BILL NUMBER: AB 2330 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 18, 2016
An act to amend Section Sections
10083.2 and 10161.8 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. 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.
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. 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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10083.2 of the Business and Professions Code is
amended to read:
10083.2. (a) (1) 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).
(2) 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.
(3) The public 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.
(4) The public information shall also include whether a licensee
is an associate licensee within the meaning of subdivision (b) of
Section 2079.13 of the Civil Code and, if the associate licensee is a
broker, identify each responsible broker with whom the licensee is
contractually associated as described in Section 10032 of this code
or Section 2079.13 of the Civil Code.
(b) For purposes of this section, "Internet" has the meaning set
forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2. Section 10161.8 of the Business
and Professions Code is amended to read:
10161.8. (a) Whenever a real estate salesman
salesperson or broker acting as a salesperson enters the
employ of a real estate broker, the responsible broker
shall immediately notify the commissioner thereof in writing.
(b) Whenever employment of a real estate salesman
salesperson or broker acting as a salesperson is
terminated, the responsible broker shall immediately
notify the commissioner thereof of that
termination in writing.
(c) Whenever a licensee acquires a business address different from
the address shown on his or her license he
the licensee shall mark out the former address
on the face of the license and type or write the new main office
address in ink on the reverse side, and date and initial the
same.
(d) Whenever a real estate salesman
salesperson enters the employ of a new real estate broker
he the salesperson shall mark out the
name of his or her former broker on the face of the
license and type or write the name of the new employing broker in ink
on the reverse side, and date and initial the same.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.