BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 685|
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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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