BILL NUMBER: AB 2018	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 20, 2014

   An act to amend Section 10159.5 of the Business and Professions
Code, relating to real estate licensees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2018, as amended, Bocanegra. Real estate licensees: fictitious
business names.
   Existing law provides for the licensure and regulation of real
estate brokers and real estate salespersons by the California Bureau
of Real Estate headed by the Real Estate Commissioner. Existing law
requires an applicant who desires to have his or her license issued
under a fictitious business name to file with his or her application
a certified copy of his or her fictitious business name statement.
   This bill would authorize the bureau to establish, by regulation,
criteria for a business name that shall be approved, including
examples in which the adequate identification of the licensee in a
business name by licensee surname, identification of employing
broker, if any, and display of license numbers is sufficient to avoid
characterization as a fictitious name. 
   This bill would provide, for purposes of the provisions described
above, that a business name is not a fictitious business name if the
name is used by two or more real estate licensees, the name includes
one or more first and last names or surnames in conjunction with the
term "associates," "group," or "team," and the licensees include
certain identifying information on marketing and advertising
materials, "for sale" signage, and solicitation materials intended to
be the first point of contact with consumers. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 10159.5 of the Business and Professions Code is
amended to read:
   10159.5.  (a) Every person applying for a license under this
chapter who desires to have the license issued under a fictitious
business name shall file with his or her application a certified copy
of his or her fictitious business name statement filed with the
county clerk pursuant to Chapter 5 (commencing with Section 17900) of
Part 3 of Division 7.
   (b) The bureau may, by regulation, establish criteria for a
business name that shall be approved pursuant to this section,
including examples in which the adequate identification of the
licensee in a business name by licensee surname, identification of
employing broker, if any, and display of license numbers is
sufficient to avoid characterization as a fictitious name. 
   (c) For purposes of this section, a business name is not a
fictitious business name if all of the following conditions are
satisfied:  
   (1) The name is used by two or more real estate licensees. 

   (2)  The name includes one or more first and last names or
surnames in conjunction with the term "associates," "group," or
"team."  
   (3) The licensees include all of the following information on all
marketing and advertising materials in print or electronic media,
"for sale" signage, and solicitation materials intended to be the
first point of contact with consumers, as defined in paragraph (2) of
subdivision (b) of Section 10140.6:  
   (A) Name or surname.  
   (B) License number.  
   (C) Name of the employing broker, which shall be equally prominent
as the first and last names or surnames used in conjunction with the
term "associates," "group," or "team."  
   (d) Nothing in this section shall be construed to limit or change
a real estate broker's duties to supervise a salesperson under this
division.  
   (e) A business name using the term "associates," "group," or
"team," means an association of two or more real estate licensees.