BILL NUMBER: AB 2540 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
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
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 21, 2014
An act to amend Sections 10150, 10151, and 10162 of, and to add
Section 10165.1 to, the Business and Professions Code, relating to
real estate.
LEGISLATIVE COUNSEL'S DIGEST
AB 2540, 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.
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.
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 misdemeanor.
SEC. 4. Section 10165.1 is added to the Business and Professions
Code, to read:
10165.1. 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.