HLS 21RS-698 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 258
BY REPRESENTATIVE EDMONSTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
REAL ESTATE/COMMISSION: Provides relative to renewal of real estate licenses and
timeshare registrations
1 AN ACT
2To amend and reenact R.S. 37:1437(C)(5)(a), 1437.3(B), 1442, and 1443(4), relative to real
3 estate license and registration renewal; to provide for continuing education
4 requirements; to provide for the procedure for inactive license status; to provide for
5 renewal procedure; to provide for renewal deadlines; to provide for effectiveness; to
6 provide for applicability; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1437(C)(5)(a), 1437.3(B), 1442, and 1443(4) are hereby amended
9and reenacted to read as follows:
10 §1437. Application for license
11 * * *
12 C.
13 * * *
14 (5)(a) In addition to all other education requirements set forth in this
15 Chapter, regardless of initial license date, the license of an individual real estate
16 broker or salesperson shall not be renewed unless the broker or salesperson shall
17 furnish proof of completion of twelve hours per year of continuing education
18 pertaining to matters, including but not limited to laws, rules, and regulations relative
19 to licensing, appraisal, finance, taxes, zoning, environmental quality, and the rules
20 and programs promulgated or administered by the United States Department of
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HB NO. 258
1 Housing and Urban Development. A minimum of four of the required annual
2 continuing education hours shall be in subjects specified by the commission.
3 Post-license education hours may be used to satisfy eight hours of the twelve-hour
4 annual continuing education requirement; however, post-license education hours
5 shall not satisfy the mandatory continuing education topics specified by the
6 commission. The commission shall not allow a licensee to complete fewer than
7 twelve hours of continuing education to satisfy the requirements of this Section.
8 Failure to timely complete continuing education in accordance with this Subsection
9 constitutes a violation of this Chapter.
10 * * *
11 §1437.3. Inactive license
12 * * *
13 B. Any licensee in good standing with the commission may elect to place his
14 license in an inactive license status at any time prior to expiration of the license by
15 submitting the appropriate transfer application and remitting the applicable fees as
16 set forth in this Chapter. Within the three-month delinquency period immediately
17 following the expiration of the last active license and upon payment of appropriate
18 renewal and inactive license transfer fees, former licensees may transfer their license
19 to the inactive status.
20 * * *
21 §1442. License, certificate, and registration issuance and renewal
22 A.(1) Each license, certificate, or registration issued under pursuant to this
23 Chapter shall be:
24 (a) Effective issued for a period of one year.
25 (b) Renewed timely on or before September thirtieth annually.
26 (c) Expired and shall expire on December thirty-first following the date upon
27 which it is issued. Each license, certificate, or registration shall be renewed
28 annually.
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1 (2) Conducting A licensee or registrant who conducts any activity authorized
2 by the license, certificate, or registration after the expiration of the license,
3 certificate, or registration shall be deemed a in violation of this Chapter. Licenses,
4 certificates, or registrations not renewed by January first shall be considered expired.
5 B.(1) Any licensee or registrant who fails to renew timely may thereafter
6 renew upon payment of the license or registration delinquently by submitting all of
7 the following no later than December thirty-first annually:
8 (a) Payment of the appropriate renewal and delinquent fees prescribed by
9 this Chapter.
10 (b) A and upon filing of a complete renewal application.
11 (2) The period for delinquent renewal of an expired license or registration
12 shall be limited to the three-month period immediately following the expiration date
13 of the active license or registration. Failure A licensee or registrant who fails to
14 delinquently renew an expired a license or registration during this three-month
15 period shall result in a forfeiture of by December thirty-first forfeits his renewal
16 rights, and shall require the former licensee or registrant shall be required to apply
17 as an initial applicant and meet all requirements of an initial applicant. However,
18 notwithstanding any other provision of this Chapter, nothing herein requires the
19 former licensee or registrant to complete the ninety hours of real estate coursework,
20 which is required prior to initial licensure pursuant to R.S. 37:1437.
21 C. Any inactive licensee who fails to renew timely may thereafter renew
22 upon payment of the appropriate renewal fees and filing of a complete renewal
23 application. The period for delinquent renewal of an expired delinquent inactive
24 license will be limited to the three-month period immediately following the
25 expiration date of the inactive license. Failure to renew delinquently an expired
26 inactive license during the three-month period will result in the forfeiture of renewal
27 rights and will require the former licensee to apply as an initial applicant and meet
28 all requirements of an initial applicant.
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1 D. Timeshare registrants who fail to renew timely may thereafter renew
2 within three months of the expiration of their registration upon payment of a
3 delinquency renewal fee; however, Notwithstanding any provision of law to the
4 contrary, registered timeshare developers of timeshare projects who qualify under
5 pursuant to Section 5 of Act No. 999 of the 1985 Regular Session of the Legislature
6 but and who fail to renew timely shall no longer qualify under pursuant to that
7 Section Act.
8 §1443. Fees
9 The commission may charge:
10 * * *
11 (4) Delinquent fees, in addition to the renewal fee, if not renewed by
12 December thirty-first September thirtieth of the applicable license, or registration,
13 or certification period:
14 (a) January October 1 - February November 15 Active and inactive Inactive
15 Licensees
16 $50.00
17 (b) February November 16 - March December 31 Active Licensees
18 $200.00
19 (c) February November 16 - March December 31 Inactive Licensees
20 $50.00
21 (d) January October 1 - January December 31 Real estate schools, vendors,
22 and pre-license instructors
23 $ 50.00
24 * * *
25 Section 2. Notwithstanding Section 1 and Section 4 of this Act, a licensee or
26registrant may delinquently renew his license or registration without reapplying as an initial
27applicant from January 1, 2023 through January 31, 2023. However, the Louisiana Real
28Estate Commission shall permit a renewal in accordance with this Section only after the
29licensee or registrant submits satisfactory proof that he has obtained the appropriate
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1insurance policy required by R.S. 37:1430 et seq. and pays the applicable renewal fee
2required by Section 1 of this Act.
3 Section 3. This Section and Section 2 of this Act shall be effective only from April
41, 2022 through February 1, 2023.
5 Section 4. Sections 1, 2, 3, and this Section shall become effective on April 1, 2022.
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)]
HB 258 Engrossed 2021 Regular Session Edmonston
Abstract: Provides for the issuance and renewal time periods and delinquent fee of certain
real estate licenses and registrations.
Present law requires an individual real estate broker or salesperson to provide proof that they
have completed 12 hours of continuing education coursework in areas including but not
limited to laws, rules, and regulations relative to licensing, appraisal finance, taxes, zoning,
environmental quality, and the U.S. Dept. of Housing and Urban Development in order for
their license to be renewed.
Proposed law retains present law but removes the provision stating that the license shall not
be renewed.
Proposed law changes the continuing education requirement relative to the U.S. Dept. of
Housing and Urban Development to require that the coursework pertain to the rules and
programs promulgated or administered by the U.S. Dept. of Housing and Urban
Development.
Proposed law prohibits the La. Real Estate Commission from allowing a licensee to
complete less than 12 hours of continuing education to satisfy the requirements of present
and proposed law and provides that failing to timely complete such continuing education is
a violation of present and proposed law.
Present law allows a licensee in good standing to place his license in inactive license status
by submitting the transfer application and paying certain fees.
Proposed law retains present law but adds that transfer to inactive status be done prior to the
expiration of the license.
Present law provides for the process for transferring an expired license to inactive license
status.
Proposed law repeals present law.
Present law allows the La. Real Estate Commission to issue licenses, certificates, and
registrations.
Proposed law removes certificates.
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Present law provides that each license or registration is issued for one year and expires on
December 31st following the date that the license was issued. Further, present law requires
a license or registration to be renewed by January 1st or it expires.
Proposed law requires each license or registration to be renewed timely on or before
September 30th each year.
Present law provides a delinquent fee schedule based on the time frame that active licensees
and inactive licensees renew the expired license or registration.
Proposed law revises the time frames.
Present law provides for the delinquent renewal of an expired license or registration within
a three-month period immediately following the expiration date of the active license or
registration.
Proposed law repeals present law.
Present law provides that failure to delinquently renew an expired license or registration
within the required three-months period results in a forfeiture of his renewal rights and
requires the former licensee to apply as an initial applicant.
Proposed law retains present law but changes the applicability from an expired license to a
license and adds that delinquent renewal be done by Dec. 31, to avoid forfeiture.
Proposed law states that the requirement that the former licensee who fails to delinquently
renew apply as an initial applicant does not require the licensee to complete the 90 hours of
real estate coursework required prior to initial licensure.
Present law allows timeshare registrants who fail to renew timely to pay a delinquency
renewal fee within three months of the expiration of their registration.
Proposed law repeals present law.
Proposed law allows for a grace period from Jan. 1, 2023 through Jan. 31, 2023 in which a
licensee applying for delinquent renewal can do so without having to reapply as an initial
applicant and makes this grace period effective from April 1, 2022 to Feb. 1, 2023.
Effective April 1, 2022.
(Amends R.S. 37:1437(C)(5)(a), 1437.3(B), 1442, and 1443(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Change a provision stating that the license of an individual real estate broker or
salesperson shall not have his license renewed unless the broker or salesperson
provides proof of completion of 12 hours of continuing education pertaining to
certain matters to require the broker or salesperson to furnish proof of 12 hours
of continuing education but remove portion stating that the license shall not be
renewed.
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HB NO. 258
3. Change continuing education requirement pertaining to the U.S. Dept. of
Housing and Urban Development to add that the continuing education pertain to
the rules and programs promulgated or administered by the U.S. Dept. of
Housing and Urban Development.
4. Prohibit the La. Real Estate Commission from allowing a licensee to complete
less than 12 hours of continuing education to satisfy the continuing education
requirements.
5. Add a provisions regarding inactive license status that makes inactive license
status applicable only to licenses that are not expired and removes the provision
which outlines the process for transferring an expired license to inactive status.
6. Remove reference to delinquent renewal of an expired license and makes
delinquent renewal applicable only to active licenses.
7. Add that the process for delinquent renewal of a license does not require the
former licensee to complete the 90 hours of real estate coursework that is
required for initial licensure.
8. Add a grace period for licensees applying for delinquent renewal of a license to
allow a licensee who is applying for delinquent renewal to apply without having
to reapply as an initial applicant from Jan. 1, 2023 through Jan. 31, 2023 and
provides that this grace period is effective from April 1, 2022 through Feb. 1,
2023.
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