Amended in Senate June 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2330


Introduced by Assembly Member Ridley-Thomas

February 18, 2016


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 10083.2begin insert and 10161.8end insert of the Business and Professions Code, relating to real estate licensees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2330, as amended, Ridley-Thomas. 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. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department.begin insert That law requires a real estate broker to immediately notify the commissioner in writing whenever a real estate salesman enters the employ of or is terminated by that real estate broker. That law makes a willful or knowing violation of any if its provisions punishable as a misdemeanor.end insert

This bill would require that information to include whether a licensee is an associate licensee and, if the associate licensee is a broker, to identify each responsible broker with whom the licensee is contractually associated.begin insert This bill would additionally require a real estate broker to immediately notify the commissioner in writing whenever a real estate broker acting as a salesperson enters the employ of or is terminated by the responsible real estate broker and would make certain nonsubstantive changes. By placing a new requirement on a real estate broker to report to the commissioner regarding the employment or termination of a real estate broker acting as a salesperson, this bill would expand an existing crime.end insert

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1

SECTION 1.  

Section 10083.2 of the Business and Professions
2Code
is amended to read:

3

10083.2.  

(a) (1) The commissioner shall provide on the
4Internet information regarding the status of every license issued
5by the department in accordance with the California Public Records
6Act (Chapter 3.5 (commencing with Section 6250) of Division 7
7of Title 1 of the Government Code) and the Information Practices
8Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
91.8 of Part 4 of Division 3 of the Civil Code).

10(2) The public information to be provided on the Internet shall
11include information on suspensions and revocations of licenses
12issued by the department and accusations filed pursuant to the
13Administrative Procedure Act (Chapter 3.5 (commencing with
14Section 11340) of Part 1 of Division 3 of Title 2 of the Government
15Code) relative to persons or businesses subject to licensure or
16regulation by the department.

17(3) The public information shall not include personal
18information, including home telephone number, date of birth, or
19social security number. The commissioner shall disclose a
20licensee’s address of record. However, the commissioner shall
21allow a licensee to provide a post office box number or other
22alternate address, instead of his or her home address, as the address
23of record. This section shall not preclude the commissioner from
24also requiring a licensee who has provided a post office box
25number or other alternative mailing address as his or her address
26of record to provide a physical business address or residence
27address only for the department’s internal administrative use and
P3    1not for disclosure as the licensee’s address of record or disclosure
2on the Internet.

3(4) The public information shall also include whether a licensee
4is an associate licensee within the meaning of subdivision (b) of
5Section 2079.13 of the Civil Code and, if the associate licensee is
6a broker, identify each responsible broker with whom the licensee
7is contractually associated as described in Section 10032 of this
8 code or Section 2079.13 of the Civil Code.

9(b) For purposes of this section, “Internet” has the meaning set
10forth in paragraph (6) of subdivision (f) of Section 17538.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 10161.8 of the end insertbegin insertBusiness and Professions Codeend insert
12
begin insert is amended to read:end insert

13

10161.8.  

(a) Whenever a real estatebegin delete salesmanend deletebegin insert salesperson or
14broker acting as a salespersonend insert
enters the employ of a real estate
15broker, thebegin insert responsibleend insert broker shall immediately notify the
16commissioner thereof in writing.

17(b) Whenever employment of a real estatebegin delete salesmanend deletebegin insert salesperson
18or broker acting as a salespersonend insert
is terminated, thebegin insert responsibleend insert
19 broker shall immediately notify the commissionerbegin delete thereofend deletebegin insert of that
20terminationend insert
in writing.

21(c) Whenever a licensee acquires a business address different
22from the address shown on hisbegin insert or herend insert licensebegin delete heend deletebegin insert the licenseeend insert shall
23mark out the former address on the face of the license and type or
24write the new main office address in ink on the reverse side, and
25date and initialbegin insert theend insert same.

26(d) Whenever a real estatebegin delete salesmanend deletebegin insert salespersonend insert enters the
27employ of a new real estate brokerbegin delete heend deletebegin insert the salespersonend insert shall mark
28out the name of hisbegin insert or herend insert former broker on the face of the license
29and type or write the name of the new employing broker in ink on
30the reverse side, and date and initialbegin insert theend insert same.

31begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

end insert


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