BILL NUMBER: AB 2540 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2014
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 21, 2014
An act to amend Sections 10150 and ,
10151 , and 10162 of the Business and Professions Code,
relating to real estate license applications .
LEGISLATIVE COUNSEL'S DIGEST
AB 2540, as amended, Dababneh. Real estate license
applications: email address licenses .
Under
(1) Under the Real Estate Law,
the California Bureau of Real Estate, which is headed by the Real
Estate Commissioner, issues licenses to and regulates real estate
brokers and real estate salespersons. Existing law authorizes the
commissioner to prescribe the format and content of the written
applications for the real estate broker examination, broker license,
and salesperson examination.
This bill would authorize the commissioner to additionally
prescribe the form and content of the application for both the real
estate salesperson examination and license, and would require that
each of those 4 applications for an
examination or license, or both, require the applicant to
provide a valid email address at which the bureau may contact the
applicant.
(2) Existing law requires every licensed real estate broker to
have and maintain a definite place of business in the state that
serves as his or her office for the transaction of business, displays
his or her license, and where he or she holds personal consultations
with a client. Any person, including officers, directors, agents, or
employees of corporations, who willfully violate or knowingly
participate in the violation of these provisions is guilty of a
misdemeanor punishable by a fine not exceeding $10,000, or by
imprisonment in the county jail not exceeding 6 months, or by both
that fine and imprisonment.
This bill would require every licensee to provide the commissioner
with his or her current office or mailing address, current telephone
number, and current email address that he or she uses to perform any
activity that requires a real estate license, and at which the
bureau may contact the licensee, and to update that information no
later than 30 days after making a change. Because a violation of
these requirements would be a crime, the bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10150 of the Business and Professions Code is
amended to read:
10150. (a) Application for the real estate broker license
examination shall be made in writing to the commissioner. The
commissioner may prescribe the format and content of the broker
examination application. The application for the broker examination
shall require an applicant to provide a valid e mail
address at which the bureau may contact the applicant and shall
be accompanied by the real estate broker license examination fee.
(b) Persons who have been notified by the commissioner that they
passed the real estate broker license examination may apply for a
real estate broker license. A person applying for the broker
examination may also apply for a real estate broker license. However,
a license shall not be issued until the applicant passes the real
estate broker license examination. If there is any change to the
information contained in a real estate broker 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) Application for the real estate broker license shall be made
in writing to the commissioner. The commissioner may prescribe the
format and content of the broker license application. The application
for the real estate broker license shall require an applicant to
provide a valid email address at which the bureau may contact the
applicant and shall be accompanied by the appropriate fee.
(d) Application for an endorsement to act as a mortgage loan
originator, as defined in Section 10166.01, shall be made either
electronically or in writing as directed by the commissioner. The
commissioner may prescribe the format and content of the mortgage
loan originator endorsement application, which shall meet the minimum
requirements for licensing of a mortgage loan originator, pursuant
to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008
(Public Law 110-289).
SEC. 2. 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 require an applicant to provide a valid email
address at which the bureau may contact the applicant and 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) (1) The commissioner may prescribe the format and content of
the application for both the examination and license. The application
shall require the applicant to provide a valid email address at
which the bureau may contact the applicant.
(2) 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.
(e) Application for endorsement to act as a mortgage loan
originator, as defined in Section 10166.01, shall be made either
electronically or in writing as directed by the commissioner. The
commissioner may prescribe the format and the content of the mortgage
loan originator endorsement application, which shall meet the
minimum requirements for licensing of a mortgage loan originator,
pursuant to the Secure and Fair Enforcement for Mortgage Licensing
Act of 2008 (Public Law 110-289).
SEC. 3. Section 10162 of the Business
and Professions Code is amended to read:
10162. (a) Every licensed real estate
broker shall have and maintain a definite place of business in the
State of California which shall serve that
serves as his or her office for the transaction of
business. This office shall be the place where his or her
license is displayed and where personal consultations with clients
are held.
No
(b) A real estate license
authorizes does not authorize the
licensee to do business except from the location stipulated in the
real estate license as issued or as altered pursuant to Section
10161.8.
(c) (1) Every licensee shall provide to the commissioner his or
her current office or mailing address, a current telephone number,
and a current email address that he or she maintains or uses to
perform any activity that requires a real estate license, at which
the bureau may contact the licensee.
(2) Every licensee shall inform the commissioner of any change to
his or her office or mailing address, telephone number, or email
address no later than 30 days after making the change.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.