BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 607|
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                                   THIRD READING 


          Bill No:  AB 607
          Author:   Dodd (D)
          Amended:  6/23/15 in Senate
          Vote:     21  

           SENATE BANKING & F.I. COMMITTEE:  7-0, 6/17/15
           AYES:  Block, Vidak, Galgiani, Hall, Hueso, Lara, Morrell

          SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 5/7/15 (Consent) - See last page for  
            vote

           SUBJECT:   Real estate trust fund accounts: bond requirement


          SOURCE:    California Association of Realtors
          
          DIGEST:  This bill prescribes the circumstances under which  
          withdrawals may be made from a real estate broker's trust fund  
          account.  

          ANALYSIS:
               
          Existing law:

          1)Requires a real estate broker who accepts funds belonging to  
            others in connection with a transaction regulated under the  
            Real Estate Law to deposit all of those funds that are not  
            immediately placed into a neutral escrow depository or into  
            the hands of the broker's principal (i.e., client), into a  
            trust fund account maintained by the broker in a bank or  
            recognized depository in this state (Business and Professions  








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            Code Section 10145).  

          2)Requires all funds deposited by the 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 (Business and Professions Code Section 10145).

          3)Provides that withdrawals from a real estate broker's trust  
            fund account may be made only upon the signature of that  
            broker (or, in the case of a corporate broker, only upon the  
            signature of an officer through whom the corporation is  
            licensed), or one or more of the following persons, if  
            specifically authorized in writing by the individual broker or  
            officer (Bureau of Real Estate [BRE] Regulation 2834):

             a)   A real estate salesperson licensed to the broker.

             b)   Another broker acting pursuant to a written agreement  
               with the broker that controls the trust fund account.

             c)   An unlicensed employee of the broker, if the broker has  
               fidelity bond coverage equal to or greater than the maximum  
               amount of the trust funds to which the unlicensed employee  
               has access at any time.  

          4)Provides that an arrangement under which a person other than  
            the broker or corporate officer is authorized to make  
            withdrawals from a trust fund account does not relieve an  
            individual broker, nor the broker-officer of a corporate  
            broker licensee, from responsibility or liability as provided  
            by law in handling trust funds in the broker's custody (BRE  
            Regulation 2834).

          This bill: 

          1)Codifies BRE Regulation 2834, but clarifies that fidelity  
            bonds providing coverage for unlicensed employees with access  
            to trust fund accounts may be written with deductibles of up  
            to 5% of their coverage amounts.  Provides that when a bond is  
            written with a deductible, the employing broker must have  
            evidence of financial responsibility sufficient to cover the  
            amount of the deductible.  Evidence of financial  
            responsibility must include one or more of the following:








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             a)   Separate fidelity bond coverage adequate to cover the  
               amount of the fidelity bond deductible.

             b)   A cash deposit held in a separate account, apart from  
               other funds of the broker, the broker's employees, or the  
               broker's principals, in a bank or recognized depository in  
               the state, adequate to cover the amount of the fidelity  
               bond deductible, and held exclusively and solely for the  
               purpose of covering the deductible.

             c)   Any other evidence of financial responsibility approved  
               by the Real Estate Commissioner.

          Background
          
          AB 607 is sponsored by the California Association of Realtors  
          (CAR) to give real estate brokers greater flexibility in meeting  
          their fidelity bonding requirements, when they authorize  
          unlicensed employees to make withdrawals from their real estate  
          trust fund accounts.  BRE Regulation 2834 allows real estate  
          brokers to authorize their unlicensed employees to withdraw  
          funds from the brokers' trust fund accounts, as long as the  
          brokers hold fidelity bond coverage equal to or greater than the  
          maximum amount of trust funds to which the unlicensed employees  
          have access at any one time.  However, Regulation 2834 is silent  
          on the extent to which the fidelity bonds it requires may have  
          deductibles.

          Given the cost of housing, brokers wishing to grant unlicensed  
          employees permission to withdraw funds from their trust fund  
          accounts are commonly required to obtain fidelity bonds greater  
          than $100,000.  According to CAR, many brokers are unable to  
          obtain fidelity bond coverage in amounts greater than $100,000  
          without a deductible.  Deductibles on fidelity bonds greater  
          than $100,000 range from 1% to 5% of the bond amount.

          Because Regulation 2834 does not expressly authorize the  
          fidelity bonds it requires to contain deductibles, BRE has  
          interpreted that regulation as failing to allow deductibles in  
          this context.  CAR is sponsoring AB 607 to codify Regulation  
          2834, and to expressly authorize deductibles of up to 5%,  
          provided that brokers maintain evidence of financial  
          responsibility sufficient to cover the amounts of their  
          deductibles.







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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified7/7/15)


          California Association of Realtors (source)
          California Society of Certified Public Accountants
          North Bay Association of Realtors 


          OPPOSITION:   (Verified7/7/15)


          None received

          ARGUMENTS IN SUPPORT:  CAR states "AB 607 (Dodd) creates the  
          clarity needed to allow regulations to conform to the types of  
          bonds available on the market.  With the necessary fidelity  
          bonds in place, realtors will be able to continue to employ  
          skilled bookkeepers and CPAs to administer their trust  
          accounts."  

          The North Bay Association of Realtors states, "Current policy  
          was established when homes in California rarely sold for more  
          than $100,000 and consumer trust funds were almost always 100%  
          protected."  Nowadays, insurers do not sell coverage for more  
          than $100,000 without a deductible.  "Given that the price of  
          real state in California is typically well over $100,000, it is  
          essential that this policy is changed to ensure that insurance  
          products are available to protect the funds entrusted by  
          consumers to real estate brokerages."

          ASSEMBLY FLOOR:  77-0, 5/7/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  







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                                                                    Page  5


            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Campos, Roger Hernández, Steinorth

          Prepared by:Eileen Newhall / B. & F.I. / (916) 651-4102
          7/8/15 11:27:59


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