BILL ANALYSIS Ó AB 607 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 607 (Dodd) - As Amended April 23, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill codifies Bureau of Real Estate (BRE) regulations allowing brokers to employ certain persons to manage real estate broker trust fund accounts, and codifies and expands the conditions regarding non-real estate licensees. AB 607 Page 2 Specifically, this bill: 1)Authorizes withdrawals from a trust fund account of an individual broker or corporate broker only upon signature of that broker or officer, or one or more of the following persons if specifically authorized in writing by the individual broker or officer: a) A real estate salesperson licensed under the broker. b) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations. c) An unlicensed employee of the individual broker if the broker has fidelity bond coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access to at any time. 2)Allows for bonds providing coverage for purposes of (c) above, to be written with a deductible of up to five percent of the coverage amount, and requires evidence of financial responsibility, as defined, by the employing broker that is sufficient to protect members of the public against a loss. FISCAL EFFECT: Costs to CalBRE will be minor and absorbable within existing resources. COMMENTS: AB 607 Page 3 1)Purpose. According to the author, "[This bill] would allow real estate broker trust accounts to operate more efficiently and better protect the public. Currently, real estate brokers can use unlicensed employees - like CPAs or professional bookkeepers - to manage their broker trust accounts. However, regulations make it very difficult to do so because the brokers must secure a zero deductible bond to cover the amount in the trust, and such zero deductible bonds are not generally available. Since CPAs and other professionals are ideally suited to manage these accounts, the public interest is hindered by this requirement. This bill would fix the problem by allowing brokers to obtain fidelity bonds with deductibles of up to five percent. The bill ensures the public is well protected by giving the BRE the power to require evidence of financial responsibility from the broker to protect against a loss subject to the deductible." 2)Background. Real estate brokers and salespersons receive trust funds in the normal course of doing business, on behalf of others, thereby creating a fiduciary responsibility to the funds' owners. Trust accounts are set up as a means to separate trust funds from non-trust funds, and to separate a client's funds from the broker's own funds. Existing law requires all funds deposited by a broker in a trust fund account to be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. Regulations require that withdrawals may be made from a trust account of an individual broker only upon the signature of the broker or by one of the following persons if specifically authorized in writing by the broker: 1) a salesperson licensed to the broker; 2) a person licensed as a broker who entered into a written broker-salesperson agreement with the broker; or 3) an unlicensed employee of the broker with fidelity bond coverage at least equal to the AB 607 Page 4 maximum amount of the trust funds to which the employee has access at any time. According to the author, real estate brokers often prefer to retain a CPA or skilled bookkeeper rather than a salesperson for the administration of larger real estate broker trust accounts. However, because CPAs and bookkeepers are not licensed, they must have fidelity bond coverage in the total amount they have access to. Existing law does not specify whether these bonds can or cannot have a deductible. However, the BRE has required that these bonds may not have a deductible based on their reading of the law. According to the author, real estate brokers have reported that insurers (bond companies) are unwilling or unable to sell the required fidelity bond coverage in amounts greater than $100,000 without a deductible. This bill seeks to remedy this by allowing fidelity bond coverage for this purpose to have a deductible of up to five percent. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 AB 607 Page 5