Provides limited authority to the Louisiana Real Estate Commission to access certain criminal history record information of licensees and applicants
Impact
If enacted, HB 586 will change the licensure process for real estate agents and brokers in Louisiana. Starting January 1, 2023, all applicants must consent to a background check, which includes submitting fingerprints for a criminal history record check. This move aims to standardize the evaluation of applicants and bolster trust in real estate professionals, aligning with the state's goal of protecting its residents and properties. Any lapses in the criminal history review process could have significant implications, especially if a previously licensed individual is found to have a criminal past impacting their eligibility.
Summary
House Bill 586 aims to grant the Louisiana Real Estate Commission the authority to access certain criminal history record information of individuals applying for or renewing real estate licenses. The bill's primary objective is to enhance public safety and welfare by ensuring that individuals licensed to perform real estate activities meet specific moral and ethical standards. By allowing access to both state and national criminal history records, the bill seeks to protect citizens from potential harm that could arise from licensure of unqualified individuals.
Sentiment
The sentiment surrounding HB 586 is generally supportive, especially among lawmakers who prioritize public safety and the integrity of real estate transactions. Proponents argue that the bill is a necessary step in ensuring qualified individuals are licensed to serve in the market. However, there could be concerns from existing license holders regarding potential costs or implications from this new requirement, which might raise questions around procedural fairness and the potential for delays in the licensing process.
Contention
While most discussion has centered around the positive aspects of ensuring qualified professionals within the real estate market, there are underlying contentions regarding privacy issues and the costs of background checks being passed on to applicants. Additionally, some may argue that certain criminal records, especially those that are expunged, should not be a barrier to licensure, raising questions of equity and the justification of using past offenses to determine an individual's current eligibility.
Provides relative to criminal history record information obtained by the Louisiana State Board of Medical Examiners. (8/1/19) (EN SEE FISC NOTE SD EX See Note)
Provides relative to criminal history records checks for agencies with access to federal tax information, criminal history record information, or state issued REAL ID information (EN INCREASE GF EX See Note)
Authorizing the attorney general and the state gaming agency to receive certain additional criminal history records, updating criminal history record language related to the state bank commissioner, requiring the secretary of labor to conduct criminal history record checks on employees who have access to federal tax information and authorizing the secretary of commerce to conduct such checks on final applicants for and employees in certain sensitive positions.
Provides for access to criminal history records and identification files by the office of technology services. (8/1/22) (EN SEE FISC NOTE SG RV See Note)
Requiring criminal history record check information relating to hemp producers to be sent to the state fire marshal, updating the fingerprinting language for the state banking commissioner for money transmitters and earned wage access services providers and authorizing the state gaming agency and attorney general to have access to more criminal history record information.
Provides for authorized agents for purposes of criminal history checks on nonlicensed persons and licensed ambulance personnel. (8/1/13) (EN SEE FISC NOTE SD RV See Note)