BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2540
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2540 (Dababneh)
          As Amended  August 5, 2014
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 15, 2014)  |SENATE: |34-0 |(August 7,     |
          |           |     |                |        |     |2014)          |
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          Original Committee Reference:    B., P. & C.P.  

           SUMMARY  :  Requires real estate brokers and salespersons to  
          provide a valid telephone number and mailing and email addresses  
          to the Real Estate Commissioner (Commissioner) and to keep that  
          information updated, and requires the Bureau of Real Estate  
          (BRE), if it chooses to release such contact information, to  
          release it in a manner that discourages unauthorized use.   
          Specifically,  this bill  :  

          1)Requires an applicant for a real estate broker license  
            examination and for a real estate broker license to provide  
            valid contact information at which BRE may contact the  
            applicant.

          2)Authorizes the Commissioner to prescribe the format and  
            content of the application for the real estate salesperson  
            license, and requires the applicant to provide valid contact  
            information at which BRE may contact the applicant.

          3)Requires licensed real estate brokers and real estate  
            salespersons to provide the Commissioner with his or her  
            current office or mailing address, a current phone 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 BRE may contact the licensee, and to inform the  
            Commissioner of any change to the licensee's office, mailing  
            address, phone number, or email address no later than 30 days  
            after making the change.

          4)Declares that a violation of these requirements is not a  
            misdemeanor.  

          5)Declares that BRE is not required to post or publish the  
            collected email addresses or telephone numbers, and requires  








                                                                  AB 2540
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            that, if the bureau does release that information, it must be  
            released in a way that discourages its use in unauthorized or  
            unsolicited commercial electronic mail advertisement programs.  


          6)Makes other technical and clarifying amendments.

           The Senate amendments  :

          1)Declare that a violation of the requirements of this bill is  
            not a misdemeanor.  

          2)Declare that BRE is not required to post or publish the  
            collected email addresses or telephone numbers, and requires  
            that, if the bureau does release that information, it must be  
            released in a way that discourages its use in unauthorized or  
            unsolicited commercial electronic mail advertisement programs.  


           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.
           COMMENTS  :  

          1)Purpose of this bill.  This bill requires real estate brokers  
            and real estate salespersons to supply BRE with a valid email  
            address, mailing address, and telephone number, requires  
            license applicants to similarly provide valid contact  
            information, and requires licensees to inform the Commissioner  
            of any change in that contact information within 30 days of  
            the change.  The ultimate aim is to lower BRE's postal mail  
            transaction costs and increase communication efficiency  
            between licensees and BRE.  This bill is sponsored by the  
            California Association of Realtors.

          2)Author's statement.  According to the author, "This bill would  
            empower [BRE] to require licensees to supply a valid email  
            address as part of their license application or renewal  
            materials. Currently, [BRE] has less than 15,000 valid e-mail  
            addresses -- out of a licensee population of over 400,000.   
            Due to state budget constraints, the BRE no longer mails out  
            the Real Estate Bulletin to licensees.  Instead, the BRE posts  
            the Bulletin on their website and e-mails it to the few  
            available email addresses."










                                                                  AB 2540
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           Analysis Prepared by  :    Hank Dempsey / B., P. & C.P. / (916)  
          319-3301


                                                               FN: 0004503