Louisiana Revised Statutes 37:1435.1 – A. As used in this Section, the following terms have the following meanings:
Terms Used In Louisiana Revised Statutes 37:1435.1
- Arrest: Taking physical custody of a person by lawful authority.
- Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:1431
- Conviction: A judgement of guilt against a criminal defendant.
- Licensee: means any person who has been issued a license by the commission to participate in any activity described in this Section. See Louisiana Revised Statutes 37:1431
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Real estate: shall mean and include condominiums and leaseholds, as well as any other interest in land, with the exceptions of oil, gas and other minerals and whether the real estate is situated in this state or elsewhere. See Louisiana Revised Statutes 37:1431
- Real estate activity: means any activity relating to any portion of a real estate transaction performed for another by any person, partnership, limited liability company, association, or corporation, foreign or domestic, whether pursuant to a power of attorney or otherwise, who for a fee, commission, or other valuable consideration or with the intention, in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration:
(a) Sells, exchanges, purchases, manages, rents, or leases or negotiates the sale, exchange, purchase, rental, or leasing of real estate. See Louisiana Revised Statutes 37:1431
- real estate broker: means a licensed real estate broker performing activities as an individual real estate broker, a sponsoring broker or designated qualifying broker, or a corporation, partnership, or limited liability company which has been granted a real estate license through a designated qualifying broker. See Louisiana Revised Statutes 37:1431
- Real estate salesperson: means a person, other than an associate broker, sponsored by a licensed real estate broker to participate in any activity described in this Section. See Louisiana Revised Statutes 37:1431
A. As used in this Section, the following terms have the following meanings:
(1) “Applicant” means an individual who applies to the commission to request the initial issuance or reinstatement of any form of licensure the commission is authorized to issue according to this Chapter.
(2) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(3) “Commission” means the Louisiana Real Estate Commission.
(4) “Criminal history record information” means all state records of arrest, prosecution, conviction, including those which have been expunged or dismissed pursuant to Code of Criminal Procedure Article 893, and national records which shall include fingerprints of the applicant, biometrics, and other identifying information, if so requested by the department.
(5) “FBI” means the Federal Bureau of Investigation of the United States Department of Justice.
(6) “Licensure” means any form of licensure the commission is authorized to issue in accordance with this Chapter.
B.(1) The legislature hereby finds and declares it is vitally important to the public health, interest, and welfare to protect Louisiana citizens, their residences, and other property by reasonably regulating the licensure of persons performing real estate activity in the state.
(2)(a) Accordingly, pursuant to this Section, the commission is hereby authorized to request and obtain state and national criminal history record information from the bureau and the FBI regarding each applicant.
(b) Notwithstanding Subparagraph (a) of this Paragraph, the commission’s use of fingerprints shall be for the limited purposes of determining the initial licensure or reinstatement eligibility of each applicant and conducting directly related matters in accordance with the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq, or other applicable law.
(3) The commission shall be entitled to the criminal history record and identification files of the Louisiana Bureau of Criminal Identification and Information, located within the Department of Public Safety and Corrections, of any person who is licensed or is applying to be licensed as a real estate salesperson or broker. Fingerprints, biometrics, and other identifying information of the applicant shall be submitted to the Louisiana Bureau of Criminal Identification and Information for qualification and registry, and the Louisiana Bureau of Criminal Identification and Information shall, upon request of the bureau and after receipt of such fingerprint card and other identifying information from the applicant, make available to the bureau all arrest and conviction information contained in the Louisiana Bureau of Criminal Identification and Information’s criminal history record and identification files which pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded by the Louisiana Bureau of Criminal Identification and Information to the Federal Bureau of Investigation for a national criminal history record check.
(4) In accordance with the authority provided for in this Chapter, the costs of providing the information required in accordance with this Section shall be charged by the Louisiana Bureau of Criminal Identification and Information, as specified in La. Rev. Stat. 15:587(B), to the bureau for furnishing information contained in the Louisiana Bureau of Criminal Identification and Information’s criminal history records and identification files, including any additional cost of providing the national criminal history records check, which pertains to the applicant. The bureau may impose any or all such fees or costs on the applicant.
C. Notwithstanding any other provision of this Chapter, the commission may require an applicant to do any of the following to determine the initial licensure or reinstatement eligibility of an applicant:
(1) Submit a complete set of fingerprints in the form and manner required by the bureau.
(2) Authorize the commission to request and obtain state and national criminal history record information relating to the applicant.
(3) Pay to the bureau an amount equal to the administrative costs imposed by or on behalf of the bureau, relating to submission and processing of applicant fingerprints for review of criminal history record information.
D. The commission is required to do all of the following relative to its access, use, and maintenance of criminal history record information:
(1) Prescribe a form to be completed by each applicant prior to any fingerprint submission, which shall include all of the following at a minimum:
(a) An acknowledgment that fingerprints submitted to the bureau or commission shall be used to check the national criminal history records maintained by the FBI.
(b) An inquiry requiring the applicant to specifically identify or state the specific reason he has submitted fingerprints to the bureau or commission.
(c) A statement providing the procedure and contact information necessary to challenge the accuracy of information contained in the FBI identification record of the applicant.
(d) Any other notice or information required by the bureau to be disclosed to an applicant prior to the submission of fingerprints.
E.(1) Notwithstanding any other provision of this Section, this Section shall not apply to any licensee, who is licensed and in good standing with the commission, on or before December 31, 2022.
(2) Notwithstanding Paragraph (1) of this Subsection, any real estate salesperson licensed on or before December 31, 2022, who subsequently applies on or after January 1, 2023, either for initial licensure as a real estate broker or for the reinstatement of any suspended or revoked license issued by the commission shall be subject to this Section.
(3) Every real estate salesperson or broker who seeks licensure with the commission shall consent to and pay the costs of a background check pursuant to La. Rev. Stat. 15:587.
Acts 2022, No. 553, §1, eff. Jan. 1, 2023.