BILL NUMBER: AB 2429 CHAPTERED
BILL TEXT
CHAPTER 278
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2006
APPROVED BY GOVERNOR SEPTEMBER 14, 2006
PASSED THE ASSEMBLY AUGUST 21, 2006
PASSED THE SENATE AUGUST 17, 2006
AMENDED IN SENATE JUNE 20, 2006
AMENDED IN SENATE JUNE 12, 2006
AMENDED IN ASSEMBLY APRIL 19, 2006
AMENDED IN ASSEMBLY MARCH 27, 2006
INTRODUCED BY Assembly Member Negrete McLeod
(Principal coauthor: Assembly Member Matthews)
(Coauthors: Assembly Members Bermudez, Chavez, Shirley Horton,
Houston, Jones, and Koretz)
(Coauthor: Senator Cox)
FEBRUARY 23, 2006
An act to amend Sections 10151, 10153.3, 10153.4, and 10153.5 of,
and to repeal Section 10153.9 of, the Business and Professions Code,
relating to real estate salespersons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2429, Negrete McLeod Real estate salespersons: licensure.
Existing law, the Real Estate Law, provides for the licensure and
regulation of real estate salespersons by the Department of Real
Estate. Under that law, a person may apply to take the real estate
salesperson license examination upon demonstrating, as specified, to
the Real Estate Commissioner enrollment in, or completion of, a real
estate principles course and, after passing the examination, is
required to submit to the commissioner evidence of the successful
completion of specified courses in real estate either prior to
issuance of the license or within 18 months after its issuance.
This bill would require a person whose application for the
licensure examination or for both the examination and license is
received by the commissioner on or after October 1, 2007, to
demonstrate, as specified, completion of the real estate principles
course as well as the other specified real estate courses required
for licensure before taking the real estate salesperson license
examination. The bill would waive these requirements for members of
the State Bar of California and applicants who qualified to take the
original real estate broker licensure examination by satisfying
certain requirements. The bill would also specify requirements for
persons whose applications are received by the commissioner prior to
October 1, 2007.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10151 of the Business and Professions Code is
amended to read:
10151. (a) Application for the real estate salesperson license
examination shall be made in writing to the commissioner. The
commissioner may prescribe the format and content of the salesperson
examination application. The application for the salesperson
examination shall be accompanied by the real estate salesperson
license examination fee.
(b) Persons who have been notified by the commissioner that they
passed the real estate salesperson license examination may apply for
a real estate salesperson license. A person applying for the
salesperson examination may also apply for a real estate salesperson
license. However, a license shall not be issued until the applicant
passes the real estate salesperson license examination. If there is
any change to the information contained in a real estate salesperson
license application after the application has been submitted and
before the license has been issued, the commissioner may require the
applicant to submit a supplement to the application listing the
changed information.
(c) An application for the real estate salesperson license
examination or for both the examination and license that is received
by the commissioner on or after October 1, 2007, shall include
evidence or certification, satisfactory to the commissioner, of
successful completion at an accredited institution of a
three-semester unit course, or the quarter equivalent thereof, or
successful completion of an equivalent course of study as defined in
Section 10153.5, in real estate principles as well as the successful
completion at an accredited institution of a course in real estate
practice and one additional course set forth in Section 10153.2,
other than real estate principles, real estate practice, advanced
legal aspects of real estate, advanced real estate finance, or
advanced real estate appraisal. The applicant shall provide this
evidence or certification to the commissioner prior to taking the
real estate salesperson license examination.
(d) The commissioner shall waive the requirements of this section
for the following applicants:
(1) An applicant who is a member of the State Bar of California.
(2) An applicant who has qualified to take the examination for an
original real estate broker license by satisfying the requirements of
Section 10153.2.
SEC. 2. Section 10153.3 of the Business and Professions Code is
amended to read:
10153.3. (a) This section shall apply to an application for the
real estate salesperson license examination, the real estate
salesperson license, and for both the examination and license
received by the commissioner prior to October 1, 2007.
(b) Application for the real estate salesperson license
examination pursuant to this section shall be made in writing to the
commissioner. The commissioner may prescribe the format and content
of the salesperson examination application. The application for the
salesperson examination shall be accompanied by the real estate
salesperson license examination fee.
(c) In order to take the examination for a real estate salesperson
license, an applicant under this section shall submit evidence or
certification satisfactory to the commissioner of enrollment in, or
successful completion at, an accredited institution of a
three-semester unit course, or the quarter equivalent thereof, or
successful completion of an equivalent course of study as defined in
Section 10153.5, in real estate principles. Evidence of enrollment
satisfactory to the commissioner may include a statement from the
applicant made under penalty of perjury.
(d) An applicant under this section may take the real estate
salesperson license examination within two years of the date his or
her application was received by the commissioner. Notwithstanding
subdivision (c), if the applicant fails to schedule an examination or
to obtain a passing score on it within that time period, he or she
shall be required to submit evidence or certification satisfactory to
the commissioner of satisfactory completion at an accredited
institution of the courses described in subdivision (c) of Section
10151 or satisfactory completion of an equivalent course of study as
defined in Section 10153.5, before taking the examination.
(e) An applicant under this section shall, prior to issuance of
the real estate salesperson license, submit evidence or certification
satisfactory to the commissioner of successful completion of the
real estate principles course as described in subdivision (c) and of
successful completion at an accredited institution or successful
completion of an equivalent course of study as defined in Section
10153.5, of a course in real estate practice and one additional
course set forth in Section 10153.2 other than real estate
principles, real estate practice, advanced legal aspects of real
estate, advanced real estate finance, or advanced real estate
appraisal.
(f) The commissioner shall waive the requirements of this section
for an applicant who is a member of the State Bar of California, or
who has completed an equivalent course of study, as determined under
Section 10153.5, or who has qualified to take the examination for an
original real estate broker license by satisfying the requirements of
Section 10153.2.
SEC. 3. Section 10153.4 of the Business and Professions Code is
amended to read:
10153.4. (a) This section shall apply to an application for the
real estate salesperson license examination, the real estate
salesperson license, and for both the examination and license
received by the commissioner prior to October 1, 2007, if the
applicant obtains a passing score on the real estate salesperson
license examination and submits a license application prior to
October 1, 2007.
(b) Application for the real estate salesperson license
examination pursuant to this section shall be made in writing to the
commissioner. The commissioner may prescribe the format and content
of the salesperson examination application. The application for the
salesperson examination shall be accompanied by the real estate
salesperson license examination fee.
(c) An applicant under this section shall comply with the
requirements of subdivision (c) of Section 10153.3 in order to take
the real estate salesperson license examination.
(d) An applicant under this section who obtains a passing score on
the real estate salesperson license examination prior to October 1,
2007, shall, prior to the issuance of the real estate salesperson
license, submit evidence or certification satisfactory to the
commissioner of successful completion at an accredited institution of
a three-semester unit course, or the quarter unit equivalent
thereof, or successful completion of an equivalent course of study as
defined in Section 10153.5, in real estate principles as described
in subdivision (c) of Section 10153.3. An applicant for an original
real estate salesperson license under this section shall also, prior
to the issuance of the license, or within 18 months after issuance,
submit evidence or certification satisfactory to the commissioner of
successful completion at an accredited institution or a private
vocational school, as specified in Section 10153.5, of a course in
real estate practice and one additional course set forth in Section
10153.2, other than real estate principles, real estate practice,
advanced legal aspects of real estate, advanced real estate finance,
or advanced real estate appraisal.
(e) A salesperson who qualifies for a license pursuant to this
section shall not be required for the first license renewal
thereafter to complete the continuing education pursuant to Article
2.5 (commencing with Section 10170), except for the courses specified
in paragraphs (1) to (4), inclusive, of subdivision (a) of Section
10170.5 or, on and after July 1, 2007, except for the courses
specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
Section 10170.5.
(f) The salesperson license issued to an applicant who has
satisfied only the requirements of subdivision (c) at the time of
issuance shall be automatically suspended effective 18 months after
issuance if the licensee has failed to satisfy the requirements of
subdivision (d). The suspension shall not be lifted until the
suspended licensee has submitted the required evidence of course
completion and the commissioner has given written notice to the
licensee of the lifting of the suspension.
(g) The original license issued to a salesperson shall clearly set
forth the conditions of the license and shall be accompanied by a
notice of the provisions of this section and of any regulations
adopted by the commissioner to implement this section.
(h) The commissioner shall waive the requirements of this section
for any person who presents evidence of admission to the State Bar of
California, and the commissioner shall waive the requirement for any
course for which an applicant has completed an equivalent course of
study as determined under Section 10153.5.
SEC. 4. Section 10153.5 of the Business and Professions Code is
amended to read:
10153.5. As used in Sections 10151, 10153.2, 10153.3, and
10153.4, "an equivalent course of study" consists of courses at a
private vocational school that have been found by the commissioner,
upon consideration of an application for approval, to be equivalent
in quality to the real estate courses offered by the colleges and
universities accredited by the Western Association of Schools and
Colleges.
As used in Sections 10151, 10153.2, 10153.3, and 10153.4,
"accredited institution" shall mean a college or university that
either:
(a) Is accredited by the Western Association of Schools and
Colleges, or by any other regional accrediting agency recognized by
the United States Department of Education.
(b) In the judgment of the commissioner, has a real estate
curriculum equivalent in quality to that of the institutions
accredited pursuant to subdivision (a).
SEC. 5. Section 10153.9 of the Business and Professions Code is
repealed.