BILL ANALYSIS Ó AB 2540 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2540 (Dababneh) As Amended August 5, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |34-0 |(August 7, | | | | | | |2014) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 Analysis Prepared by : Hank Dempsey / B., P. & C.P. / (916) 319-3301 FN: 0004503