BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1807|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 1807
          Author:   Bonta (D) 
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE BUS., PROF. & ECON. DEV. COMMITTEE:  9-0, 6/27/16
           AYES:  Hill, Bates, Block, Gaines, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/1/16 - See last page for vote

           SUBJECT:   Real estate licensees


          SOURCE:    California Association of Realtors

          DIGEST:   This bill allows a licensee of the Bureau of Real  
          Estate to petition the Real Estate Commissioner to remove his or  
          her notice of disciplinary action from the Bureau's Internet Web  
          site because the information is no longer necessary to prevent a  
          credible risk to the public, as specified.


          ANALYSIS:  


          Existing law:


           1) Establishes within the Department of Consumer Affairs a  








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             Bureau of Real Estate (BRE or Bureau), the chief officer of  
             which is named the Real Estate Commissioner (Commissioner);  
             the BRE is mandated to protect the public by exercising its  
             licensing, regulatory, and disciplinary functions; whenever  
             the protection of the public is inconsistent with other  
             interests sought to be promoted, the protection of the public  
             shall be paramount.  (Business and Professions Code (BPC) §  
             10000, et seq.) 


           2) Provides that the Commissioner enforce the provisions of the  
             Real Estate Law; has full power to regulate and control the  
             issuance and temporary or permanent revocation of all  
             licenses to be issued; and, perform all other acts and duties  
             necessary for their enforcement.  (BPC § 10071)


           3) Provides that the Commissioner may adopt, amend, or repeal  
             rules and regulations that are reasonably necessary for the  
             enforcement.  (BPC § 10080)


           4) Requires the Commissioner to provide on the Internet  
             information regarding the status of every license issued,  
             including information on suspensions and revocations of  
             licenses, accusations filed pursuant to the Administrative  
             Procedure Act relative to persons or businesses subject to  
             licensure or regulation; provides that the information not  
             include personal information, except for the licensee's  
             address of record.  (BPC § 10083.2)


           5) Specifies actions by a licensee for which the Commissioner  
             or a designee may issue a citation and fine, including when a  
             person who does not possess a real estate license, prepaid  
             rental listing service license, or a real estate broker  
             license is engaged or has engaged in activities for which the  
             respective license is required; or when a licensee is  
             violating or has violated provisions, as specified.  (BPC §  
             10080.9)


           6) Authorizes the Commissioner to promulgate regulations for  
             citations and fines associated with a violation or violations  







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             of the Real Estate Law; requires the citation to be provided  
             in writing with particularities and nature of the violation;  
             provides that the citation may be made by certified mail at  
             the address of record of a licensee cited, or to the last  
             known mailing, business, or residence address of an  
             unlicensed person or entity cited; requires time be allowed  
             to comply with an order of correction that is specified in  
             the citation; and provides that the person receiving the  
             citation may request an extension of the time to comply with  
             the order if the cited person or entity is unable to complete  
             the correction or pay the fine within the time specified.   
             (Title 10 California Code of Regulations §§ 2907.1-2907.4)


          This bill:


           1) Declares that it is appropriate for the BRE to continue  
             reporting on its license verification Internet Web page,  
             which is hosted on the BRE Web site when discipline has been  
             imposed upon a licensee for conduct that indicates a credible  
             risk of harm to the public; and that the BRE may 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 Commissioner that the continued reporting is no longer  
             required in order to avoid or reduce such a risk to the  
             public.


           2) Declares that the BRE may require a petitioner to pay in  
             advance of consideration a fee to defray costs associated  
             with consideration of the petition.


           3) Declares that the BRE is not authorized or required to  
             destroy public records maintained pursuant to the California  
             Public Records Act.


           4) Declares that the Legislature intends to establish a process  
             by which a licensee may petition the BRE to remove a notice  
             of past discipline from the license verification Internet Web  
             site of the BRE.







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           5) Provides that a licensee may petition the Commissioner to  
             remove from the posting of discipline, as specified, an item  
             that through passage of time and evidence of rehabilitation  
             is no longer required in order to prevent a credible risk to  
             members of the public utilizing licensed activity of the  
             licensee.


           6) Authorizes the Commissioner, upon petition by a licensee  
             accompanied by a fee, to remove from the posting of a  
             discipline that has been posted on the BRE'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.


           7) Requires the Commissioner, when 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.


           8) Defines "posted" as the date of disciplinary action taken on  
             the BRE Web site.


           9) Authorizes BRE 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.


           10)Requires the petition process to commence January 1, 2018,  
             or upon completion of regulations to implement the process,  
             whichever comes first. 


          Background









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          According to the author, "The current disciplinary system under  
          the BRE serves an important role in ensuring consumers have  
          access to a real estate licensee's disciplinary history.  That  
          information serves as a valuable tool in protecting consumers  
          and promoting transparency.  However, this tool has also  
          negatively impacted a small class of real estate licensees who  
          have had minor disciplinary actions on their record for many  
          years.  Even after the licensee has been rehabilitated and the  
          license penalty has been removed, there isn't an opportunity to  
          have that action removed from the online database.  This bill  
          simply provides the BRE Commissioner the ability to determine  
          how long certain disciplinary actions should be posted online,  
          ensuring that rehabilitated licensees are operating on a level  
          playing field."


          According to the California Association of Realtors, some  
          licensees have used this information to gain a competitive  
          advantage over licensees with a record of discipline from the  
          BRE, even if the violation for which the licensee was  
          disciplined is several years old, the licensee has complied with  
          corrective actions specified in the citation, and the violation  
          is no longer relevant to the licensee's ability to operate.


          The Commissioner already has the authority to review  
          disciplinary actions against a licensee and evaluate whether the  
          disciplinary action should be modified.  This bill provides an  
          avenue for licensees to request a disciplinary action on the  
          BRE's Web site be removed if the Commissioner agrees that there  
          is evidence of rehabilitation and the licensee is not a  
          potential risk to consumers.




          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, this bill  
          would incur minor costs to adopt regulations specifying what  
          information must be provided by a petitioner to BRE and ongoing  
          cots for BRE to evaluate the petitions from licensees and their  







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          past disciplinary history.




          SUPPORT:   (Verified8/11/16)


          California Association of Realtors (source)


          OPPOSITION:   (Verified8/11/16)


          Department of Finance


          ARGUMENTS IN SUPPORT:     The California Association of Realtors  
          (Sponsor) writes in support, "This bill creates a process by  
          which a licensee can have an old record of discipline removed  
          from [the BRE] website profile if the [Commissioner] determines  
          that protection of the public interest and public welfare will  
          be adequately maintained.  Additionally, the process would be  
          paid for by the petitioner thereby avoiding any new costs to the  
          [BRE]."


          ARGUMENTS IN OPPOSITION: The Department of Finance argues that  
          this bill "results in costs not included in the Administration's  
          current fiscal plan.  The Bureau [also] did not start posting  
          disciplinary actions to their website until 2011."


          ASSEMBLY FLOOR:  78-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Roger Hernández,  
            Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  







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                                                                    Page  7


            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Gordon, Harper

          Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
          8/15/16 20:10:09


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