SSHB586 4145 5416
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 586 2022 Regular Session Thomas
REAL ESTATE: Provides limited authority to the Louisiana Real Estate Commission to
access certain criminal history record information of licensees and applicants
Synopsis of Senate Amendments
1.Deletes Code of Criminal Procedure Article 894, which deals with the
suspension and deferral of a sentence, from the definition of criminal history
record information.
2.Expands the commission's ability to access the criminal history record and
identification files to persons who are licensed or applying for licensure as a
real estate salesperson or broker.
Digest of Bill as Finally Passed by Senate
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
applicant's 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.
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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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