BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                       CONSENT


          Bill No:  AB 685
          Author:   Irwin (D)
          Amended:  6/14/16 in Senate
          Vote:     21  

           SENATE BUS., PROF. & ECON. DEV. COMMITTEE:  9-0, 6/27/16
           AYES:  Hill, Bates, Block, Gaines, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Real Estate Law


          SOURCE:    California Association of Realtors

          DIGEST:   This bill makes various technical changes to the Real  
          Estate Law, as specified.
          
          ANALYSIS:    Existing law establishes the Real Estate Law,  
          administered by the Bureau of Real Estate (CalBRE or Bureau),  
          within the Department of Consumer Affairs, which licenses and  
          regulates real estate salespersons, brokers, and mortgage loan  
          originators.  (Business and Professions Code (BPC) § 10000 et  
          seq.)
          
          This bill:

          1)Eliminates references to "salesman or salesmen" and replaces  
            those with "salesperson or salespersons".

          2)Updates the Real Estate Law's terminology to state "his or  








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            her" and "he and she" rather than just "he".

          3)Refers to a broker as "the broker" and not "he".

          4)Authorizes a licensee to refer to his or her license status as  
            a real estate salesman, real estate saleswoman, or real estate  
            salesperson.

          5)Deletes the obsolete reference to the "Office of Thrift  
            Supervision" and inserts "Office of the Comptroller of the  
            Currency".

          6)Makes other technical and clarifying changes.

          Background

          Real estate licensing in California commenced in 1917.  CalBRE  
          is the state entity currently charged with responsibility to  
          enforce the Real Estate Law, the Subdivided Lands Act, and the  
          Vacation Ownership and Timeshare Act of 2004.  CalBRE's programs  
          are in place to satisfy the Bureau's statutorily mandated  
          obligations of licensing and regulating salespersons, brokers,  
          mortgage loan originators, real estate and prepaid listing  
          service licensees, reviewing and approving subdivision and time  
          share offerings, and approving continuing education and  
          pre-license courses.  Within the framework of requirements of  
          Division 4 of the BPC and the Regulations of the Real Estate  
          Commissioner as contained in the California Code of Regulations,  
          each of CalBRE's programs contribute toward satisfying its  
          mission of protecting and serving the interests of the public in  
          real estate transactions and providing related services to the  
          real estate industry.  Specifically, BPC Section 10050 requires  
          the Real Estate Commissioner to enforce all laws commencing with  
          BPC Section 10000 and BPC Section 11000 of Part 2 in a manner  
          that achieves the maximum protection for the purchasers of real  
          property and those persons dealing with real estate licensees.


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










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          SUPPORT:   (Verified8/2/16)


          California Association of Realtors (source)


          OPPOSITION:   (Verified8/2/16)


          None received


          ARGUMENTS IN SUPPORT:  The California Association of Realtors  
          notes that "AB 685 makes some technical corrections, but,  
          primarily, eliminates references to 'salesman' or 'salesmen' and  
          replaces those with 'salesperson' or 'salespersons'  
          respectively.  Needless to say, many women are real estate  
          licensees, and such, references to only the male gender should  
          be eliminated."              


           ASSEMBLY FLOOR:  77-0, 4/30/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Campos, Chávez, Gomez



          Prepared by:  Mark Mendoza / B., P. & E.D. / (916) 651-4104
          8/3/16 19:17:53










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