BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1807 (Bonta) - Real estate licensees
          
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          |Version: June 22, 2016          |Policy Vote: B., P. & E.D. 9 -  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 1807 would allow a licensee of the Bureau of Real  
          Estate to petition the Bureau to remove information about  
          disciplinary actions taken against the licensee, after ten years  
          have elapsed and certain conditions are met.


          Fiscal  
          Impact:  
           Minor costs to adopt regulations specifying what information  
            must be provided by a petitioner to the Bureau of Real Estate  
            (Real Estate Fund).

           One-time costs of $340,000 and ongoing costs of $290,000 per  
            year for the Bureau of Real Estate to evaluate petitions from  
            licensees and the licensee's past disciplinary history, and to  
            document the Bureau's decision on the petition (Real Estate  
            Fund). Because the requirement for the Bureau to retain  
            information on its website for ten years went into effect in  
            2011, the Bureau would not likely receive a substantial number  
            of petitions until 2019-20. The Bureau anticipates that about  







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            400 licensees per year would request disciplinary information  
            to be removed from the website. The bill requires a petitioner  
            to pay the Bureau a fee to cover the Bureau's workload. The  
            fee would be set at the level of a license fee (currently set  
            in statute at $300.) The Bureau anticipates this will generate  
            about $120,000  per year, partially offsetting the cost to  
            process the petitions.


          Background:  Under current law, the Bureau of Real Estate licenses real  
          estate brokers and salespersons in the state. Real estate  
          salespersons are licensed and work under a licensed broker, who  
          has retains fiduciary responsibly to the client. Under current  
          law, an associate licensee is a licensed salesperson or licensed  
          broker who is working under the supervision of a licensed  
          broker. Under current law and practice, the Bureau of Real  
          Estate publishes information about licensed salespersons and  
          brokers on its website.
          Under current law and practice, the Bureau has the authority to  
          take disciplinary action against a licensee for violations of  
          law or regulation governing real estate sales. The scope of  
          disciplinary action taken by the Bureau depends on the  
          particular facts of an allegation. For minor or first time  
          violations, the Bureau may impose a citation or fine. In those  
          cases, information about the disciplinary action is not required  
          to be posted on the Bureau's website. For more serious  
          violations (for example violations that caused harm to the  
          public), the Bureau is likely to revoke a license or place  
          restrictions on a license. In those cases, the disciplinary  
          action taken by the Bureau is required to be posted on its  
          website (so that consumers can look up a licensee's disciplinary  
          history). Current law requires information on disciplinary  
          actions to be retained on the Bureau's website for ten years.




          Proposed Law:  
            AB 1807 would allow a licensee of the Bureau of Real Estate to  
          petition the Bureau to remove information about disciplinary  
          actions taken against the licensee, after ten years have elapsed  
          and certain conditions are met.
          Specific provisions of the bill would:
           Authorize the Real Estate Commissioner (the chief officer of  








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            the Bureau of Real Estate) to remove a posting of a  
            disciplinary action against a licensee, upon a petition of the  
            licensee;
           Require the petitioner to pay a fee to the Bureau;
           Require ten years to have elapsed before any disciplinary  
            information is removed from the Bureau's website;
           Require the petitioner to demonstrate evidence of  
            rehabilitation, such that notice is no longer needed to  
            protect the public;
           Authorize the bureau to develop information to be included in  
            a petition, through the adoption of regulations;
           Set the fee to be paid by a petitioner at the fee set in  
            statute for a real estate salesperson or real estate broker  
            (currently set at $300).


          Staff  
          Comments:  The Bureau indicates that since the housing bubble  
          preceding the Great Recession, there have been a significant  
          number of disciplinary actions that have been taken against  
          licensees or are in process. The Bureau anticipates that once  
          ten years have elapsed, there is likely to be a significant  
          number of petitions to remove disciplinary information relating  
          to those disciplinary actions. The Bureau indicates that the  
          ongoing workload and costs indicated above are likely to persist  
          for several years and then to moderate as the large number of  
          disciplinary actions relating to the housing bubble are  
          addressed.


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