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 Engrossed 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 requires an applicant to submit certain identifying information to the La. Bureau of
Criminal Identification and Information for the release of all arrest and conviction information
contained in the La. Bureau of Criminal Identification and Information's criminal history files
pertaining to the applicant for licensure, and require the fingerprints to be forwarded by the La.
Bureau of Criminal Identification and Information to the FBI for a national criminal history check.
Proposed law requires the costs for obtaining the information required by proposed law to be charged
to the bureau, including the costs of providing the national criminal history check, and authorize the
bureau to impose any or all such costs on the applicant.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Define "criminal history record information".
2. Authorize the commission to access the criminal history record files of the La. Bureau
of Criminal Identification and Information for any licensee or applicant for licensure as
a broker.
3. Provide for the process of obtaining state and national criminal history record
information of applicants for licensure.
4. Provide for the payment of costs for obtaining criminal history record information of an
applicant and recovering such costs from the applicant.
5. Require a real estate broker seeking licensure to consent to and pay for a background
check.
6. Make technical changes.