BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2330


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          ASSEMBLY THIRD READING


          AB  
          2330 (Ridley-Thomas)


          As Introduced  February 18, 2016


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |16-0 |Salas, Brough, Baker, |                    |
          |Professions     |     |Bloom, Campos,        |                    |
          |                |     |Chávez, Dahle, Dodd,  |                    |
          |                |     |Eggman, Gatto, Gomez, |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Mullin, Ting, Wood    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                    AB 2330


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          SUMMARY:  Requires the Real Estate Commissioner (Commissioner)  
          to disclose on the Bureau of Real Estate's (BRE) Web site for  
          every licensee, whether that licensee is an associate licensee,  
          and further requires the Commissioner to identify, if the  
          associate licensee is also a broker, every responsible broker  
          with whom the associate licensee is contractually associated.   
          Specifically, this bill:
          1)Requires the Commissioner to disclose on the BRE's website for  
            every licensee, whether that licensee is an associate  
            licensee.
          2)Requires the Commissioner to identify on its website, if the  
            associate licensee is also a broker, every responsible broker  
            with whom the associate licensee is contractually associated.


          FISCAL EFFECT:  According to the Assembly Committee on  
          Appropriations, total cost of $153,000 (special funds) in fiscal  
          year (FY) 2016/17, and $137,000 (special funds) in FY 2017/18  
          and ongoing for 2.0 Program Technician II positions to handle  
          the associated workload required to implement the bill, plus  
          additional costs of $65,000, likely absorbable, for necessary  
          changes to the Bureau's information technology (IT) systems.   
          The Bureau does not currently collect information related to the  
          contractual relationship(s) between brokers and would therefore  
          require that information to be provided by their licensees.   
          These costs, which are fee supported, assume the same type of  
          processing currently used by Bureau to collect and disclose  
          similar information for salespersons will be required to  
          implement the provisions of this bill.


          COMMENTS:


          Purpose.  This bill is sponsored by the California Association  
          of Realtors.  According to the author, "This bill will close an  








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          important deficiency in existing law by identifying who a real  
          estate broker is working for when that broker is not acting  
          under his or her own license.  Existing provisions, such as the  
          Homeowner's Bill of Rights, already require transparency in  
          other areas of real estate transactions.  AB 2330 makes sure  
          that consumers always have access to information that affects  
          one of the biggest purchases of their lifetime."


          Brokers and Salespersons.  To obtain a broker's license,  
          applicants are required to submit evidence of at least two years  
          of experience as a real estate salesperson, in addition to  
          elevated education requirements and passage of a written  
          examination.  In order to obtain a real estate broker license,  
          an individual, in most cases, must have held a real estate  
          salesperson's license for at least two years during which time  
          he or she must have been actively engaged in real estate, meet  
          certain real estate education requirements in addition to  
          passing an examination.  Broker and salesperson licenses are  
          issued for a four-year period.  In general, both types of  
          licenses may be renewed by submitting the appropriate fee and  
          application, and evidence of completion of 45 hours of  
          BRE-approved continuing education courses.  These courses  
          include 15 hours of required courses in ethics, agency  
          relationships, trust fund handling, fair housing, and risk  
          management, and at least 18 hours in courses dedicated to  
          consumer protection.  The remaining courses, up to 12 hours of  
          electives, may be related either to consumer protection or  
          consumer services that will enable the licensee to achieve a  
          high level of competence in serving the objectives of consumers  
          who may engage the services of licensees to secure the transfer,  
          financing, or similar objectives with respect to real property,  
          including organizational and management techniques.


          Unlike salespersons, licensed brokers are not required to  
          operate under the supervision of another broker.  Brokers are  
          authorized to be the direct fiduciary representative of their  
          clients on matters pertaining to the sale of real property.   








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          Brokers are also free to form contractual associations and  
          partnerships that are largely governed under the civil code.   
          Salespersons are required to report to the BRE within five days  
          of changing supervising brokers, and the BRE discloses this  
          information online.  However, there is no similar requirement to  
          collect and disclose this information for brokers who are acting  
          as a contractual agent of another broker.


          Associate Licensees.  An associate licensee is defined in the  
          civil code as a licensee who is acting as an agent of a broker  
          in connection with real property transactions.  A broker can  
          also act as an associate licensee, but the BRE's Web site does  
          not distinguish between brokers working independently and  
          brokers voluntarily operating under the supervision of another  
          broker.  The author writes that without this legislation, a  
          member of the public would not know if, or whom, a licensed real  
          estate professional is supervised by, in case of a complaint.   
          The BRE has not reported complaints regarding this issue, but  
          the author proposes that more transparency regarding employment  
          structure is beneficial to the consumer.




          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:  
          0003174



















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