Amended in Senate June 1, 2016

Amended in Assembly January 25, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1381


Introduced by Assembly Member Weber

February 27, 2015


An act to amend Sectionbegin delete 11340end deletebegin insert 11317.2end insert of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 1381, as amended, Weber. Real estate appraisers.

Existingbegin delete lawend deletebegin insert law, the Real Estate Appraisers’ Licensing and Certification Law,end insert provides for thebegin delete licensure, certification,end deletebegin insert licensureend insert and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. begin deleteExisting law requires the chief to adopt regulations governing the process and the procedure of applying for a license, including, but not limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation. Existing law requires, for purposes of the educational background requirements, the chief to grant credits for any courses taken on real estate appraisal ethics or practices, as specified.end delete

begin delete

This bill would also require, for purposes of the educational background requirements, the chief to require education in valuing sustainable real estate assets.

end delete
begin insert

Existing law prohibits a person from engaging in real estate appraisal activity without obtaining a license issued by the Bureau of Real Estate (formerly the Office of Real Estate Appraisers). Existing law requires a licensee to complete specified continuing education requirements in order to renew a license. Existing law requires the bureau to provide on the Internet information regarding, among other things, the status of every license and registration issued by the bureau.

end insert
begin insert

This bill would additionally require the bureau to provide, on the Internet, information regarding the continuing education courses taken by a licensee in order to renew a license to engage in real estate activity. The bill would also make various nonsubstantive changes.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11317.2 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

11317.2.  

(a) begin insert(1)end insertbegin insertend insertIn addition to publishing the summary
4required by Section 11317, thebegin delete officeend deletebegin insert bureauend insert shall provide on the
5Internet information regarding the status of every license and
6registration issued by thebegin delete officeend deletebegin insert bureauend insert in accordance with the
7California Public Records Act (Chapter 3.5 (commencing with
8Section 6250) of Division 7 of Title 1 of the Government Code)
9and the Information Practices Act of 1977 (Chapter 1 (commencing
10with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
11Code). The public information to be provided on the Internet shall
12include information on suspensions and revocations of licenses
13and registrations issued by thebegin delete officeend deletebegin insert bureauend insert and accusations filed
14pursuant to the Administrative Procedure Act (Chapter 3.5
15(commencing with Section 11340) of Part 1 of Division 3 of Title
162 of the Government Code) relative to persons or businesses subject
17to licensure, registration, or regulation by thebegin delete officeend deletebegin insert bureauend insert. The
18 information shall not include personal information, including home
19telephone number, date of birth, or social security number. The
20begin delete officeend deletebegin insert bureauend insert shall disclose a licensee’s or registrant’s address of
21record. However, thebegin delete officeend deletebegin insert bureauend insert shall allow a licensee or
22registrant to provide a post office box number or other alternate
23address, instead of his or her home address, as the address of
24record. This section shall not preclude thebegin delete officeend deletebegin insert bureauend insert from also
25requiring a licensee or registrant who has provided a post office
26box number or other alternative mailing address as his or her
P3    1address of record to provide a physical business address or
2residence address only for thebegin delete office’send deletebegin insert bureau’send insert internal
3administrative use and not for disclosure as the licensee’s or
4registrant’s address of record or disclosure on the Internet.

begin insert

5
(2) In addition to the information required by subdivision (a),
6the bureau shall provide, on the Internet, information regarding
7the continuing education courses taken by a licensee in order to
8renew a license to engage in real estate appraisal activity.

end insert

9(b) Thebegin delete officeend deletebegin insert bureauend insert shall not provide on the Internet
10identifying information with respect to private reprovals or letters
11of warning, which shall remain confidential.

12(c) For purposes of this section, “Internet” has the meaning set
13forth in paragraph (6) of subdivision (f) of Section 17538.

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14

SECTION 1.  

Section 11340 of the Business and Professions
15Code
is amended to read:

16

11340.  

The director shall adopt regulations governing the
17process and the procedure of applying for a license which shall
18include, but not be limited to, necessary experience or education,
19equivalency, and minimum requirements of the Appraisal
20Foundation, if any.

21(a) For purposes of the educational background requirements
22established under this section, the director shall do both of the
23following:

24 (1) Grant credits for any courses taken on real estate appraisal
25ethics or practices pursuant to Section 10153.2, or which are
26deemed by the director to meet standards established pursuant to
27this part and federal law.

28(2) (A) Require education in valuing sustainable real estate
29assets.

30(B) For purposes of this paragraph, “sustainable real estate
31assets” include, but are not limited to, solar and wind power
32generation installations and energy efficiency measures.

33(b) For the purpose of implementing and applying this section,
34the director shall prescribe by regulation “equivalent courses” and
35“equivalent experience.” The experience of employees of an
36assessor’s office or of the State Board of Equalization in setting
37forth opinions of value of real property for tax purposes shall be
38deemed equivalent to experience in federally related real estate
39appraisal activity. Notwithstanding any other law, a holder of a
40valid real estate broker license shall be deemed to have completed
P4    1appraisal license application experience requirements upon proof
2that he or she has accumulated 1,000 hours of experience in the
3valuation of real property.

4(c) The director shall adopt regulations for licensure which shall
5meet, at a minimum, the requirements and standards established
6by the Appraisal Foundation and the federal financial institutions
7regulatory agencies acting pursuant to Section 1112 of the Financial
8Institutions Reform Recovery and Enforcement Act of 1989, Public
9Law 101-73 (FIRREA). The director shall, by regulation, require
10the application for a real estate appraiser license to include the
11applicant’s social security number.

12(d) In evaluating the experience of any applicant for a license,
13regardless of the number of hours required of that applicant, the
14director shall apply the same standards to the experience of all
15applicants.

16(e) No license shall be issued to an applicant who is less than
1718 years of age.

end delete


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