Legislative Update & Special Session
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
