Amended in Assembly May 27, 2016

Amended in Assembly April 18, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1807

Introduced by Assembly Member Bonta

February 8, 2016

An act to amend Section 10083.2 begin delete of end delete begin insert of, and to add Section 10223 to, end insert the Business and Professions Code, relating to real estate licensees, begin insert and end insert 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, 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 has been begin delete noticed end delete begin insert posted end insert 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 Real Estate Fund, which is continuously appropriated, the bill would make an appropriation. The bill would also begin delete require end delete begin insert authorize end insert 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: 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, begin insert as
described in Section 10223, end insert the commissioner shall remove from
the posting of discipline described in subdivision (a), an item that
has been begin delete noticed end delete begin insert posted end insert 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 begin delete shall end delete begin insert may end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 10223 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 10223. end insert   

(a) The fee for a real estate sales person to petition
the Bureau of Real Estate for removal of a notice of disciplinary
action from the bureau’s Internet Web site after the passage of no
less than 10 years of the action first being noticed online shall be
the same as that for an unrestricted real estate sales person license
as provided in paragraph (7) of subdivision (b) of Section 10226.5.

(b) The fee for a real estate broker to petition the Bureau of
Real Estate for removal of a notice of disciplinary action from the
bureau’s Internet Web site after the passage of no less than 10
years of the action first being noticed online shall be the same as
that for an unrestricted real estate broker license as provided in
Section 10210.

end insert