BILL ANALYSIS Ó AB 345 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 345 (Frazier) - As Amended March 16, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires a real estate broker, as part of his or her 45 hours of continuing education (CE), to complete a 3-hour course in the management of real estate offices and supervision of licensed activities, and provides that elective CE courses AB 345 Page 2 may also include relevant information to assist salespersons and brokers in understanding how to be effectively supervised. FISCAL EFFECT: Costs to the California Bureau of Real Estate (CalBRE) will be minor and absorbable within existing resources. COMMENTS: 1)Purpose. According to the author, "Current real estate law requires a real estate broker to exercise reasonable supervision over the activities of his or her salespersons. Reasonable supervision includes the establishment of policies, rules, procedures and systems to review, oversee, inspect and manage real estate transactions. Brokers are further required to establish a system for monitoring compliance. Supervision is a critical part of a real estate broker's responsibility. [This bill] allocates three hours of a licensed broker's existing 45 hours of [CE] to be reserved for a course to provide guidance of how to manage real estate offices, salespersons, and broker associates, while also permitting salespersons to elect to take a course containing relevant information to assist them in understanding how to be effectively supervised by a responsible broker or branch manager." 2)Licensing and CEs. To obtain a real estate salesperson license, an individual must pass a real estate examination and fulfill certain real estate education requirements. To obtain a real estate broker license, an individual, in most cases, must have held a real estate salesperson's license for at least two years during which time he or she must have been actively engaged in real estate, meet certain real estate AB 345 Page 3 education requirements in addition to passing an examination. Broker and salesperson licenses are issued for a four-year period. In general, both types of licenses may be renewed by submitting the appropriate fee and application, and evidence of completion of 45 hours of CalBRE-approved CE courses. These courses include 15 hours of required courses in ethics, agency relationships, trust fund handling, fair housing, and risk management, and at least 18 hours in courses dedicated to consumer protection. The remaining courses, up to 12 hours of electives, may be related either to consumer protection or consumer services. 3)Failure to Supervise. According to the CalBRE's website, one of the six most common types of violations of the Real Estate Law resulting in disciplinary action include failure to supervise, in violation of BPC Section 10177(h), which requires a real estate broker to exercise reasonable supervision over the activities of salespersons, or as the designated officer of a corporation, to exercise the activities conducted by the corporation for which a real estate license is required. CalBRE's website also indicates that lack of supervision on the part of a broker is a recurring problem. This bill seeks to address this problem by requiring, as a part of existing CE requirements for brokers, a three hour course on management and supervision, and by allowing salespersons to take a course on how to be effectively supervised by including that issue under elective CE requirements. 4)Prior Legislation. AB 345 Page 4 a) SB 510 (Correa), Chapter 709, Statutes of 2012, established various minimum requirements for an individual to become a branch manager and authorized the Commissioner to discipline a branch manager for failure to supervise branch operations. b) AB 2105 (DeSaulnier) of 2008, among other things, would have required the consumer protection CE courses to include instruction in financial elder and dependent adult abuse signs and reporting requirements. This bill was vetoed by Governor Schwarzenegger for reasons primarily related to other portions of the bill. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081