiana REALTORS® 26 Apr, 2024
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 .
By Louisiana REALTORS® 23 Apr, 2024
Last week, NAR President Kevin Sears checked in from the NAR Broker Summit, where he learned new tools to strengthen his business alongside several hundred fellow brokers. Next stop, Washington, DC for the REALTORS® Legislative Meetings, where we’ll show Congress our grassroots strength in action. We encourage you to watch Kevin’s video here to learn more about what NAR is advocating for this year at RLM. As always, the overarching theme is increasing access to homeownership. This video is also in the video section of our website. Stay tuned for Kevin’s next update.
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