Amended in Senate August 15, 2016

Amended in Senate June 22, 2016

Amended in Senate June 20, 2016

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 BillNo. 1807


Introduced by Assembly Member Bonta

February 8, 2016


An act to amend Section 10083.2begin delete of, and to add Section 10223 to,end deletebegin insert ofend insert the Business and Professions Code, relating to real estate licensees, and 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 authorize the commissioner, upon petition by a licensee accompanied by a specified fee, to remove from the posting of discipline an item that has been posted on the bureau’s Internet Web site 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. The bill would require the commissioner, in evaluating a petition, to take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal, as specified. 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 authorize the bureau to develop, through regulations,begin insert the amount of the fee andend insert the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation.begin insert The bill would require the petition process to commence January 1, 2018, or upon completion of regulations to implement the process, whichever comes first.end insert

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) It is appropriate for the Bureau of Real Estate to continue
3to report on its license verification Internet Web page when
4discipline has been imposed upon a licensee for conduct that
5indicates a credible risk of financial or physical harm to members
6of the public in the future.

7(b) It is appropriate for the Bureau of Real Estate to consider
8and grant on a case-by-case basis a licensee’s petition to
9discontinue the reporting of past disciplinary actions when the
10petitioning licensee has demonstrated to the satisfaction of the
11Real Estate Commissioner that the continued reporting is no longer
12required in order to avoid or reduce such a risk to the public.

13(c) The Bureau of Real Estate may require a petitioner to pay
14in advance of consideration a fee to defray costs associated with
15consideration of the petition.

16(d) Nothing in this act shall be construed to authorize or require
17the destruction of public records maintained pursuant to the
18California Public Records Act (Chapter 3.5 (commencing with
P3    1Section 6250) of Division 7 of Title 1 of the Government Code),
2or to refuse a request for production of such a record.

3(e) The Legislature intends by this act to establish a process by
4which a licensee may petition the Bureau of Real Estate to remove
5a notice of past discipline from the license verification Internet
6Web page of the bureau.

7

SEC. 2.  

Section 10083.2 of the Business and Professions Code
8 is amended to read:

9

10083.2.  

(a) The commissioner shall provide on the Internet
10information regarding the status of every license issued by the
11department in accordance with the California Public Records Act
12(Chapter 3.5 (commencing with Section 6250) of Division 7 of
13Title 1 of the Government Code) and the Information Practices
14Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
151.8 of Part 4 of Division 3 of the Civil Code). The public
16information to be provided on the Internet shall include information
17on suspensions and revocations of licenses issued by the
18department and accusations filed pursuant to the Administrative
19Procedure Act (Chapter 3.5 (commencing with Section 11340) of
20Part 1 of Division 3 of Title 2 of the Government Code) relative
21to persons or businesses subject to licensure or regulation by the
22department. The information shall not include personal information,
23including home telephone number, date of birth, or social security
24number. The commissioner shall disclose a licensee’s address of
25record. However, the commissioner shall allow a licensee to
26provide a post office box number or other alternate address, instead
27of his or her home address, as the address of record. This section
28shall not preclude the commissioner from also requiring a licensee
29who has provided a post office box number or other alternative
30mailing address as his or her address of record to provide a physical
31business address or residence address only for the department’s
32internal administrative use and not for disclosure as the licensee’s
33address of record or disclosure on the Internet.

34(b) For purposes of this section, “Internet” has the meaning set
35forth in paragraph (6) of subdivision (f) of Section 17538.

36(c) Upon petition by a licensee accompanied by a fee sufficient
37to defray costs associated with consideration of a petition,begin delete as
38described in Section 10223,end delete
the commissioner may remove from
39the posting of discipline described in subdivision (a) an item that
40has been posted on the bureau’s Internet Web site for no less than
P4    110 years and for which the licensee provides evidence of
2rehabilitation indicating that the notice is no longer required in
3order to prevent a credible risk to members of the public utilizing
4licensed activity of the licensee. In evaluating a petition, the
5Commissioner shall take into consideration other violations that
6present a credible risk to the members of the public since the
7posting of discipline requested for removal.

8(d) The bureau may develop, through regulations,begin insert the amount
9of the fee andend insert
the minimum information to be included in a
10licensee’s petition, including, but not limited to, a written
11justification and evidence of rehabilitation pursuant to Section
12482.

13(e) “Posted” for purposes of this section is defined as the date
14of disciplinary action taken by the bureau.

begin insert

15
(f) The petition process described by subdivisions (c) and (d)
16shall commence January 1, 2018, or upon completion of
17regulations to implement the process, whichever comes first.

end insert
begin delete
18

SEC. 3.  

Section 10223 is added to the Business and Professions
19Code
, to read:

20

10223.  

(a) The fee for a real estate salesperson to petition the
21Bureau of Real Estate for removal of a notice of disciplinary action
22from the bureau’s Internet Web site after the passage of no less
23than 10 years of the action first being noticed online shall be the
24same as that for an unrestricted real estate salesperson license as
25provided in Section 10215.

26(b) The fee for a real estate broker to petition the Bureau of Real
27Estate for removal of a notice of disciplinary action from the
28bureau’s Internet Web site after the passage of no less than 10
29years of the action first being noticed online shall be the same as
30that for an unrestricted real estate broker license as provided in
31Section 10210.

end delete


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