Session Scoop: May 24, 2024

Louisiana REALTORS® • May 24, 2024

Bill Tracking Report as of 5/24/2024

Week 11 Report


The 2024 Regular Legislative Session is in the final stretch before adjourning sine die and things are looking good for real estate practitioners and property owners, buyers, and sellers. 

 

A few highlights from Week 11 include:   

  • Senate Bill No. 506 to reign in the practice of using liens or mortgages to secure rights under real estate service agreements is on the way to Governor Landry’s desk for signature.
  • House Bill No. 366 clarifying definitions in the Louisiana Real Estate Law and establishing a definition and requirements for buyer agreements was unanimously passed by the Senate and is on the way to the House for concurrence.
  • Senate Bill No. 113 was amended to eliminate the requirement that Louisiana Citizens' rates be at least 10% higher than private insurance companies in certain parishes and reduce the requirement to 5% in other parishes. If enacted as amended, these changes would be in place until December 31, 2027.


  • Property Insurance

    SB No.  113 by Senator Kirk Talbot

    Status: Pending House final passage

    Position: Support


    Among other things, this bill would adjust the requirement that Louisiana Citizens' rates must be at least 10% higher than private insurance companies.


    As amended, it would do the following: 

    1. Eliminate this requirement for properties within the parishes of Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Mary, St. Tammany, Terrebonne, and Vermilion until December 31, 2027.
    2. Reduce this requirement to 5% for all other parishes until December 31, 2027.

    HB No. 428 by Representative Delisha Boyd

    Status: Sent to the Governor

    Position: Support


    This bill would allow a Louisiana Citizens’ policyholder, through written request, to exclude coverage of personal or corporeal movable property.  If granted, Citizens would calculate an appropriate reduction in the premium.

  • Homeowner Associations

    HB No. 440 by Representative Stephanie Berault

    Status: Pending Senate final passage

    Position: Monitor


    House Bill No. 440 as it stands now would require the residential property disclosure statement to inform a purchaser that all association documents shall be provided to the purchaser no later than at the time of closing.


    Upon request of Louisiana REALTORS® and the Louisiana Land Title Association, the Senate Judiciary Committee A amended the bill to instead permit the purchaser to request certain documents from an association governing the property and recorded documents governing the property from the person providing title closing or title settlement services upon the seller’s acceptance of an offer and at the expense of the purchaser.


    However, upon further discussions with Representative Berault, she has decided to not proceed with the bill at this time and to work with the industry in the interim to improve disclosures about homeowner associations and building restrictions for buyers of both new and existing residential properties.


    SB No. 23 by Senator Greg Miller

    Status: Sent to Governor

    Position: Monitor


    Senate Bill No. 23 is a comprehensive rewrite of Louisiana laws governing homeowner associations, which the bill renames “planned communities”.  


    Generally, the new law would be effective as of January 1, 2025, for any new planned communities filed for registry on or after that date, and on January 1, 2026, for planned communities filed for registry on or before December 31, 2024.


    Louisiana REALTORS® will provide in-depth information about this bill in the coming months should it become law.

  • Agricultural Land

    HB No. 238 by Representative Michael Echols

    Status: Signed by the President

    Position: Monitor


    House Bill No. 238 would restrict any foreign adversary or prohibited foreign actor from directly or indirectly, owning, acquiring, leasing, or otherwise obtaining any interest, in agricultural land should it become law.


    The bill defines “agricultural land”, “foreign adversary”, and “prohibited foreign actor” and provides an exception from the definition of “foreign adversary” for a person who is a legal permanent resident with lawful presence in the United States.


    The bill specifies that the failure to identify a buyer, etc. as a foreign adversary or prohibited foreign actor does not create liability for real estate brokers or agents, or any other person involved in the consummation of a real estate transaction.

  • Buyer Agreements

    HB No. 366 by Representative Paula Davis

    Status: Passed the Senate; amendments waiting to be concurred in or rejected by the House 

    Position: Support

    Effective Date for Buyer Agreements:  Monday, August 19, 2024

    Note: There has been no change in the substance of the bill or amendments since the May 17, 2024, Session Scoop.


    House Bill No. 366 was amended to require all real estate licensees to execute buyer agreements.  


    If enacted, the buyer agreement would be required:

    1. To include the services the broker would provide the buyer.
    2. To include the amount of compensation due to the broker or how the amount would be calculated.
    3. To be executed when a buyer purchases or seeks to purchase a home.

    The requirement for a buyer agreement would NOT apply when a buyer purchases or seeks to purchase commercial property, vacant property, industrial property, retail property, etc.


    Should the proposal become law, it is important to note two things:

    1. Buyer agreements in compliance with NAR buyer agreement requirements would always comply with the proposed state law requirements for a buyer agreement.
    2. Buyer agreements only in compliance with the proposed state law would NEVER meet all the NAR buyer agreement requirements.  
  • Real Estate Service Agreements Secured by Liens or Mortgages Prohibition

    SB No. 506 by Senator Rick Edmonds 

    Status: Signed by the Speaker

    Position: Support

    Note: There has been no change in the substance of the bill or amendments since the May 17, 2024, Session Scoop.


    Louisiana REALTORS® requested this legislation be filed to curb the predatory practice of what is commonly called the “40-year listing agreement”.  


    The bill would do this by making it an unfair trade practice to secure a right in a “real estate service agreement” with a mortgage or other encumbrance on a home. Additionally, the bill would provide a simple mechanism for individuals to petition courts to remove these encumbrances from a property title.

  • Public Records Bills

    SB No. 502 by Senator Blake Miquez

    Status: Pending House and Governmental Affairs Committee

    Position: Monitor


    This bill was heavily amended on the Senate floor to provide that any record of the office of the governor about the schedule of the governor, his spouse, or his child that contains security details that if made public may impair the safety of the governor or the governor's spouse or child may be held confidential.


    Therefore, as amended, the bill would not impact any records pertaining to real estate transactions.

  • Property Management

    HB No. 407 by Representative Stagni

    Status: Passed the Senate; amendments waiting to be concurred in or rejected by the House

    Position: Support

    Note: There has been no change in the substance of the bill or amendments since the May 17, 2024, Session Scoop.


    The bill would create “The Louisiana Support and Service Animal Integrity Act”.

      

    If enacted, it would prohibit healthcare providers from producing documentation relating to an individual's need for a support animal unless they satisfy certain requirements.


     It would also prohibit the misrepresentations of service dogs and require written notices for individuals and businesses that sell support animals. 


    The part of the bill that would have limited liability for owners and lessors for damages caused by a service dog or support animal was removed, however.


    HB No. 913 by Representative Larry Selders

    Status: Passed the Senate; amendments waiting to be concurred in or rejected by the House

    Position: Monitor

    Note: There has been no change in the substance of the bill or amendments since the May 17, 2024, Session Scoop.


    House Bill No. 913 would require housing providers to provide copies of tenant’s original utility bills within thirty days of receipt of request only if the housing provider utilizes third-party billing services to manage utility billing for a residential unit with an individual meter.  The request and response may be made by electronic means.


    If a housing provider does not comply, the tenant or the Louisiana Attorney General may bring suit for penalties and/or seek an injunction.


    *Information current as of Friday, May 24, 2024.

Bill Tracking Report by Numerical Order (as of 5/24/24) Bill Tracking Report by Position (as of 5/24/24)
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Week 10 brought meaningful movement on several Louisiana REALTORS® priorities affecting real estate, property rights and insurance. And Week 11 is shaping up to be one of the most important stretches of the session. The biggest developments last week were the final Senate passage of HB 468 by Rep. Troy Hebert with amendments, movement of HB 1027 by Rep. Hebert to the Governor for executive approval, continued Senate progress on HB 1187 and HB 1166 , and final legislative action on SB 180 . REALTOR® Day at the Capitol also came at an important time, giving members the opportunity to reinforce industry priorities with legislators as several key bills neared final passage or awaited committee, concurrence or floor action. Just as importantly, the Louisiana REALTORS® legislative package has now cleared most of its major hurdles, and barring any late-session surprises, the remaining package’s bills should be headed to the Governor’s desk shortly. On the core real estate package, HB 468 , the wholesale regulation bill, remains the most immediate priority. The Senate passed the bill 34-0 on May 12 with amendments, and it now returns to the House for concurrence. That places it in a fast-moving posture, and members should be prepared for quick House action once concurrence is called. HB 1027 , the appraiser liability bill, has now moved into final executive posture after passing the Senate 35-0 without amendments and being sent to the Governor. Together, those two bills represent major wins for consumer protection, market integrity and greater certainty in the real estate transaction process. Insurance remains one of the busiest and most important policy areas as we head into Week 11. HB 1187 , dealing with Louisiana Citizens for emergency assessments, was reported favorably by the Senate Insurance Committee and is now pending Legislative Bureau for review in the Senate. HB 759 , addressing fortified roof endorsement offers, remains one of the more important insurance and mitigation bills still in play and is positioned for Senate floor action. HB 408 , which would prohibit insurers from non-renewing residential policies when homeowners timely mitigate risks, remains pending in House Insurance, as does HB 1210 , which would create a mandatory pre-suit claim review process for residential property insurance. Additional insurance measures, including HB 850 on Standard Fire Policy cancellation notices, HB 1162 on contractor verification in insurance claims, and SB 241 on adjuster and appraiser license-number disclosure, also remain active. These bills continue to matter because insurance affordability, mitigation, claims handling and policy stability remain central to property ownership and transaction viability across Louisiana. On disclosure and regulatory matters, HB 1166 by Rep. Kim Carver , requiring disclosures for vacant residential property and carrying out the adopted LREC reform amendment, was reported favorably by the Senate Commerce Committee and is now pending with the Legislative Bureau for review in the Senate. That keeps the bill in a strong position for Senate floor movement and makes it one of the key bills to watch in Week 11. SB 180 , allowing a surviving spouse of a deceased disabled veteran to transfer an expanded property tax exemption under certain circumstances, has completed legislative action and is now in final processing. Week 10 and the run into Week 11 also reflected an important defensive win for Louisiana REALTORS®. Our team successfully worked to block and tackle HB 617 and HB 750 to ensure real estate and nonprofit activity were not swept into overly broad consumer protection frameworks. On HB 617 , Louisiana REALTORS® opposed the bill as drafted and worked to posture it so that real estate professionals would not be caught up in a fee-disclosure framework that does not fit the realities of real estate transactions. On HB 750 , we worked to ensure the bill would not be interpreted to reach real estate or nonprofit operations in a way that could create unintended compliance burdens for leases, property management arrangements, association activity, or recurring charges authorized under those structures. That effort helped keep broad subscription-style language from bleeding into housing and nonprofit operations where it plainly does not belong. Civil justice and broader property rights measures also remain active entering Week 11. HB 437 , dealing with expert witness fees, and HB 1089 , creating CARE Accounts for certain damages arising from delictual actions, remain pending in Senate Judiciary A and remain high-priority tort reform measures to watch. HB 472, the rent stabilization bill, remains involuntarily deferred and stays on the watch list for any attempted revival through another vehicle or amendment. Additional redevelopment and tax-related measures, such as HB 214 and HB 217, also remain relevant to the broader conversation on blight, reinvestment and neighborhood stabilization. A few additional housing and valuation bills are also worth noting HB 292 on security deposits, HB 297 on early lease termination in stalking and cyberstalking situations, and HB 300 on appraisal thresholds for bank-owned property have all advanced and remain part of the broader housing policy landscape. The practical takeaway is straightforward: Week 11 will likely move fast, and late-session maneuvering can matter as much as headline floor votes. Louisiana REALTORS® should be prepared for House concurrence on HB 468 , further Senate movement on HB 1166 and HB 1187 , continued action on insurance and tort reform, and the possibility of late amendments or procedural pivots on bills affecting real estate transactions, private property rights, housing affordability, nonprofits, property managers and the broader real estate industry. The package is in strong shape, but this is the point in the session when the finish line comes into view and traffic gets thick. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates. 
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