AB 1381,
as amended, Weber. begin deleteReal estate appraisers. end deletebegin insertProfessions and vocations: real estate appraisers: real estate brokers.end insert
Existing law provides for the licensure and regulation of real estate brokers and defines “real estate broker” for its purposes to include a person who, among other things, (1) sells or offers to sell, buys or offers to buy, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale or exchange of real property or a business opportunity, or (2) leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase, or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities.
end insertbegin insertThis bill would exclude from the definition of “real estate broker” persons acting in the capacity of an outdoor advertising representative, as defined, in connection with a specified transaction.
end insertExisting law, the Real Estate Appraisers’ Licensing and Certification Law, provides for the licensure and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers.
Existing law prohibits a person from engaging in real estate appraisal activity without obtaining a license issued by the Bureau of Real Estate Appraisers (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.
This bill would additionally require the bureau to provide, on the Internet, the continuing education course information provided by a licensee when an individual applies for licensure renewal. The bill would also make various nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 10133.45 is added to the end insertbegin insertBusiness and
2Professions Codeend insertbegin insert, to read:end insert
(a) Subdivisions (a) and (b) of Section 10131 do
4not apply to persons acting in the capacity of an outdoor
5advertising representative in connection with a transaction
6described in subdivision (c).
7
(b) For purposes of this section, “outdoor advertising
8representative” means an employee of a corporation or a limited
9liability company or a general partner of a partnership arranging
10for the lease or transfer of real property or an interest in real
11property solely for the placement of, access to, or operation of, an
12advertising display and appurtenances thereto, as defined in
13Section 5202.
14
(c) In every transaction involving the transfer, lease, or use of
15real property for the
operation of an advertising display negotiated
P3 1by an outdoor advertising representative, the owner or operator
2of the advertising display shall maintain liability insurance
3coverage for death, bodily injury, and property damage arising
4out of, or in connection with, its acts, omissions, or operations on
5the real property. The amount of the insurance coverage shall not
6be less than five hundred thousand dollars ($500,000) per person
7or one million dollars ($1,000,000) per occurrence for personal
8injury and five hundred thousand dollars ($500,000) for property
9damage. It must be issued by an insurance carrier authorized to
10sell such insurance in California.
Section 11317.2 of the Business and Professions Code
13 is amended to read:
(a) (1) In addition to publishing the summary
15required by Section 11317, the bureau shall provide on the Internet
16information regarding the status of every license and registration
17issued by the bureau in accordance with the California Public
18Records Act (Chapter 3.5 (commencing with Section 6250) of
19Division 7 of Title 1 of the Government Code) and the Information
20Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
21of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
22information to be provided on the Internet shall include information
23on suspensions and revocations of licenses and registrations issued
24by the bureau and accusations filed pursuant to the Administrative
25Procedure Act (Chapter 3.5
(commencing with Section 11340) of
26Part 1 of Division 3 of Title 2 of the Government Code) relative
27to persons or businesses subject to licensure, registration, or
28regulation by the bureau. The information shall not include personal
29information, including home telephone number, date of birth, or
30social security number. The bureau shall disclose a licensee’s or
31registrant’s address of record. However, the bureau shall allow a
32licensee or registrant to provide a post office box number or other
33alternate address, instead of his or her home address, as the address
34of record. This section shall not preclude the bureau from also
35requiring a licensee or registrant who has provided a post office
36box number or other alternative mailing address as his or her
37address of record to provide a physical business address or
38residence address only for the bureau’s internal administrative use
39and not for disclosure
as the licensee’s or registrant’s address of
40record or disclosure on the Internet.
P4 1(2) In addition to the information required by subdivision (a),
2the bureau shall provide, on the Internet, the continuing education
3course information provided by a licensee when an individual
4applies for licensure renewal.
5(b) The bureau shall not provide on the Internet identifying
6information with respect to private reprovals or letters of warning,
7which shall remain confidential.
8(c) For purposes of this section, “Internet” has the meaning set
9forth in paragraph (6) of subdivision (f) of Section 17538.
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