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Week One of Session & Interactive Bill Tracker
LOUISIANA REALTORS • March 12, 2020
Yesterday, the Louisiana REALTORS® Bill Review Team, made up of members from across the state, met and identified 107 bills that Louisiana REALTORS® will support, oppose, or monitor on behalf of its membership and consumers. This interactive Bill Tracking Report contains the position on each of these bills along with the status of each bill.
LEGISLATIVE BILL TRACKER
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.
REMOTE NOTARIZATION
HOUSE BILL NO. 122, REPRESENTATIVE GREGORY MILLERHOUSE
BILL NO. 274, REPRESENTATIVE RAYMOND GAROFALO
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.
If passed, this would not be effective until February 1, 2022.
Position: Support
Why: This would make real estate closings more efficient and the National Association of REALTORS (NAR) has supported similar efforts since November 2018.
REAL ESTATE LICENSE RENEWAL DATE
HOUSE BILL NO. 233, REPRESENTATIVE POLLY THOMAS
What:
This bill would require a real estate licensee to renew his or her real estate license by September 30th each year instead of December 31st.
If passed, the changes would take effect in 2021 for the 2022 license year.
Position:
Support
Why:
Louisiana REALTORS® believes the passage of this bill will address issues that may arise when agents or brokers may be practicing with expired licenses for failure to timely renew.
Currently, a real estate license is required to be renewed prior to January 1st of each year. If a licensee misses the renewal date, his or her license is considered expired immediately. This processing period and notice hopefully would allow for a delinquent licensee to remedy his or her failure to renew prior to his or her license expires.
RESIDENTIAL LEASE AGREEMENTS AND SEXUAL ASSAULT VICTIMS
HOUSE BILL NO. 342, REPRESENTATIVE AIMEE FREEMAN
What:
This bill would allow for victims of sexual assault to receive early termination of their residential leases under certain circumstances and when certain actions are taken.
Position:
Oppose
Why:
Louisiana REALTORS® supports the concept of this legislation. However, as proposed the legislation is vague and could be applied in ways we believe were not intended. Louisiana REALTORS® will work with the author, proponents of the legislation, and other stakeholders to hopefully find a solution to the issues sought to be addressed.
RESIDENTIAL LEASES AND EVICTION REQUIREMENTS
HOUSE BILL NO. 388, REPRESENTATIVE MANDIE LANDRY
What:
This bill seeks to do the following: (1) Provide a grace period for nonpayment of rent; (2) Change the notice requirement for terminating month-to-month residential leases; and (3) Remove the ability for a lessee to waive their notice requirements.
Position:
Oppose
Why: A mandated delay for evictions would be onerous on landlords. Each day a rental property is vacant, or a nonpaying tenant is residing in the property is a day the landlord is not producing income from the property. These and other items addressed in the proposed bill should be contractual issues between a landlord and tenant.
SHORT TERM RENTAL REGISTRATIONS
HOUSE BILL NO. 603, REPRESENTATIVE PAULA DAVIS
SENATE BILL NO. 179, SENATOR RONNIE JOHNS
What:
Both of these bills seek to require the owner of short-term rental properties to register the dwelling with the State Fire Marshal for a fee. The bills also require that the registration include an attestation by the owner that includes certain information about what kind of life safety devices are present in the dwelling. The bills propose monetary penalties for failure to register. This registration would be in addition to any registration or regulations a local governmental entity requires for short-term rental properties.
The bills differ in one key area – SB No. 179 authorizes the State Fire Marshal to investigate and inspect a short-term rental dwelling upon a complaint from any person or upon his own initiative when he deems necessary. If upon inspection, he finds the property is especially liable to fire, dangerous to life, or could engager property or occupants, he would be able to prohibit the dwelling from use until he certifies the hazardous condition was eliminated. HB No. 603 does not contain this language.
Position:
Oppose
Why:
Owner-occupied homes would be treated the same as investment properties thereby giving the State Fire Marshal authority to enter a person’s home. Louisiana REALTORS® believes this could be a serious property rights issue. Additionally, this would be burdensome for property owners and add to the costs of owning property.
As previewed last week, NAR is pleased to share the latest consumer guide focused on preparing for homeownership. This guide covers what prospective buyers should consider as they kick off the home purchase process, including the importance of credit scores, mortgage pre-approval, down payments, budgeting, and educational resources. 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: Preparing for Homeownership Escrow and Earnest Money Pricing Your Home Preparing to Sell Your Home Fire Damage and Policy Coverage Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with potential clients to ensure they have the information they need to be successful 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 next week’s guide on Wednesday, which will cover property taxes.
As previewed last week, NAR is pleased to share the latest consumer guide focused on escrow. This guide covers what homebuyers should know about earnest money deposits, including the general terms and use cases in real estate transactions. 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: Escrow and Earnest Money Pricing Your Home Preparing to Sell Your Home Fire Damage and Policy Coverage Flood Insurance 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 next week’s guide on Wednesday, which will cover preparing prospective buyers for homeownership.
The Louisiana REALTORS® Board of Directors will conduct several elections this Spring. Interested candidates that meet the qualification who are looking to serve at either the state association level or the national association level are encouraged to view the criteria and submit an application. An application that is not submitted on the appropriate form or not submitted pursuant to the instructions shall not be considered as submitted timely.
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Baton Rouge, LA 70802