BILL NUMBER: SB 1448	CHAPTERED  07/21/08

	CHAPTER  156
	FILED WITH SECRETARY OF STATE  JULY 21, 2008
	APPROVED BY GOVERNOR  JULY 21, 2008
	PASSED THE SENATE  MAY 22, 2008
	PASSED THE ASSEMBLY  JUNE 30, 2008
	AMENDED IN SENATE  APRIL 23, 2008

INTRODUCED BY   Senator Scott

                        FEBRUARY 21, 2008

   An act to amend Section 10139 of the Business and Professions
Code, relating to real estate.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1448, Scott. Real estate brokers and salespersons: fines.
   Existing law, the Real Estate Law, provides for the licensure and
regulation of real estate salespersons and real estate brokers by the
Real Estate Commissioner. Existing law specifies the punishment for
conviction of the offense of acting as a real estate broker or
salesperson or advertising as a real estate broker without being
licensed.
   This bill would increase the maximum fine for that offense from
$10,000 to $20,000 if the violation is committed by a person and from
$50,000 to $60,000 if the violation is committed by a corporation.
The bill would require, if a Real Estate Fraud Prosecution Trust Fund
exists in the county where the person or corporation is convicted,
any fine collected from the person or corporation in excess of the
existing maximum amount be deposited in that fund.


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

  SECTION 1.  Section 10139 of the Business and Professions Code is
amended to read:
   10139.  Any person acting as a real estate broker or real estate
salesperson without a license or who advertises using words
indicating that he or she is a real estate broker without being so
licensed shall be guilty of a public offense punishable by a fine not
exceeding twenty thousand dollars ($20,000), or by imprisonment in
the county jail for a term not to exceed six months, or by both fine
and imprisonment; or if a corporation, be punished by a fine not
exceeding sixty thousand dollars ($60,000). If a Real Estate Fraud
Prosecution Trust Fund, as described in Section 27388 of the
Government Code, exists in the county where a person or corporation
is convicted, any fine collected from the person in excess of ten
thousand dollars ($10,000) or any fine collected from the corporation
in excess of fifty thousand dollars ($50,000) shall be deposited in
that Real Estate Fraud Prosecution Trust Fund.