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)

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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