LR Session Scoop: Week 7-8

Louisiana REALTORS • June 7, 2021

Updated on 6/7/2021 at 3:00 PM


The 2021 Louisiana Legislative Session must adjourn sine die by Thursday, June 10th by 6:00 p.m. – meaning that this session must end by then. 


Louisiana REALTORS® continues to monitor all legislation, as the last few days is when all the things that legislators were not able to pass begin to show up as amendments on other instruments.


House Bill No. 258, by Representative Kathy Edmonston, unanimously passed the Senate and will soon be presented to Governor Edwards. If you recall, this is the bill that will move your real estate license renewal up to September 30th and a late renewal by December 31st beginning in 2022. 


On the partition front, Representative Greg Miller, chairman of the House Committee on Civil Law, filed House Concurrent Resolution No. 86 to direct the Louisiana Law Institute to study the partition of property owned in indivision was unanimously reported out of the Senate Judiciary A Committee and will be heard on the Senate floor this week.

View Bill Tracking Report

REAL ESTATE LICENSE RENEWAL

House Bill No. 258 by Representative Kathy Edmonston (updated 6/7/21)

What Would Change: This bill would move the renewal date of a real estate license up to September 30th. The change would take place in 2022 for your 2023 license renewal. Rather than a license renewal being “delinquent” after the license expires, the renewal would be delinquent three months prior to the license’s expiration.

What Would Stay the Same: License expiration and errors and omissions insurance expiration would remain December 31st. The deadline for completion of continuing education would remain December 31st. All renewal and delinquency fees would remain the same.

Status: Signed by the President

Position: Support

Why:  Passage of this bill would help ensure that all REALTORS® were properly licensed and insured as of January 1st.


Currently, licensees have the first quarter of the following year to delinquently renew their licenses leaving those who do not renew before December 31st technically unlicensed and uninsured as of January 1st.


LREC states that licensees who currently renew delinquently after the December 31st license expiration generally have a “lapse in coverage” of their E & O insurance. On “Claims Made” E & O policies, any lapse in coverage forfeits coverage for prior acts of licensees and potential consumer recoveries.


This change would ensure that renewals occur timely and that licensees are properly licensed and insured by the beginning of the year rather than a fourth of the way into it. 


Amendments were adopted in the House Commerce Committee that would also give a one-month grace period in 2023 to renew in January and to clarify that continuing education requirements would remain on a calendar year.

PARTITIONS

HCR No. 86 by Representative Greg Miller (updated 6/7/21)

What: Directs the Louisiana Law Institute to study the partition of property owned in indivision and how partition impacts heirs' property to make recommendations to the Legislature regarding the rights and duties required by owners in indivision of property.

Status: Pending Senate Final Passage

Position: Support

Why:  Current partition laws often lead to situations where middle- to low-income families lose inherited family property.


The Uniform Law Commission has a set of uniform laws many states have adopted to address this issue, but this is one area of law where a uniform set of laws is not possible due to Louisiana’s civil law tradition.


This does not mean the goals and principles put forth in the uniform law cannot be accomplished – it just means it must be studied a bit before attempting it so there are minimal unintended consequences. The Louisiana Law Institute, an extension of the Louisiana Legislature, is the appropriate body to conduct this study.


Louisiana REALTORS® supports efforts to change our partition laws to see that those who co-own property receive maximum value for their property in judicially ordered sales and that those sales are open and transparent. Louisiana REALTORS® is working to bring together Louisiana Appleseed, the Louisiana Farm Bureau, and the Louisiana Land Title Association on this issue to make improvements.

PROPERTY

House Bill No. 400, Act No. 27 by Representative Jean-Paul Coussan (updated 6/7/21)

What: HB No. 400 provides that partitions for private sales among co-owners be for not less than the appraised value rather than not less than 2/3 value of the appraised value.

Status: Signed by the Governor, Act No. 27

Position: Monitor

Why:  This will provide property owners assurance that they would receive a fair price for their property should it go to sale in connection with a partition action.

House Bill No. 348 by Representative Mary DuBuisson (updated 6/7/21)

What: This bill would require that the reading aloud of the description of a piece of property at a sheriff’s sale be done so in such sufficiency to reasonably provide notice to the public of the property being offered for sale.

Status: Passed the Senate

Position: Support

Why:  The average property owner or purchaser does not know the lot number, lot lines, filing number, etc. of property, but they do know the address and neighborhood where the property is located. If adopted, this would assist property owners and purchasers to know with greater certainty what property is being sold at a sheriff’s sale.

GENERAL

House Bill No. 451, Act No. 30 by Representative Paula Davis (updated 6/7/21)

What: Beginning in July of 2022, insurers will be authorized to give discounts and insurance rate reductions for residential and commercial building insurance policies if the structure is certified as in conformance with the fortified home or commercial standards after inspection and certification by an Institute for Business and Home Safety certified inspector.

Status: Signed by the Governor; Act No. 30

Position: Support

Why:  Retrofitting one’s property to these standards is costly but may help reduce repair costs following wind events. Insurance companies should recognize the costs incurred by property owners in taking these steps to protect their insured property and provide discounts and credits for doing so.

House Bill No. 437 by Representative Foy Gadberry (updated 6/7/21)

What: This bill would require a properly registered certified building inspector to conduct all inspections of any commercial or residential structure and shall be present on site for such inspections. Therefore, this would prohibit virtual code inspections.

Status: Pending Senate Final Passage

Position: Support

Why:  The Louisiana Uniform Construction Code was put in place to ensure that structures are built and remodeled in a safe and structurally sound manner. To ensure this continues, it is imperative that code inspectors be able to physically inspect a structure. Virtual inspections do not provide for the same level of scrutiny as physical inspections do. The Senate Commerce, Consumer Protection and International Affairs Committee adopted an amendment that would clarify that the law would be for the purposes of code enforcement only.

House Bill No. 199 by Speaker Schexnayder (updated 6/7/21)

 What: Louisiana’s current legal structure permits multiple entities to collect sales and use taxes from businesses. This requires businesses to remit these taxes to multiple entities all with their unique systems and quirks. This legislation would create the State and Local Streamlined Sales and Use Tax Commission, comprised of equal representation of local and state appointees to act as the single collector for Louisiana and to simplify processes for businesses.

Status: To be considered by voters statewide on October 9th

Position: Support

Why:   In almost every other state, sales and use taxes are collected at the state level and then remitted to local government. Louisiana does this the other way around. Our system is burdensome for businesses because taxes are collected at multiple points all with unique policies and procedures that then expose businesses to multiple annual business audits.


This leaves companies working and paying more to implement systems to pay their taxes in Louisiana than they do in other states.  It is important that we transition our system of sales and use tax collection to be more compatible with the way business is done in the twenty-first century if we want our economy and real estate markets to expand.

LEASE

House Bill No. 374 by Representative Royce Duplessis (updated 6/7/21)

What: This would require landlords to allow for statements to be submitted regarding financial hardships following a declared disaster and require that the language on the application reference COVID-19 and hurricanes.

Status: Sent to the Governor

Position: Monitor

Update: Louisiana REALTORS® met with Representative Duplessis and other interested stakeholders on Thursday, April 29th in an effort reach a consensus on how to reach the author and proponent’s goal of allowing applicants who have been adversely impacted by disasters to inform potential landlords of this through the application process. Amendments were adopted on the House floor to reflect discussions and Louisiana REALTORS® thanks Representative Duplessis for working with all stakeholders.

Why:  The bill will allow prospective tenants to inform landlords of hardships they may have suffered during COVID-19 and after storms. The hope is that landlords will take a second look at prospective tenants’ applications and maybe give them a second chance. All requirements to adopt and post application screening processes, disclose the amount of “screening charges”, and inform applicants of credit reporting rights were removed from the bill.

BROADBAND

House Bill No. 648 by Daryl Deshotel (updated 6/7/21)

What:

The bill would establish the "Granting Unserved Municipalities Broadband Opportunities" grant program for areas with low internet connectivity to be able to access dollars to improve connectivity.

Status: Passed the Senate

Position: Support

Why:  Louisiana 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 are demanding it. This is why Louisiana REALTORS® supports efforts to improve internet service in Louisiana.

Louisiana Candidates Qualify for November 3 Election

By Louisiana REALTORS® • August 5, 2026
 Candidate qualifying for Louisiana’s November 3 election began Wednesday, August 5, and concludes Friday, August 7. The three-day qualifying period will establish the candidates for all six U.S. House districts, as well as judicial, parish and municipal races across the state. This election cycle includes several changes to Louisiana’s congressional races and election calendar. The state’s U.S. House primaries, originally scheduled for May 16, were canceled following the U.S. Supreme Court’s decision in Louisiana v. Callais. The Louisiana Legislature subsequently adopted a new congressional map that reduced the number of Black-majority congressional districts from two to one. Under the revised election calendar, the November 3 U.S. House contests will use an open primary system. All qualified candidates will appear on the November ballot, regardless of party affiliation. A candidate receiving more than 50% of the vote will be elected. If no candidate receives a majority, the two candidates receiving the most votes will advance to a December 12 runoff. U.S. Senate The November general election will feature Republican nominee U.S. Rep. Julia Letlow and Democratic nominee Jamie Davis. Letlow's Senate campaign has also created an open seat in Louisiana's 5th Congressional District. 5th Congressional District Several candidates have announced campaigns for the 5th Congressional District seat: State Sen. Stewart Cathey State Rep. Michael Echols Louisiana Board of Regents Chair Misti Cordell State Rep. Gabe Firment Cathey, Echols and Firment currently serve in the Louisiana Legislature. Additional candidates may qualify before the deadline on Friday. The 5th District covers portions of northeastern and central Louisiana and extends into the Florida Parishes. 6th Congressional District Congressman Cleo Fields has announced that he will not seek reelection in the newly redrawn 6th Congressional District. Instead, Fields is running in a special election for his former state Senate seat, which became vacant following the death of Sen. Larry Selders of Baton Rouge. The newly drawn 6th Congressional District extends around the Baton Rouge area and includes portions of rural communities surrounding the capital region. State Sen. Rick Edmonds has announced his candidacy. State Sen. Blake Miguez has also been discussed as a potential candidate, although the candidate field will not be finalized until qualifying closes Friday. Federal law requires congressional candidates to reside in the state they seek to represent but does not require them to reside within the specific congressional district. 2nd Congressional District Congressman Troy Carter currently represents the 2nd Congressional District, which extends from the Baton Rouge area toward New Orleans. Under the newly adopted congressional map, the 2nd District remains Louisiana's sole Black-majority congressional district. East Baton Rouge Parish Judiciary All 15 judgeships on the 19th Judicial District Court are scheduled for election following the Legislature's creation of two new judicial election subdistricts. Each subdistrict will elect seven judges, with an additional judgeship elected parishwide. Litigation challenging the new judicial map remains pending. Judicial races are among the contests being monitored by Louisiana REALTORS® and local Political Action Teams. Judicial decisions can have implications for property rights, business activity, litigation and the overall legal environment in Louisiana. Local Elections Voters across Louisiana will also consider candidates for mayors, city and parish councils, school boards, police chiefs and other local offices. While these races typically receive less statewide attention than congressional and statewide contests, local elected officials make decisions affecting land use, zoning, permitting, infrastructure, taxation and housing policy. These issues can directly affect real estate activity and development within local communities. Candidate Lists and Election Information The candidate field will not be final until qualifying closes Friday, August 7. The official list of qualified candidates is available through the Louisiana Secretary of State's Candidate Inquiry portal. The complete election schedule, including key dates for voting, registration and absentee ballots, is available through the Secretary of State's election calendar. For Louisiana REALTORS®, the qualifying period provides an early look at the candidates who will appear on the November ballot and the races that may affect real estate, property rights, development and local communities across the state.

Now Accepting: 2027 At-Large Board of Directors Applications

By Louisiana REALTORS® • August 5, 2026
The Louisiana REALTORS® Board of Directors will elect six (6) LR At-Large Directors at its October 1st meeting. Qualifications and an application for the position can be found below.

Louisiana Department of Insurance Commends Districts Receiving Fire Rate Reductions in First Half of 2026

By Louisiana REALTORS® • August 5, 2026
From the Louisiana Department of Insurance: Insurance Commissioner Tim Temple recognizes fire districts that have received improved fire ratings since last year. Improved fire ratings lead to reduced fire insurance premiums for property owners in the associated area. “Improved fire protection ratings demonstrate the hard work and dedication of fire departments and community leaders. These improvements make homes and communities safer and can reduce fire insurance premiums,” Commissioner Temple said. “Some premium reductions are more than others, but any improvement to the safety and resilience of our communities is a win for everyone.” Fire protection grading is promulgated by the Property Insurance Association of Louisiana (PIAL) and approved by the Commissioner of Insurance. All fire districts are graded on a scale of 1 to 10 by PIAL, with 10 representing no fire protection and 1 representing the best level of protection. The PIAL considers several factors when determining a district’s grading, including the number of dispatchers on duty, the number of firefighters and fire trucks and the availability of water. “I’m extremely proud of the Louisiana Fire Service,” said Department of Public Safety Principal Assistant Chief Bryan J Adams. “They continue to step up, work hard and deliver exceptional service to protect our community. As we partner with them through training and the enrollment support they need to succeed, you can expect continued results like this. Our office is committed to staying at the forefront of collaboration with the Louisiana Fire Service—because we’re truly One Team.” Policyholders in the affected areas should contact their insurance producer if they have questions about how fire rating improvements may affect their fire insurance premiums.  The average annual premium reduction examples below are calculated for a brick masonry home with an HO-3 policy insured for $250,000, with a $500 deductible.
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