Louisiana 2021 Regular Session

Louisiana House Bill HB258 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 193
2021 Regular Session
HOUSE BILL NO. 258
BY REPRESENTATIVE EDMONSTON AND SENATORS L AMBERT AND PRICE
1	AN ACT
2 To 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.
7 Be 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
9 and 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
21 Housing and Urban Development.  A minimum of four of the required annual
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1 continuing education hours shall be in subjects specified by the commission. 
2 Post-license education hours may be used to satisfy eight hours of the twelve-hour
3 annual continuing education requirement; however, post-license education hours
4 shall not satisfy the mandatory continuing education topics specified by the
5 commission.  The commission shall not allow a licensee to complete fewer than
6 twelve hours of continuing education to satisfy the requirements of this Section.
7 Failure to timely complete continuing education in accordance with this Subsection
8 constitutes a violation of this Chapter.
9	*          *          *
10 §1437.3.  Inactive license
11	*          *          *
12	B.  Any licensee in good standing with the commission may elect to place his
13 license in an inactive license status at any time prior to expiration of the license by
14 submitting the appropriate transfer application and remitting the applicable fees as
15 set forth in this Chapter.  Within the three-month delinquency period immediately
16 following the expiration of the last active license and upon payment of appropriate
17 renewal and inactive license transfer fees, former licensees may transfer their license
18 to the inactive status.
19	*          *          *
20 §1442.  License, certificate, and registration issuance and renewal
21	A.(1)  Each license, certificate, or registration issued under pursuant to this
22 Chapter shall be:
23	(a)  Effective issued for a period of one year.
24	(b)  Renewed timely on or before September thirtieth annually.
25	(c)  Expired and shall expire on December thirty-first following the date upon
26 which it is issued.  Each license, certificate, or registration shall be renewed
27 annually.
28	(2)  Conducting A licensee or registrant who conducts any activity authorized
29 by the license, certificate, or registration after the expiration of the license,
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1 certificate, or registration shall be deemed a in violation of this Chapter.  Licenses,
2 certificates, or registrations not renewed by January first shall be considered expired.
3	B.(1)  Any licensee or registrant who fails to renew timely may thereafter
4 renew upon payment of the license or registration delinquently by submitting all of
5 the following no later than December thirty-first annually:
6	(a)  Payment of the appropriate renewal and delinquent fees prescribed by
7 this Chapter.
8	(b)  A and upon filing of a complete renewal application.
9	(2)  The period for delinquent renewal of an expired license or registration
10 shall be limited to the three-month period immediately following the expiration date
11 of the active license or registration.  Failure A licensee or registrant who fails to
12 delinquently renew an expired a license or registration during this three-month
13 period shall result in a forfeiture of by December thirty-first forfeits his renewal
14 rights, and shall require the former licensee or registrant shall be required to apply
15 as an initial applicant and meet all requirements of an initial applicant. However,
16 notwithstanding any other provision of this Chapter, nothing herein requires the
17 former licensee or registrant to complete the ninety hours of real estate coursework,
18 which is required prior to initial licensure pursuant to R.S. 37:1437.
19	C.  Any inactive licensee who fails to renew timely may thereafter renew
20 upon payment of the appropriate renewal fees and filing of a complete renewal
21 application.  The period for delinquent renewal of an expired delinquent inactive
22 license will be limited to the three-month period immediately following the
23 expiration date of the inactive license.  Failure to renew delinquently an expired
24 inactive license during the three-month period will result in the forfeiture of renewal
25 rights and will require the former licensee to apply as an initial applicant and meet
26 all requirements of an initial applicant.
27	D.  Timeshare registrants who fail to renew timely may thereafter renew
28 within three months of the expiration of their registration upon payment of a
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1 delinquency renewal fee; however, Notwithstanding any provision of law to the
2 contrary, registered timeshare developers of timeshare projects who qualify under
3 pursuant to Section 5 of Act No. 999 of the 1985 Regular Session of the Legislature
4 but and who fail to renew timely shall no longer qualify under pursuant to that
5 Section Act.
6 §1443.  Fees
7	The commission may charge:
8	*          *          *
9	(4)  Delinquent fees, in addition to the renewal fee, if not renewed by
10 December thirty-first September thirtieth of the applicable license, or registration,
11 or certification period:
12	(a)  January October 1 - February November 15 Active and inactive Inactive
13 Licensees
14	$50.00
15	(b)  February November 16 - March December 31 Active Licensees
16	$200.00
17	(c)  February November 16 - March December 31 Inactive Licensees
18	$50.00
19	(d)  January October 1 - January December 31 Real estate schools, vendors,
20 and pre-license instructors
21	$ 50.00
22	*          *          *
23 Section 2.  Notwithstanding Section 1 and Section 4 of this Act, a licensee or
24 registrant may delinquently renew his license or registration without reapplying as an initial
25 applicant from January 1, 2023 through January 31, 2023.  However, the Louisiana Real
26 Estate Commission shall permit a renewal in accordance with this Section only after the
27 licensee or registrant submits satisfactory proof that he has obtained the appropriate
28 insurance policy required by R.S. 37:1430 et seq. and pays the applicable renewal fee
29 required by Section 1 of this Act.
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1 Section 3.  This Section and Section 2 of this Act shall be effective only from April
2 1, 2022 through February 1, 2023.
3 Section 4.  Sections 1, 2, 3, and this Section shall become effective on April 1, 2022.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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