BILL NUMBER: AB 1807 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Bonta
FEBRUARY 8, 2016
An act to amend Section 10083.2 of, and to add Section
10223 to, of 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,
the amount of the fee and the minimum information to be
included in a licensee's petition, including, but not limited to, a
written justification and evidence of rehabilitation. The bill
would require the petition process to commence January 1,
2018, or upon completion of regulations to implement the process,
whichever comes first.
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,
as described in Section 10223, the commissioner may remove
from the posting of discipline described in subdivision (a) an item
that has been posted 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. In evaluating a petition, the
Commissioner shall take into consideration other violations that
present a credible risk to the members of the public since the
posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount
of the fee and 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.
(e) "Posted" for purposes of this section is defined as the date
of disciplinary action taken by the bureau.
(f) The petition process described by subdivisions (c) and (d)
shall commence January 1, 2018, or upon completion of regulations to
implement the process, whichever comes first.
SEC. 3. Section 10223 is added to the Business
and Professions Code, to read:
10223. (a) The fee for a real estate salesperson 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 salesperson license as
provided in Section 10215.
(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.