BILL NUMBER: AB 1807	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 8, 2016

   An act to amend Section 10176.1 of the Business and Professions
Code, relating to escrow agents.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1807, as introduced, Bonta. Escrow agents.
   Existing law subjects the escrow industry to various laws and
regulations under the oversight of the Real Estate Commissioner, the
Commissioner of Business Oversight, or the Insurance Commissioner.
Existing law requires the commissioners to notify each other when
taking enforcement or disciplinary action related to certain escrow
services. Existing law requires the Bureau of Real Estate to maintain
an Internet Web site that displays a database of individuals who
have been subject to disciplinary action related to the escrow
industry.
   This bill would limit the time period for which the Bureau of Real
Estate's Internet Web site is required to display disciplinary
actions taken against a licensee to 10 years or a lesser as the Real
Estate Commissioner deems to be in the best interest of the public.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10176.1 of the Business and Professions Code is
amended to read:
   10176.1.  (a) (1) Whenever the commissioner takes any enforcement
or disciplinary action against a licensee, and the enforcement or
disciplinary action is related to escrow services provided pursuant
to paragraph (4) of subdivision (a) of Section 17006 of the Financial
Code, upon the action becoming final the commissioner shall notify
the Insurance Commissioner and the Commissioner of Business Oversight
of the action or actions taken. The purpose of this notification is
to alert the departments that enforcement or disciplinary action has
been taken, if the licensee seeks or obtains employment with entities
regulated by the departments.
   (2) The commissioner shall provide the Insurance Commissioner and
the Commissioner of Business Oversight, in addition to the
notification of the action taken, with a copy of the written
accusation, statement of issues, or order issued or filed in the
matter and, at the request of the Insurance Commissioner or the
Commissioner of Business Oversight, with any underlying factual
material relevant to the enforcement or disciplinary action. Any
confidential information provided by the commissioner to the
Insurance Commissioner or the Commissioner of Business Oversight
shall not be made public pursuant to this section. Notwithstanding
any other provision of law, the disclosure of any underlying factual
material to the Insurance Commissioner or the Commissioner of
Business Oversight shall not operate as a waiver of confidentiality
or any privilege that the commissioner may assert.
   (b) The commissioner shall establish and maintain, on the 
Internet  Web site maintained by the Bureau of Real Estate, a
database of its licensees, including those who have been subject to
any enforcement or disciplinary action that triggers the notification
requirements of this  section.   section for a
period of 10 years or a lesser time as the commissioner deems to be
in the best interest of the public.  The database shall also
contain a direct link to the databases, described in Section 17423.1
of the Financial Code and Section 12414.31 of the Insurance Code and
required to be maintained on the  Internet  Web sites of the
Department of Business Oversight and the Department of Insurance,
respectively, of persons who have been subject to enforcement or
disciplinary action for malfeasance or misconduct related to the
escrow industry by the Insurance Commissioner and the Commissioner of
Business Oversight.
   (c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California,
the Bureau of Real Estate, the Real Estate Commissioner, any other
state agency, or any officer, agent, employee, consultant, or
contractor of the state, for the release of any false or unauthorized
information pursuant to this section, unless the release of that
information was done with knowledge and malice, or for the failure to
release any information pursuant to this section.