BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 146          Hearing Date:    April 6,  
          2015
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          |Author:   |Galgiani                                              |
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          |Version:  |March 23, 2015                                        |
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          |Urgency:  |Yes                    |Fiscal:    |No               |
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          |Consultant|Janelle Miyashiro                                     |
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            Subject:  Real estate licensees:  fictitious business names:   
                                     team names.


          SUMMARY:  Exempts "team names" of realtors from the requirement of  
          filing a fictitious business name (FBN) with their local county  
          when providing real estate services.  

          Existing law:
          
          1) Defines a "fictitious business name" as a professional  
             identity or brand name under which activity requiring a real  
             estate license is conducted.  (BPC §10159.7a(2))

          2) Defines a "team name" as a professional identity or brand  
             name used by a salesperson, and one or more other real estate  
             licensees.  A team name does not constitute a fictitious  
             business name.  The team name is used by two or more real  
             estate licensees who work together to provide licensed real  
             estate services or who represent themselves to the public as  
             being a part of a team, group, or association to provide  
             those services.  The team name includes the surname of at  
             least one of the licensee members of the team, group, or  
             association along with the term "associates", "group", or  
             "team".  (BPC §10159.7a(5))

          3) Defines a "broker identity" as the name under which the  
             broker operates or conducts business and may include a sole  
             proprietorship or business entity name. (BPC §10159.7a(1))







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          4) Specifies that salespersons who desire to have their license  
             issued under a FBN file with his or her application a  
             certified copy of their fictitious business name with the  
             county clerk where the FBN will be used.  A salesperson must  
             also be authorized to use their fictitious business name by  
             his or her broker.  (BPC §10159.5)

          5) Specifies that to use a FBN, a person or entity must file a  
             FBN statement with the local county clerk as well as publish  
             the statement in a public newspaper in the same county. (BPC  
             §17900 and BPC §17917)

          6) Requires publication in a public newspaper of a FBN statement  
             once a week for four successive weeks. (Government Code  
             §6064)

          7) Specifies that advertising that contains a team name,  
             including print or electronic media and "for sale" signage,  
             must include the licensee's name and license number in all  
             advertising.  The responsible broker's identity must also be  
             displayed as prominently and conspicuously as the team name  
             in all advertising.  Advertising material with a team name  
             must not contain terms that imply the existence of a real  
             estate entity independent of the responsible broker.  (BPC  
             §10159.6)
          
          This bill:

          1) Clarifies that a team name is not a fictitious business name  
             for the purposes of any other law and would therefore not  
             require those operating under a team name to apply for an FBN  
             with the appropriate county where the FBN will be used for  
             real estate services.

          2) Clarifies what constitutes a broker identity for purposes of  
             advertising both FBNs and "team names". 

                  a)        The revised definition will require that all  
                    advertisements include a company or firm name in  
                    conjunction with the FBNs or "team name."

          3) Take effect immediately.









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          FISCAL  
          EFFECT:  None.  Legislative Counsel has keyed this bill as  
          "nonfiscal."

          
          COMMENTS:
          
             1.   Purpose.  This bill is sponsored by the  California  
               Association of Realtors  .  According to the Author, "SB 146  
               provides clean-up and clarifying changes and specifies that  
               "team names" not requiring a fictitious business name (FBN)  
               for purposes of the real estate law do not require the  
               filing of an FBN with their local county. This legislation  
               will make it clear that the law regarding "team names" is  
               applied consistently at all levels of government and will  
               ensure that these names do not constitute an FBN, and thus  
               do not require registration with the county."

             2.   Background.  The use of "team" names in advertisements  
               and marketing materials has become a popular and general  
               practice amongst real estate businesses. Throughout  
               California, "team" names (i.e. "The Smith Team") are often  
               included on for sale signs, billboards, business cards,  
               promotional flyers, emails, and brochures. 
          
          A fictitious business name is any name under which an individual  
          transacts business in this state, other than his or her legal  
          name.  The use of a fictitious business name requires filing a  
          fictitious business statement, "doing business as," with the  
          county clerk's office where the business is located.  The fee  
          for filing a fictitious business name statement is $10 for the  
          first fictitious business name and owner, and $2 for each  
          additional fictitious business name or owner filed on the same  
          statement.

          The California Bureau of Real Estate (BRE) announced in its  
          Spring 2013 Real Estate Bulletin, a stricter standard for what  
          constitutes a FBN.  The article suggested that salespersons only  
          be permitted to work under a "team name" if the names are  
          approved by the county as a bona fide FBN and approved by the  
          BRE.  The BRE article further pointed out that the BRE  
          regulations generally prohibit the approval of a FBN that  
          includes the name of a salesperson employed by a broker unless  








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          the employing broker's name is also included in the FBN.  

          This lack of clear regulation created confusion throughout the  
          real estate industry on what was and what was not a FBN.  In  
          2014, C.A.R. sponsored  AB 2018  to resolve this ambiguity by  
          statutorily defining that "team names" are not considered to be  
          "fictitious business names."  This would allow consumers to  
          identify and look up the licensees who actually make up the  
          team.  Consumers would be able to complain directly to the  
          broker in charge of the team, therefore holding licensees making  
          up the team more accountable to consumers.

          Although AB 2018 was signed and chaptered in 2014, the recent  
          changes made to the Business & Professions Code have not  
          addressed the problem of the requirements for teams to register  
          as fictitious business names.  FBN filing is through the county,  
          and is regulated through both the Business Professions Code and  
          Government Code.  Even after AB 2018 was chaptered, licensees  
          operating under a team name have still been required by the  
          county to file a FBN.

          This bill will make it clear that the law regarding "team names"  
          is consistent in both the Business & Professions Code and  
          Government Code.  The bill will further clarify that these names  
          do not constitute an FBN, and thus do not require registration  
          with the county.

             3.   Related Legislation.   AB 2018  (Bocanegra, Chapter 892,  
               Statutes of 2014) revises the requirements for the use of  
               "fictitious business names" by real estate licensees to  
               additionally authorize the use of "team names" subject to  
               specified requirements; specifies that the bill's  
               provisions shall not be construed to limit or change a real  
               estate broker's duties to supervise a salesperson.

             4.   Arguments in Support.  Writing in support of the bill,  
               the  California Association of Realtors  (CAR) states that  
               "team names" have already been statutorily exempted from  
               being defined as a fictitious business name.  The CAR  
               writes, "In its Spring 2013 Real Estate Bulletin, The  
               California Bureau of Real Estate (BRE)  announced a  
               stricter standard for what constituted a fictitious  
               business name (FBN).  A lack of clear regulation created  
               confusion throughout the real estate industry on what was  








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               and what was not a FBN."  The BRE article suggests that  
               salespersons are only permitted to work under "team names"  
               if the names were bona fide fictitious names that are  
               registered by the employing broker with the county clerk  
               and approved by BRE.  

          CAR states that while the previously sponsored AB 2018 resolved  
          some ambiguity by statutorily defining how a salesperson with  
          their broker's permission can use a FBN, and that it is clear  
          that "team names" are not required to be registered with BRE,  
          real estate licensees are still being advised to continue to  
          register these "team names" with their county.  CAR asserts  
          that, "SB 146 will make it clear that the law regarding "team  
          names" is applied consistently at all levels of government and  
          will ensure that "team names" do not constitute an FBN, and thus  
          do not require registration with the county."

          SUPPORT AND OPPOSITION:
          
           Support:  

          California Association of Realtors (Sponsor)

           Opposition:  

          None on file as of 3/31/15.


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