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 billbegin delete wouldend deletebegin insert would, beginning January 1, 2018,end insert
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.
This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code, proposed by AB 1807, that would become operative only if AB 1807 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
end insertThe 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: yes.
The people of the State of California do enact as follows:
Section 10083.2 of the Business and Professions
2Code is amended to read:
(a) The commissioner shall provide on the Internet
4information regarding the status of every license issued by the
5department in accordance with the California Public Records Act
6(Chapter 3.5 (commencing with Section 6250) of Division 7 of
7Title 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). The public
10information to be provided on the Internet shall include information
11on suspensions and revocations of licenses issued by the
12department and accusations filed pursuant to the Administrative
13Procedure Act (Chapter 3.5 (commencing with Section 11340) of
14Part
1 of Division 3 of Title 2 of the Government Code) relative
15to persons or businesses subject to licensure or regulation by the
16department. The information shall not include personal
17information, including home telephone number, date of birth, or
18social security number. The commissioner shall disclose a
19licensee’s address of record. However, the commissioner shall
20allow a licensee to provide a post office box number or other
21alternate address, instead of his or her home address, as the
P3 1address of record. This section shall not preclude the commissioner
2from also requiring a licensee who has provided a post office box
3number or other alternative mailing address as his or her address
4of record to provide a physical business address or residence
5address only for the department’s internal administrative use and
6not for disclosure as the licensee’s address of record or disclosure
7on the Internet.
8
(b) For purposes of this section, “Internet” has the meaning
9set forth in paragraph (6) of
subdivision (f) of Section 17538.
10
(c) This section shall remain in effect only until January 1, 2018,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 10083.2 of theend insertbegin insertBusiness and Professions Codeend insert
14
begin insert
is amended to read:end insert
(a) The commissioner shall provide on the Internet
16information regarding the status of every license issued by the
17department in accordance with the California Public Records Act
18(Chapter 3.5 (commencing with Section 6250) of Division 7 of
19Title 1 of the Government Code) and the Information Practices
20Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
211.8 of Part 4 of Division 3 of the Civil Code). The public
22information to be provided on the Internet shall include information
23on suspensions and revocations of licenses issued by the
24department and accusations filed pursuant to the Administrative
25Procedure Act (Chapter 3.5 (commencing with Section 11340) of
26Part 1 of Division 3 of Title 2 of the Government Code) relative
27to persons or businesses subject to licensure or regulation by the
28department. The information shall not include personal
information,
29including home telephone number, date of birth, or social security
30number. The commissioner shall disclose a licensee’s address of
31record. However, the commissioner shall allow a licensee to
32provide a post office box number or other alternate address, instead
33of his or her home address, as the address of record. This section
34shall not preclude the commissioner from also requiring a licensee
35who has provided a post office box number or other alternative
36mailing address as his or her address of record to provide a physical
37business address or residence address only for the department’s
38internal administrative use and not for disclosure as the licensee’s
39address of record or disclosure on the Internet.
P4 1(b) For purposes of this section, “Internet” has the meaning set
2forth in paragraph (6) of subdivision (f) of Section 17538.
3
(c) Upon petition by a licensee
accompanied by a fee sufficient
4to defray costs associated with consideration of a petition, the
5commissioner may remove from the posting of discipline described
6in subdivision (a) an item that has been posted on the bureau’s
7Internet Web site for no less than 10 years and for which the
8licensee provides evidence of rehabilitation indicating that the
9notice is no longer required in order to prevent a credible risk to
10members of the public utilizing licensed activity of the licensee. In
11evaluating a petition, the Commissioner shall take into
12consideration other violations that present a credible risk to the
13members of the public since the posting of discipline requested for
14removal.
15
(d) The bureau may develop, through regulations, the amount
16of the fee and the minimum information to be included in a
17licensee’s petition, including, but not limited to, a written
18justification and evidence of rehabilitation pursuant to Section
19482.
20
(e) “Posted” for purposes
of this section is defined as the date
21of disciplinary action taken by the bureau.
22
(f) The petition process described by subdivisions (c) and (d)
23shall commence January 1, 2018.
24
(g) The bureau shall maintain a list of all licensees whose
25disciplinary records are altered as a result of a petition approved
26under subdivision (c). The bureau shall make the list accessible
27to other licensing bodies. The bureau shall update and provide
28the list to other licensing bodies as often as it modifies the records
29displayed on its Internet Web site in response to petitions approved
30under subdivision (c).
31
(h) This section shall remain in effect only until January 1, 2018,
32and as of that date is repealed, unless a
later enacted statute, that
33is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 10083.2 is added to the end insertbegin insertBusiness and
35Professions Codeend insertbegin insert, to read:end insert
(a) (1) The commissioner shall provide on the
37Internet information regarding the status of every license issued
38by the department in accordance with the California Public Records
39Act (Chapter 3.5 (commencing with Section 6250) of Division 7
40of Title 1 of the Government Code) and the Information Practices
P5 1Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
21.8 of Part 4 of Division 3 of the Civil Code).
3(2) The public information to be provided on the Internet shall
4include information on suspensions and revocations of licenses
5issued by the department and accusations filed pursuant to the
6Administrative Procedure Act (Chapter 3.5 (commencing with
7Section
11340) of Part 1 of Division 3 of Title 2 of the Government
8Code) relative to persons or businesses subject to licensure or
9regulation by the department.
10(3) The public information shall not include personal
11information, including home telephone number, date of birth, or
12social security number. The commissioner shall disclose a
13licensee’s address of record. However, the commissioner shall
14allow a licensee to provide a post office box number or other
15alternate address, instead of his or her home address, as the address
16of record. This section shall not preclude the commissioner from
17also requiring a licensee who has provided a post office box
18number or other alternative mailing address as his or her address
19of record to provide a physical business address or residence
20address only for the department’s internal administrative use and
21not
for disclosure as the licensee’s address of record or disclosure
22on the Internet.
23(4) The public information shall also include whether a licensee
24is an associate licensee within the meaning of subdivision (b) of
25Section 2079.13 of the Civil Code and, if the associate licensee is
26a broker, identify each responsible broker with whom the licensee
27is contractually associated as described in Section 10032 of this
28
code or Section 2079.13 of the Civil Code.
29(b) For purposes of this section, “Internet” has the meaning set
30forth in paragraph (6) of subdivision (f) of Section 17538.
31
(c) This section shall become operative January 1, 2018.
Section 10161.8 of the Business and Professions Code
33 is amended to read:
(a) Whenever a real estate salesperson or broker
35acting as a salesperson enters the employ of a real estate broker,
36the responsible broker shall immediately notify the commissioner
37thereof in writing.
38(b) Whenever employment of a real estate salesperson or broker
39acting as a salesperson is terminated, the responsible broker shall
40immediately notify the commissioner of that termination in writing.
P6 1(c) Whenever a licensee acquires a business address different
2from the address shown on his or her license the licensee shall
3mark out the former address on the face of the license and type
or
4write the new main office address in ink on the reverse side, and
5date and initial the same.
6(d) Whenever a real estate salesperson enters the employ of a
7new real estate broker the salesperson shall mark out the name of
8his or her former broker on the face of the license and type or write
9the name of the new employing broker in ink on the reverse side,
10and date and initial the same.
Section 10083.2 is added to the Business and
12Professions Code, to read:
(a) (1) The commissioner shall provide on the
14Internet information regarding the status of every license issued
15by the department in accordance with the California Public
16Records Act (Chapter 3.5 (commencing with Section 6250) of
17Division 7 of Title 1 of the Government Code) and the Information
18Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
19of Title 1.8 of Part 4 of Division 3 of the Civil Code).
20
(2) The public information to be provided on the Internet shall
21include information on suspensions and revocations of licenses
22issued by the department and accusations filed pursuant to the
23Administrative Procedure Act (Chapter 3.5 (commencing with
24Section 11340) of Part 1 of Division 3 of Title 2 of the Government
25Code) relative to persons or businesses subject to licensure or
26regulation by the
department.
27
(3) The public information shall not include personal
28information, including home telephone number, date of birth, or
29social security number. The commissioner shall disclose a
30licensee’s address of record. However, the commissioner shall
31allow a licensee to provide a post office box number or other
32alternate address, instead of his or her home address, as the
33address of record. This section shall not preclude the commissioner
34from also requiring a licensee who has provided a post office box
35number or other alternative mailing address as his or her address
36of record to provide a physical business address or residence
37address only for the department’s internal administrative use and
38not for disclosure as the licensee’s address of record or disclosure
39on the Internet.
P7 1
(4) The public information shall also include whether a licensee
2is an associate licensee within the meaning of subdivision (b) of
3Section 2079.13 of the Civil Code and, if the
associate licensee is
4a broker, identify each responsible broker with whom the licensee
5is contractually associated as described in Section 10032 of this
6code or Section 2079.13 of the Civil Code.
7
(b) For purposes of this section, “Internet” has the meaning
8set forth in paragraph (6) of subdivision (f) of Section 17538.
9
(c) Upon petition by a licensee accompanied by a fee sufficient
10to defray costs associated with consideration of a petition, as
11described in Section 10223, the commissioner may remove from
12the posting of discipline described in subdivision (a) an item that
13has been posted on the bureau’s Internet Web site for no less than
1410 years and for which the licensee provides evidence of
15rehabilitation indicating that the notice is no longer required in
16order to prevent a credible risk to members of the public utilizing
17licensed activity of the licensee. In evaluating a petition, the
18commissioner shall take into consideration other violations that
19
present a credible risk to the members of the public since the
20posting of discipline requested for removal.
21
(d) The bureau may develop, through regulations, the amount
22of the fee and the minimum information to be included in a
23licensee’s petition, including, but not limited to, a written
24justification and evidence of rehabilitation pursuant to Section
25482.
26
(e) “Posted” for purposes of this section is defined as the date
27of disciplinary action taken by the bureau.
28
(f) The petition process described in subdivisions (c) and (d)
29shall commence January 1, 2018.
30
(g) The bureau shall maintain a list of all licensees whose
31disciplinary records are altered as a result of a petition approved
32under subdivision (c). The bureau shall make the list accessible
33to other licensing bodies. The bureau shall update and provide
34the list to other licensing bodies as often as it modifies
the records
35displayed on its Internet Web site in response to petitions approved
36under subdivision (c).
37
(h) This section shall become operative January 1, 2018.
begin insertSection 10161.8 of the end insertbegin insertBusiness and Professions Codeend insert
39
begin insert is amended to read:end insert
(a) Whenever a real estate salesman enters the employ
2of a real estate broker, the broker shall immediately notify the
3commissioner thereof in writing.
4(b) Whenever employment of a real estate salesman is
5terminated, the broker shall immediately notify the commissioner
6thereof in writing.
7(c) Whenever a licensee acquires a business address different
8from the address shown on his license he shall mark out the former
9address on the face of the license and type or write the new main
10office address in ink on the reverse side, and date and initial same.
11(d) Whenever a real estate salesman enters
the employ of a new
12real estate broker he shall mark out the name of his former broker
13on the face of the license and type or write the name of the new
14employing broker in ink on the reverse side, and date and initial
15same.
16
(e) This section shall remain in effect only until January 1, 2018,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 10161.8 is added to the end insertbegin insertBusiness and
20Professions Codeend insertbegin insert, to read:end insert
(a) Whenever a real estate salesperson or broker
22acting as a salesperson enters the employ of a real estate broker,
23the responsible broker shall immediately notify the commissioner
24thereof in writing.
25
(b) Whenever employment of a real estate salesperson or broker
26acting as a salesperson is terminated, the responsible broker shall
27immediately notify the commissioner of that termination in writing.
28
(c) Whenever a licensee acquires a business address different
29from the address shown on his or her license the licensee shall
30mark out the former address on the face of the license and type or
31write the new main office address in ink on the reverse side, and
32date
and initial the same.
33
(d) Whenever a real estate salesperson enters the employ of a
34new real estate broker the salesperson shall mark out the name of
35his or her former broker on the face of the license and type or
36write the name of the new employing broker in ink on the reverse
37side, and date and initial the same.
38
(e) This section shall become operative January 1, 2018.
Sections 1.5 and 2.5 of this bill incorporate changes
40to Section 10083.2 of the Business and Professions Code proposed
P9 1by both this bill and Assembly Bill 1807. Those sections shall
2become operative only if (1) both bills are enacted and become
3effective on or before January 1, 2017, (2) each bill amends Section
410083.2 of the Business and Professions Code, and (3) this bill is
5enacted after Assembly Bill 1807, in which case Sections 1 and 2
6of this bill shall not become operative.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B
of the California
16Constitution.
O
97