BILL NUMBER: AB 1807 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
INTRODUCED BY Assembly Member Bonta
FEBRUARY 8, 2016
An act to amend Section 10083.2 of the Business and Professions
Code, relating to real estate licensees.
licensees, making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1807, as amended, Bonta. Real estate licensees.
The Real Estate Law provides for the licensure and regulation of
real estate brokers and real estate salespersons by the Bureau of
Real Estate Estate, headed by the Real
Estate Commissioner. Fees charged and collected under the Real
Estate Law, except as otherwise provided, are deposited into the Real
Estate Fund and continuously appropriated for use by the
commissioner, as specified. Existing law requires the
commissioner to provide on the Internet specific information
regarding the status of every license issued by the department.
This bill would require the commissioner, upon petition by a
licensee accompanied by a specified fee, to remove from the posting
of discipline an item that through passage of time
has been noticed on the bureau's Internet Website for at least
10 years and for which the licensee provides
evidence of rehabilitation indicating that the notice is
no longer required to prevent a credible risk to members of the
public utilizing licensed activity of the licensee. Because the
fees collected pursuant to these provisions would be deposited in the
Re al Estate Fund, which is continuously appropriated,
the bill would make an appropriation. The bill would also require the
bureau to develop, through regulations, the minimum information to
be included in a licensee's petition, including, but not limited to,
a written justification and evidence of rehabilitation.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) It is appropriate for the Bureau of Real Estate to continue to
report on its license verification Internet Web page when discipline
has been imposed upon a licensee for conduct that indicates a
credible risk of financial or physical harm to members of the public
in the future.
(b) It is appropriate for the Bureau of Real Estate to consider
and grant on a case-by-case basis a licensee's petition to
discontinue the reporting of past disciplinary actions when the
petitioning licensee has demonstrated to the satisfaction of the Real
Estate Commissioner that the continued reporting is no longer
required in order to avoid or reduce such a risk to the public.
(c) The Bureau of Real Estate may require a petitioner to pay in
advance of consideration a fee to defray costs associated with
consideration of the petition.
(d) Nothing in this act shall be construed to authorize or require
the destruction of public records maintained pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), or to refuse
a request for production of such a record.
(e) The Legislature intends by this act to establish a process by
which a licensee may petition the Bureau of Real Estate to remove a
notice of past discipline from the license verification Internet Web
page of the bureau.
SEC. 2. Section 10083.2 of the Business and Professions Code is
amended to read:
10083.2. (a) The commissioner shall provide on the Internet
information regarding the status of every license issued by the
department in accordance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code). The public information to be provided
on the Internet shall include information on suspensions and
revocations of licenses issued by the department and accusations
filed pursuant to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) relative to persons or businesses subject to
licensure or regulation by the department. The information shall not
include personal information, including home telephone number, date
of birth, or social security number. The commissioner shall disclose
a licensee's address of record. However, the commissioner shall allow
a licensee to provide a post office box number or other alternate
address, instead of his or her home address, as the address of
record. This section shall not preclude the commissioner from also
requiring a licensee who has provided a post office box number or
other alternative mailing address as his or her address of record to
provide a physical business address or residence address only for the
department's internal administrative use and not for disclosure as
the licensee's address of record or disclosure on the Internet.
(b) For purposes of this section, "Internet" has the meaning set
forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to
defray costs associated with consideration of a petition, the
commissioner shall remove from the posting of discipline described in
subdivision (a), an item that through passage of time
has been noticed on the bureau's Internet Web site for
no less than 10 years and for which the licensee provides
evidence of rehabilitation indicating that the
notice is no longer required in order to prevent a credible
risk to members of the public utilizing licensed activity of the
licensee.
(d) The bureau shall develop, through regulations, the minimum
information to be included in a licensee's petition, including, but
not limited to, a written justification and evidence of
rehabilitation pursuant to Section 482.