Amended in Senate August 5, 2014

Amended in Senate June 18, 2014

Amended in Assembly May 8, 2014

Amended in Assembly April 23, 2014

Amended in Assembly April 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2540

Introduced by Assembly Member Dababneh

February 21, 2014

An act to amend Sections 10150, 10151, and 10162 of begin insert , and to add Section 10165.1 to, end insert the Business and Professions begin delete Code, and to add Section 6271 to the Government end delete Code, relating to real estate.

LEGISLATIVE COUNSEL’S DIGEST

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.

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 current electronic mail 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. The bill would also exempt a violation of this requirement from criminal penalties.

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(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 delete begin delete

This 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 delete begin delete

(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 delete begin delete

This bill would make legislative findings to that effect.

end delete begin insert

This bill would provide that the bureau is not required to post or publish electronic mail addresses or telephone numbers collected pursuant to the above provisions, and if this information is released by the bureau, would require that the information be released in a way that discourages its use in unauthorized or unsolicited commercial electronic mail advertisement programs.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 include valid contact information 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 include valid
contact information 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 include valid contact information
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 real estate salesperson license application. The application
for the real estate salesperson license shall include valid contact
information 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 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.

(b) A real estate license 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 real estate broker and salesperson licensee shall
provide to the commissioner his or her current office or mailing
address, a current telephone number, and a current electronic mail
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 real estate broker and salesperson licensee shall inform
the commissioner of any change to his or her office or mailing
address, telephone number, or electronic mail address no later than
30 days after making the change.

(d) Notwithstanding Section 10185, a violation of this section
is not a begin delete misdemeanor and shall be enforced pursuant to Section
10165. end delete begin insert misdemeanor. end insert

begin delete

SEC. 4.  

Section 6271 is added to the Government Code, to
read:

6271.  

This chapter does not require the posting, publishing, or
disclosure of electronic mail addresses or telephone numbers
collected pursuant to Section 10150, 10151, or 10162 of the
Business and Professions Code.

SEC. 5.  

The Legislature finds and declares that Section 4 of
this act imposes a limitation on the public’s right of access to the
writings of public officials and agencies within the meaning of
Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation
and the need for protecting that interest:

In order to protect the inalienable right to privacy pursuant to
Section 1 of Article I of the California Constitution, it is necessary
to enact legislation that exempts electronic mail addresses and
telephone numbers collected by the California Bureau of Real
Estate from disclosure as a public record.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 10165.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 10165.1. end insert   

This article does not require the bureau to post or
publish electronic mail addresses or telephone numbers collected
pursuant to Section 10150, 10151, or 10162, and if released by
the bureau, the information shall be released in a way that
discourages its use in unauthorized or unsolicited commercial
electronic mail advertisement programs.

end insert