BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 676|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 676
Author: Block (D)
Amended: 8/30/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/8/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/29/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/28/13 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 76-0, 9/3/13 - See last page for vote
SUBJECT : Real estate records: unlawful destruction
SOURCE : Author
CONTINUED
SB 676
Page
2
DIGEST : This bill authorizes the Bureau of Real Estate (BRE)
to suspend or revoke the license of any real estate broker, real
estate salesperson, or corporation licensed as a real estate
broker, if the real estate broker, real estate salesperson, or
any director, officer, employee, or agent of the corporation
licensed as a real estate broker knowingly destroys, alters,
conceals, mutilates, or falsifies any of the books, papers,
writings, documents, or tangible objects that are required to be
maintained and provided pursuant to notice, or that have been
sought in connection with an investigation, audit, or
examination, as specified.
Assembly Amendments correct a reference to the BRE.
ANALYSIS :
Existing law:
1. Requires a real estate broker to retain for three years
copies of all listings, deposit receipts, canceled checks,
trust records, and other documents executed or obtained by
the broker in connection with any transactions for which a
real estate broker license is required. Requires a broker,
after receiving notice, to make available for examination,
inspection, and copying by the Real Estate Commissioner or
the Commissioner's designee, during regular business hours,
all requested records the broker is legally required to
retain. States that after an initial inspection of retained
records, and upon the appearance of sufficient cause, a
broker is subject to audit without further notice, so long as
the audit is not harassing. (Business and Professions Code
(BPC) Section 10148)
2. States that any person who willfully violates or knowingly
participates in the violation of a provision of the Real
Estate Division of the BPC is guilty of a misdemeanor. (BPC
Section 10185)
3. Gives the Commissioner authority to investigate licensees,
bring administrative actions against licensees, and in some
circumstances suspend or revoke a real estate licensee.
This bill states that BRE may suspend or revoke the license of
any real estate broker, real estate salesperson, or corporation
CONTINUED
SB 676
Page
3
licensed as a real estate broker, if the real estate broker,
real estate salesperson, or any director, officer, employee, or
agent of the corporation licensed as a real estate broker
knowingly destroys, alters, conceals, mutilates, or falsifies
any of the books, papers, writings, documents, or tangible
objects that are required to be maintained and provided pursuant
to notice, or that have been sought in connection with an
investigation, audit, or examination, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/3/13)
California Association of Realtors
Los Angeles County District Attorney's Office
ARGUMENTS IN SUPPORT : The California Association of Realtors
states that it hopes that clarifying the linkage between the
professional obligations related to recordkeeping and the
potential prosecution for violating those requirements will
raise the quality of practice, to the benefit of consumers and
other licensees.
The Los Angeles County District Attorney's Office writes, "SB
676 will be of great assistance to our efforts to investigate
and prosecute real estate fraud."
ASSEMBLY FLOOR : 76-0, 09/03/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Garcia, Hall, Vacancy, Vacancy
MW:k 9/3/13 Senate Floor Analyses
CONTINUED
SB 676
Page
4
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED