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


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NAR is pleased to share the latest consumer guide focused on how the VA Home Loan offers a great path to homeownership for current and former military service members. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: What Is the VA Home Loan Guaranty? 10 Tips for Packing Smartly for a Move State and Local Tax (SALT) Deductions Buying a Historic Property Making Your Home More Energy Efficient Working with a Real Estate Attorney Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for the next consumer guide, which outlines requirements for private mortgage insurance and how it protects lenders and consumers.
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