AB 2540, as amended, Dababneh. Real estate licenses.
(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 format and content of the application for the real estate salesperson license, and would require that each of those applications for an examination or license, or both, require the applicant to provide valid contact information 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.begin delete 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.end delete
This bill would require every real estate broker and salesperson licensee to provide the commissioner with his or her current office or mailing address, current telephone number, and currentbegin delete emailend deletebegin insert
electronic mailend insert 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.begin delete Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.end deletebegin insert The bill would also exempt a violation of this requirement from criminal penalties.end insert
(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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end delete(3) The California Public Records Act requires state and local agencies to make their records available for public inspection unless a record is exempt from disclosure. The act exempts from disclosure, among others, any record that is a personnel, medical, or similar file the disclosure of which would constitute an unwarranted invasion of personal privacy.
end insertbegin insertThis bill would prohibit the Public Record’s Act from being construed to require the posting, publishing, or disclosure of electronic mail addresses or telephone numbers collected by the bureau, as provided.
end insertbegin insert(4) Existing constitutional provisions require that a statute that limits the right of access to the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 10150 of the Business and Professions
2Code is amended to read:
(a) Application for the real estate broker license
4examination shall be made in writing to the commissioner. The
5commissioner may prescribe the format and content of the broker
6examination application. The application for the broker
7examination shall include valid contact information at which the
8bureau may contact the applicant and shall be accompanied by the
9real estate broker license examination fee.
10(b) Persons who have been notified by the commissioner that
11they passed the real estate broker license examination may apply
12for a real estate broker license. A person applying for the broker
13examination may also apply for a real estate broker license.
14However, a license shall not
be issued until the applicant passes
15the real estate broker license examination. If there is any change
16to the information contained in a real estate broker license
17application after the application has been submitted and before the
18license has been issued, the commissioner may require the applicant
19to submit a supplement to the application listing the changed
20information.
21(c) Application for the real estate broker license shall be made
22in writing to the commissioner. The commissioner may prescribe
23the format and content of the broker license application. The
24application for the real estate broker license shall include valid
25contact information at which the bureau may contact the applicant
26and shall be accompanied by the appropriate fee.
27(d) Application for an endorsement to act
as a mortgage loan
28originator, as defined in Section 10166.01, shall be made either
29electronically or in writing as directed by the commissioner. The
30
commissioner may prescribe the format and content of the
31mortgage loan originator endorsement application, which shall
32meet the minimum requirements for licensing of a mortgage loan
33originator, pursuant to the Secure and Fair Enforcement for
34Mortgage Licensing Act of 2008 (Public Law 110-289).
Section 10151 of the Business and Professions Code
36 is amended to read:
(a) Application for the real estate salesperson license
38examination shall be made in writing to the commissioner. The
P4 1commissioner may prescribe the format and content of the
2salesperson examination application. The application for the
3salesperson examination shall include valid contact information
4at which the bureau may contact the applicant and shall be
5accompanied by the real estate salesperson license examination
6fee.
7(b) Persons who have been notified by the commissioner that
8they passed the real estate salesperson license examination may
9apply for a real estate salesperson license. A person applying for
10the salesperson examination may also apply for a real estate
11salesperson
license. However, a license shall not be issued until
12the applicant passes the real estate salesperson license examination.
13If there is any change to the information contained in a real estate
14salesperson license application after the application has been
15submitted and before the license has been issued, the commissioner
16may require the applicant to submit a supplement to the application
17listing the changed information.
18(c) (1) The commissioner may prescribe the format and content
19of the real estate salesperson license application. The application
20for the real estate salesperson license shall include valid contact
21information at which the bureau may contact the applicant.
22(2) An application for the real estate salesperson license
23examination or for
both the examination and license that is received
24by the commissioner on or after October 1, 2007, shall include
25evidence or certification, satisfactory to the commissioner, of
26successful completion at an accredited institution of a
27three-semester unit course, or the quarter equivalent thereof, or
28successful completion of an equivalent course of study as defined
29in Section 10153.5 in real estate principles as well as the successful
30completion at an accredited institution of a course in real estate
31practice and one additional course set forth in Section 10153.2,
32other than real estate principles, real estate practice, advanced legal
33aspects of real estate, advanced real estate finance, or advanced
34real estate appraisal. The applicant shall provide this evidence or
35certification to the commissioner prior to taking the real estate
36salesperson license examination.
37(d) The commissioner shall waive the requirements of this
38section for the following applicants:
39(1) An applicant who is a member of the State Bar of California.
P5 1(2) An applicant who has qualified to take the examination for
2an original real estate broker license by satisfying the requirements
3of Section 10153.2.
4(e) Application for endorsement to act as a mortgage loan
5originator, as defined in Section 10166.01, shall be made either
6electronically or in writing as directed by the commissioner. The
7commissioner may prescribe the format and the content of the
8mortgage loan originator endorsement application, which shall
9meet the minimum requirements for licensing of a mortgage loan
10originator, pursuant to the
Secure and Fair Enforcement for
11Mortgage Licensing Act of 2008 (Public Law 110-289).
Section 10162 of the Business and Professions Code
13 is amended to read:
(a) Every licensed real estate broker shall have and
15maintain a definite place of business in the State of California that
16serves as his or her office for the transaction of business. This
17office shall be the place where his or her license is displayed and
18where personal consultations with clients are held.
19(b) A real estate license does not authorize the licensee to do
20business except from the location stipulated in the real estate
21license as issued or as altered pursuant to Section 10161.8.
22(c) (1) Every real estate broker and salesperson licensee shall
23provide to the
commissioner his or her current office or mailing
24address, a current telephone number, and a currentbegin delete emailend deletebegin insert electronic
25mailend insert address that he or she maintains or uses to perform any activity
26that requires a real estate license, at which the bureau may contact
27the licensee.
28(2) Every real estate broker and salesperson licensee shall inform
29the commissioner of any change to his or her office or mailing
30address, telephone number, orbegin delete emailend deletebegin insert electronic mailend insert address no
31later than 30 days after making the change.
32(d) Notwithstanding Section 10185, a violation of this section
33is not a misdemeanor and shall be enforced pursuant to Section
3410165.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P6 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
begin insertSection 6271 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
5read:end insert
This chapter does not require the posting, publishing,
7or disclosure of electronic mail addresses or telephone numbers
8collected pursuant to Section 10150, 10151, or 10162 of the
9Business and Professions Code.
The Legislature finds and declares that Section 4 of
11this act imposes a limitation on the public’s right of access to the
12writings of public officials and agencies within the meaning of
13Section 3 of Article I of the California Constitution. Pursuant to
14that constitutional provision, the Legislature makes the following
15findings to demonstrate the interest protected by this limitation
16and the need for protecting that interest:
17In order to protect the inalienable right to privacy pursuant to
18Section 1 of Article I of the California Constitution, it is necessary
19to enact
legislation that exempts electronic mail addresses and
20telephone numbers collected by the California Bureau of Real
21Estate from disclosure as a public record.
O
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