Louisiana House Bill HB586

Louisiana 2022 Regular Session

• Introduced: 3/4/22
• Refer: 3/4/22
• Refer: 3/14/22
• Report Pass: 4/5/22
• Engrossed: 4/11/22
• Refer: 4/12/22
• Report Pass: 5/4/22
• Enrolled: 6/6/22
• Chaptered: 6/17/22
• Passed: 6/17/22

Caption

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.