BILL NUMBER: SB 1461	CHAPTERED
	BILL TEXT

	CHAPTER  284
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2008
	PASSED THE SENATE  MAY 1, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  APRIL 22, 2008

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 21, 2008

   An act to amend Section 10140.6 of the Business and Professions
Code, relating to real estate.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1461, Negrete McLeod. Real estate licensees.
   Existing law, the Real Estate Law, governs the licensing and
regulation of real estate licensees, as defined, as administered by
the Real Estate Commissioner. Under those provisions, a real estate
licensee is prohibited from publishing, circulating, distributing, or
causing to be published, circulated, or distributed in any newspaper
or periodical, or by mail, any matter pertaining to any activity for
which a real estate license is required that does not contain a
designation disclosing that the licensee is performing acts for which
a real estate license is required.
   This bill would, on and after July 1, 2009, require a licensee to
disclose his or her license identification number on specified
solicitation materials, as defined, and on real property purchase
agreements when acting as an agent in those transactions. The bill
would authorize the Real Estate Commissioner to adopt regulations in
that regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10140.6 of the Business and Professions Code is
amended to read:
   10140.6.  (a) A real estate licensee shall not publish, circulate,
distribute, or cause to be published, circulated, or distributed in
any newspaper or periodical, or by mail, any matter pertaining to any
activity for which a real estate license is required that does not
contain a designation disclosing that he or she is performing acts
for which a real estate license is required.
   (b) (1) A real estate licensee shall disclose his or her license
identification number on all solicitation materials intended to be
the first point of contact with consumers and on real property
purchase agreements when acting as an agent in those transactions.
The commissioner may adopt regulations identifying the materials in
which a licensee must disclose a license identification number.
   (2) For purposes of this section, "solicitation materials intended
to be the first point of contact with consumers" includes business
cards, stationery, advertising fliers, and other materials designed
to solicit the creation of a professional relationship between the
licensee and a consumer, and excludes an advertisement in print or
electronic media and "for sale" signs.
   (3) Nothing in this section shall be construed to limit or change
the requirement described in Section 10236.4 as applicable to real
estate brokers.
   (c) The provisions of this section shall not apply to classified
rental advertisements reciting the telephone number at the premises
of the property offered for rent or the address of the property
offered for rent.
   (d) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2009.