Louisiana 2021 2021 Regular Session

Louisiana House Bill HB258 Comm Sub / Analysis

                    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.
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.
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.