AB 1381, as amended, Weber. Professions and vocations: real estate appraisers: real estate brokers.
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.
This 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.
Existing 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:
Section 10133.45 is added to the Business and
2Professions Code, to read:
(a) Subdivisions (a) and (b) of Section 10131 do
4not apply to persons acting in the capacity of an outdoor advertising
5representative in connection with a transaction described in
6subdivision (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 partnershipbegin insert that holds
10a license issued by the Department of Transportation to engage
11in the business of outdoor advertising,end insert arranging for the lease or
12transfer of real propertybegin insert
by his or her employerend insert or an interest in
13real property solely for the placement of, access to, or operation
14of, an advertising display and appurtenances thereto, as defined
15in Section 5202.
P3 1(c) In every transaction involving the transfer, lease, or use of
2real property for the operation of an advertising display negotiated
3by an outdoor advertising representative, the owner or operator of
4the advertising display shall maintain liability insurance coverage
5for death, bodily injury, and property damage arising out of, or in
6connection with, its acts, omissions, or operations on the real
7property. The amount of the insurance coverage shall not be less
8than five hundred thousand dollars ($500,000) per person or one
9million dollars ($1,000,000) per occurrence for personal injury
10and five hundred thousand dollars ($500,000)
for property damage.
11It must be issued by an insurance carrier authorized to sell such
12insurance in California.
Section 11317.2 of the Business and Professions Code
14 is amended to read:
(a) (1) In addition to publishing the summary
16required by Section 11317, the bureau shall provide on the Internet
17information regarding the status of every license and registration
18issued by the bureau in accordance with the California Public
19Records Act (Chapter 3.5 (commencing with Section 6250) of
20Division 7 of Title 1 of the Government Code) and the Information
21Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
22of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
23information to be provided on the Internet shall include information
24on suspensions and revocations of licenses and registrations issued
25by the bureau and accusations filed pursuant to the Administrative
26Procedure Act (Chapter 3.5
(commencing with Section 11340) of
27Part 1 of Division 3 of Title 2 of the Government Code) relative
28to persons or businesses subject to licensure, registration, or
29regulation by the bureau. The information shall not include personal
30information, including home telephone number, date of birth, or
31social security number. The bureau shall disclose a licensee’s or
32registrant’s address of record. However, the bureau shall allow a
33licensee or registrant to provide a post office box number or other
34alternate address, instead of his or her home address, as the address
35of record. This section shall not preclude the bureau from also
36requiring a licensee or registrant who has provided a post office
37box number or other alternative mailing address as his or her
38address of record to provide a physical business address or
39residence address only for the bureau’s internal administrative use
P4 1and not for disclosure
as the licensee’s or registrant’s address of
2record or disclosure on the Internet.
3(2) In addition to the information required by subdivision (a),
4the bureau shall provide, on the Internet, the continuing education
5course information provided by a licensee when an individual
6applies for licensure renewal.
7(b) The bureau shall not provide on the Internet identifying
8information with respect to private reprovals or letters of warning,
9which shall remain confidential.
10(c) For purposes of this section, “Internet” has the meaning set
11forth in paragraph (6) of subdivision (f) of Section 17538.
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