HLS 10RS-1399 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 593
BY REPRESENTATIVE PUGH
REAL ESTATE/COMMISSION: Authorizes the La. Real Estate Commission to conduct
criminal background checks
AN ACT1
To amend and reenact R.S. 37:1437(B), (C), (D), and (E) and to enact R.S. 37:1437(F), (G),2
(H), and (I), relative to licensing requirements for real estate brokers and3
salespersons; to authorize the Louisiana Real Estate Commission to conduct a4
criminal history background check on applicants for licensure; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:1437(B), (C), (D), and (E) are hereby amended and reenacted and8
R.S. 37:1437(F), (G), (H), and (I) are hereby enacted to read as follows: 9
ยง1437. Application for license10
* * *11
B. In addition to any other requirements established by regulation, as a12
condition for license eligibility, the commission may require an applicant to:13
(1) Submit a full set of fingerprints in a form and manner prescribed by the14
commission.15
(2) Permit the commission to request and obtain state and national criminal16
history record information on the applicant.17
(3) Submit such amount as may be incurred by the commission in requesting18
and obtaining state and national criminal history record information on the applicant,19
in addition to all other applicable fees and costs.20 HLS 10RS-1399 ORIGINAL
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C. In accordance with the provisions and procedures prescribed by this1
Section, the commission may request and obtain state and national criminal history2
record information from the Louisiana State Police Bureau of Identification and3
Information and the Federal Bureau of Investigation relative to any applicant for4
licensing whose fingerprints the commission has obtained, pursuant to this Section,5
for the purpose of determining the applicant's suitability and eligibility for licensing.6
D. Upon request by the commission and upon the commission's electronic7
submission of an applicant's fingerprints, and such other identifying information as8
may be required, the Louisiana State Police Bureau of Identification and Information9
shall conduct a search of its criminal history record information relative to the10
applicant and report the results of its search to the commission. The bureau may11
charge the commission a processing fee pursuant to R.S. 15:587 for conducting and12
reporting on any such search.13
E. Any and all state or national criminal history record information obtained14
by the commission from the Louisiana State Police Bureau of Identification and15
Information or the Federal Bureau of Investigation, which is not already a matter of16
public record, shall be deemed nonpublic and confidential information restricted to17
the exclusive use of the commission, its members, officers, investigators, agents, and18
attorneys in evaluating the applicant's eligibility or disqualification for licensing. No19
such information or records related thereto shall be released or otherwise disclosed20
by the commission or any other person or agency, except with the written consent21
of the applicant or by order of a court of competent jurisdiction.22
F.(1) Licenses shall be granted only to persons or entities who bear a good23
reputation for honesty, trustworthiness, integrity, and competence to transact real24
estate activities requiring licensing in this state in such a manner as to safeguard the25
interest of the public, and only after satisfactory proof of such qualifications has been26
presented to the commission.27
(2) When an applicant has been convicted of forgery, embezzlement,28
obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or29 HLS 10RS-1399 ORIGINAL
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theft, or has been convicted of a felony or a crime involving moral turpitude in any1
court of competent jurisdiction, such untrustworthiness of the applicant, and the2
conviction, may in itself be sufficient grounds for refusal of a license.3
(3) When an applicant has made a false statement of material fact on his4
application, such false statement may in itself be sufficient grounds for refusal of a5
license.6
(4) Grounds for suspension or revocation of a real estate license in Louisiana7
or any other jurisdiction, or the previous suspension or revocation, of a real estate8
license in Louisiana or any other jurisdiction shall also be grounds for refusal to9
grant a license.10
C. G.(1) No individual real estate broker or salesperson's license shall be11
issued to any person who has not attained the age of eighteen years. No individual12
real estate broker or salesperson's license shall be issued to any person who is not a13
high school graduate or the holder of a certificate of high school equivalency.14
(2)(a) All applicants for an initial individual real estate broker's license shall15
have first served actively for four years as a real estate salesperson and shall show16
evidence satisfactory to the commission that they have satisfactorily completed at17
least one hundred fifty hours or its equivalent of instruction in real estate courses18
approved by the commission prior to licensure. Satisfactory completion includes19
passage of an examination on course contents.20
(b) At least thirty hours of the broker educational requirement shall be21
obtained in coursework emphasizing broker responsibilities.22
(c) Each person obtaining an initial real estate broker's license shall complete23
forty-five post-license education hours within one hundred eighty days after the24
initial license date. Such hours shall be in subjects required by the commission,25
including but not limited to laws, rules and regulations changes, finance, and the26
handling of funds. Post-license education hours may be used to satisfy eight hours27
of the twelve-hour annual continuing education requirement; however, post-license28 HLS 10RS-1399 ORIGINAL
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education hours shall not satisfy the four-hour mandatory continuing education topic1
specified by the commission.2
(3) The commission, through its education division, may accept real estate3
related credit hours from an accredited college or university as partial substitution4
of the broker licensing educational requirement.5
(4) The commission shall have the authority to accept experience in the real6
estate business or related fields as credit toward fulfillment of the education7
requirements set forth herein.8
(5)(a) All applicants for a salesperson's license shall show evidence9
satisfactory to the commission that they have completed ninety hours or its10
equivalent of instruction in real estate coursework approved by the commission prior11
to licensure. Satisfactory completion includes passage of an examination on course12
contents.13
(b) Each person obtaining an initial salesperson's license shall complete14
forty-five post-license education hours within one hundred eighty days after the15
initial license date. Such hours shall be in subjects required by the commission,16
including but not limited to laws, rules and regulations changes, finance, and the17
handling of funds. Post-license education hours may be used to satisfy eight hours18
of the twelve-hour annual continuing education requirement; however, post-license19
education hours shall not satisfy the four-hour mandatory continuing education topic20
specified by the commission.21
(6)(a)(I) In addition to all other education requirements set forth in this22
Chapter, the license of an individual real estate broker or salesperson shall not be23
renewed unless the broker or salesperson shall furnish proof of completion of twelve24
hours per year of continuing education pertaining to matters, including but not25
limited to laws, rules, and regulations relative to licensing, appraisal, finance, taxes,26
zoning, environmental quality, and the United States Department of Housing and27
Urban Development. Four of the required annual continuing education hours shall28
be in subjects specified by the commission. Post-license education hours may be29 HLS 10RS-1399 ORIGINAL
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used to satisfy eight hours of the twelve-hour annual continuing education1
requirement; however, post-license education hours shall not satisfy the four-hour2
mandatory continuing education topic specified by the commission.3
(ii) The commission shall promulgate rules and regulations necessary to4
implement the continuing education requirement and may mandate the completion5
of courses in specific real estate-related subjects. Such rules and regulations may6
require passage of an examination in order to satisfy the continuing education7
requirement.8
D. H. Every applicant for a license shall submit a sworn statement attesting9
that he has knowledge of and understands the provisions of the Fair Housing Act of10
1968 and the Louisiana Equal Housing Opportunity Act, and any amendments11
thereto or any successor legislation subsequently following, and that he shall not12
induce or attempt to induce any person to sell or rent any dwelling by representations13
regarding the entry or prospective entry into an area, subdivision, or neighborhood14
of a person or persons of a particular race, color, religion, or national origin.15
E. I. A nonresident may obtain a broker's or salesperson's license and engage16
in the real estate business in this state under conditions prescribed by the17
commission.18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pugh HB No. 593
Abstract: Authorizes a criminal background check on applicants for real estate broker or
salesperson's licensure. HLS 10RS-1399 ORIGINAL
HB NO. 593
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are additions.
Present law provides licensing requirements for an applicant for a real estate broker or
salesperson's license to be issued by the La. Real Estate Commission.
Proposed law retains present law.
Proposed law provides that the commission may also require an applicant to:
(1)Submit a full set of fingerprints in a form and manner prescribed by the commission.
(2)Permit the commission to request and obtain state and national criminal history
record information on the applicant.
(3)Submit such amount as may be incurred by the commission in requesting and
obtaining state and national criminal history record information on the applicant, in
addition to all other applicable fees and costs.
Proposed law authorizes the commission to request and obtain state and national criminal
history record information from the La. State Police Bureau of Identification and
Information and the F.B.I. relative to any applicant for licensing whose fingerprints the
commission has obtained for the purpose of determining the applicant's suitability and
eligibility for licensing.
Proposed law provides that upon request by the commission and upon the commission's
electronic submission of an applicant's fingerprints, and such other identifying information
as may be required, the La. State Police Bureau of Identification and Information shall
conduct a search of its criminal history record information relative to the applicant and
report the results of its search to the commission. The bureau may charge the commission
a processing fee for conducting and reporting on any such search.
Proposed law provides that any criminal history record information obtained by the
commission from the La. State Police Bureau of Identification and Information or F.B.I.,
which is not already a matter of public record, shall be deemed nonpublic and confidential
information restricted to the exclusive use of the commission, its members, officers,
investigators, agents, and attorneys in evaluating the applicant's eligibility or disqualification
for licensing. No such information or records related thereto shall be released or otherwise
disclosed by the commission or any other person or agency, except with the written consent
of the applicant or by order of a court of competent jurisdiction.
Effective upon signature of governor or lapse of time.
(Amends R.S. 37:1437(B), (C), (D), and (E); Adds R.S. 37:1437(F), (G), (H), and (I))