SB 676, as introduced, Block. Real estate records: unlawful destruction.
Existing law requires a licensed real estate broker to retain for 3 years copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by him or her or obtained by him or her in connection with any transactions for which a real estate broker license is required. Existing law provides that after notice, the books, accounts, and records shall be made available for examination, inspection, and copying by the commissioner or his or her designated representative during regular business hours, and shall, upon the appearance of sufficient cause, be subject to audit without further notice, except that the audit shall not be harassing in nature.
This bill would provide that any real estate broker, real estate, salesperson, or any director, officer, employee, agent, or shareholder of any corporation licensed as a real estate broker, who knowingly destroys, alters, conceals, mutilates, or falsifies any of the books, papers, writings, documents, or tangible objects that are required to be maintained or that have been sought in connection with an investigation, audit, or examination of a real estate licensee by the commissioner is guilty of a misdemeanor.
By creating a new crime, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 10148 of the Business and Professions
2Code is amended to read:
(a) A licensed real estate broker shall retain for three
4years copies of all listings, deposit receipts, canceled checks, trust
5records, and other documents executed by him or her or obtained
6by him or her in connection with any transactions for which a real
7estate broker license is required. The retention period shall run
8from the date of the closing of the transaction or from the date of
9the listing if the transaction is not consummated. After notice, the
10books, accounts, and records shall be made available for
11examination, inspection, and copying by the commissioner or his
12or her designated representative during regular business hours;
13and shall, upon the appearance of sufficient cause, be subject to
14audit without further notice, except that the audit shall not be
15harassing in
nature.
16(b) The commissioner shall charge a real estate broker for the
17cost of any audit, if the commissioner has found, in a final desist
18and refrain order issued under Section 10086 or in a final decision
19following a disciplinary hearing held in accordance with Chapter
205 (commencing with Section 11500) of Part 1 of Division 3 of
21Title 2 of the Government Code that the broker has violated Section
2210145 or a regulation or rule of the commissioner interpreting
23Section 10145.
24(c) If a broker fails to pay for the cost of an audit as described
25in subdivision (b) within 60 days of mailing a notice of billing,
26the commissioner may suspend or revoke the broker’s license or
27deny renewal of the broker’s license. The suspension or denial
28shall remain in effect until the cost is paid or until the broker’s
29right to renew a license has expired.
30The
end delete
P3 1begin insert(d)end insertbegin insert end insertbegin insertThe end insertcommissioner may maintain an action for the recovery
2of the costbegin insert of an auditend insert in any court of competent jurisdiction. In
3determining the cost incurred by the commissioner for an audit,
4the commissioner may use the estimated average hourly cost for
5all persons performing audits of real estate brokers.
6(e) Any real estate broker, real estate, salesperson, or any
7director, officer, employee, agent, or shareholder of any
8corporation licensed as a real estate broker, who knowingly
9destroys, alters, conceals, mutilates, or falsifies any of the books,
10papers, writings, documents, or
tangible objects that are required
11to be maintained by this section or that have been sought in
12connection with an investigation, audit, or examination of a real
13estate licensee by the commissioner is guilty of a misdemeanor.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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