HLS 22RS-583 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 586
BY REPRESENTATIVE THOMAS
REAL ESTATE: Provides limited authority to the Louisiana Real Estate Commission to
access certain criminal history record information of licensees and applicants
1 AN ACT
2To enact R.S. 37:1435.1, relative to the authority of the Louisiana Real Estate Commission;
3 to authorize access to certain criminal history record information; to provide for
4 definitions; to provide for legislative intent; to establish minimum standards and
5 procedure; to provide for limitations to the access and use of certain criminal history
6 record information; to provide for effectiveness; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1435.1 is hereby enacted to read as follows:
9 §1435.1. Authority to obtain criminal history record information
10 A. As used in this Section, the following terms have the following meanings:
11 (1) "Applicant" means an individual who applies to the commission to
12 request the initial issuance or reinstatement of any form of licensure the commission
13 is authorized to issue according to this Chapter.
14 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
15 Information of the office of state police within the Department of Public Safety and
16 Corrections.
17 (3) "Commission" means the Louisiana Real Estate Commission.
18 (4) "Criminal history record information" means the information collected
19 on individuals by state and federal criminal justice agencies consisting of identifiable
20 fingerprint based records of arrests and detentions, including sentencing, criminal,
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1 and release. It shall not include intelligence information gathered for investigatory
2 purposes or any identification information which does not indicate involvement of
3 the individual in the criminal justice system.
4 (5) "FBI" means the Federal Bureau of Investigation of the United States
5 Department of Justice.
6 (6) "Licensure" means any form of licensure the commission is authorized
7 to issue according to this Chapter.
8 B.(1) The legislature hereby finds and declares it is vitally important to the
9 public health, interest, and welfare to protect Louisiana citizens, their residences, and
10 other property by reasonably regulating the licensure of persons performing real
11 estate activity in the state.
12 (2)(a) Accordingly, pursuant to this Section, the commission is hereby
13 authorized to request and obtain state and national criminal history record
14 information from the bureau and the FBI regarding each applicant.
15 (b) Notwithstanding Subparagraph (a) of this Paragraph, the commission’s
16 use of fingerprints shall be for the limited purposes of determining the initial
17 licensure or reinstatement eligibility of each applicant and conducting directly
18 related matters in accordance with the Administrative Procedure Act, R.S. 49:950 et
19 seq, or other applicable law.
20 C. Notwithstanding any other provision of this Chapter, the commission may
21 require an applicant to do any of the following to determine the initial licensure or
22 reinstatement eligibility of an applicant:
23 (1) Submit a complete set of fingerprints in the form and manner required
24 by the bureau.
25 (2) Authorize the commission to request and obtain state and national
26 criminal history record information relating to the applicant.
27 (3) Pay to the bureau an amount equal to the administrative costs imposed
28 by or on behalf of the bureau, relating to submission and processing of applicant
29 fingerprints for review of criminal history record information.
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1 D. The commission is required to do all of the following relative to its
2 access, use, and maintenance of criminal history record information:
3 (1) Prescribe a form to be completed by each applicant prior to any
4 fingerprint submission, which shall include all of the following at a minimum:
5 (a) An acknowledgment that fingerprints submitted to the bureau or
6 commission shall be used to check the national criminal history records maintained
7 by the FBI.
8 (b) An inquiry requiring the applicant to specifically identify or state the
9 specific reason he has submitted fingerprints to the bureau or commission.
10 (c) A statement providing the procedure and contact information necessary
11 to challenge the accuracy of information contained in the FBI identification record
12 of the applicant.
13 (d) Any other notice or information required by the bureau to be disclosed
14 to an applicant prior to the submission of fingerprints.
15 E.(1) Notwithstanding any other provision of this Section, this Section shall
16 not apply to any licensee, who is licensed and in good standing with the commission,
17 on or before December 31, 2022.
18 (2) Notwithstanding Paragraph (1) of this Subsection, any real estate
19 salesperson licensed on or before December 31, 2022 who subsequently applies on
20 or after January 1, 2023 either for initial licensure as a real estate broker or for the
21 reinstatement of any suspended or revoked license issued by the commission shall
22 be subject to this Section.
23 (3) Every real estate salesperson who seeks licensure with the Commission
24 shall consent to, pass, and pay the costs of a background check pursuant to R.S.
25 15:587.
26 Section 2. This Act shall become effective January 1, 2023.
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HB NO. 586
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 586 Original 2022 Regular Session Thomas
Abstract: Authorizes the Louisiana Real Estate Commission to access the criminal history
record information of licensees and applicants in certain circumstances.
Proposed law defines "applicant", "bureau", "commission", "criminal history record
information", "FBI", and "licensure".
Proposed law authorizes the La. Real Estate Commission (LREC) to obtain from the FBI an
applicant's state and national criminal history record information.
Proposed law limits LREC's use of fingerprints to only as necessary for determining
licensure eligibility of each applicant and matters directly related to same.
Proposed law authorizes LREC to enact the following requirements for an applicant to
follow so that LREC may determine licensure eligibility:
(1)Submit complete fingerprints that comply with FBI requirements.
(2)Give LREC permission to obtain state and national criminal history record
information.
(3)Pay for the cost imposed by the FBI to process fingerprints for review of an
applicants criminal history record information.
Proposed law requires LREC to:
(1) Comply with all FBI requirements relative to its access of criminal history record
information.
(2) Provide a form for applicants to complete to give them notice of what information
will be obtained by providing fingerprints to LREC and the FBI and how the
information will be used.
Proposed law does not apply to any licensees who are in good standing with LREC on or
before Dec. 31, 2022.
Proposed law provides that proposed law does apply to licensees licensed on or before Dec.
31, 2022 who go on to apply for initial licensure as a real estate broker or to reinstate any
suspended or revoked license issued by LREC.
Effective Jan. 1, 2023.
(Adds R.S. 37:1435.1)
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