BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 607


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          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          607 (Dodd) - As Amended April 23, 2015


          


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          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.  








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          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


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          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  








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            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


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