Bill Text: CA AB1381 | 2015-2016 | Regular Session | Chaptered
Bill Title: Professions and vocations: real estate appraisers: real estate brokers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 854, Statutes of 2016. [AB1381 Detail]
Download: California-2015-AB1381-Chaptered.html
BILL NUMBER: AB 1381 CHAPTERED
BILL TEXT
CHAPTER 854
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 26, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 11, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN ASSEMBLY JANUARY 25, 2016
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 27, 2015
An act to amend Section 11317.2 of, and to add Section 10133.45
to, the Business and Professions Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1381, Weber. Professions and vocations: real estate appraisers:
real estate brokers.
Existing law provides for the licensure and regulation of real
estate brokers and defines "real estate broker" for its purposes to
include a person who, among other things, (1) sells or offers to
sell, buys or offers to buy, solicits prospective sellers or
purchasers of, solicits or obtains listings of, or negotiates the
purchase, sale or exchange of real property or a business
opportunity, or (2) leases or rents or offers to lease or rent, or
places for rent, or solicits listings of places for rent, or solicits
for prospective tenants, or negotiates the sale, purchase, or
exchanges of leases on real property, or on a business opportunity,
or collects rents from real property, or improvements thereon, or
from business opportunities.
This bill would provide that a person acting in the capacity of an
outdoor advertising representative, as defined, in connection with a
specified transaction is not a real estate broker.
Existing law, the Real Estate Appraisers' Licensing and
Certification Law, provides for the licensure and regulation of
persons who engage in specified real estate appraisal activity by the
Chief of the Bureau of Real Estate Appraisers.
Existing law prohibits a person from engaging in real estate
appraisal activity without obtaining a license issued by the Bureau
of Real Estate Appraisers (formerly the Office of Real Estate
Appraisers). Existing law requires a licensee to complete specified
continuing education requirements in order to renew a license.
Existing law requires the bureau to provide on the Internet
information regarding, among other things, the status of every
license and registration issued by the bureau.
This bill would additionally require the bureau to provide, on the
Internet, the continuing education course information provided by a
licensee when an individual applies for licensure renewal. The bill
would also make various nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10133.45 is added to the Business and
Professions Code, to read:
10133.45. (a) Subdivisions (a) and (b) of Section 10131 do not
apply to persons acting in the capacity of an outdoor advertising
representative in connection with a transaction described in
subdivision (c).
(b) For purposes of this section, "outdoor advertising
representative" means an employee of a corporation or a limited
liability company or a general partner of a partnership that holds a
license issued by the Department of Transportation to engage in the
business of outdoor advertising, arranging for the lease or transfer
of real property by his or her employer or an interest in real
property solely for the placement of, access to, or operation of, an
advertising display and appurtenances thereto, as defined in Section
5202.
(c) In every transaction involving the transfer, lease, or use of
real property for the operation of an advertising display negotiated
by an outdoor advertising representative, the owner or operator of
the advertising display shall maintain liability insurance coverage
for death, bodily injury, and property damage arising out of, or in
connection with, its acts, omissions, or operations on the real
property. The amount of the insurance coverage shall not be less than
five hundred thousand dollars ($500,000) per person or one million
dollars ($1,000,000) per occurrence for personal injury and five
hundred thousand dollars ($500,000) for property damage. It must be
issued by an insurance carrier authorized to sell such insurance in
California.
SEC. 2. Section 11317.2 of the Business and Professions Code is
amended to read:
11317.2. (a) (1) In addition to publishing the summary required
by Section 11317, the bureau shall provide on the Internet
information regarding the status of every license and registration
issued by the bureau 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). The public information to be
provided on the Internet shall include information on suspensions and
revocations of licenses and registrations issued by the bureau 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, registration, or regulation by the bureau. The
information shall not include personal information, including home
telephone number, date of birth, or social security number. The
bureau shall disclose a licensee's or registrant's address of record.
However, the bureau shall allow a licensee or registrant 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 bureau from also requiring a licensee or registrant 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 bureau's internal
administrative use and not for disclosure as the licensee's or
registrant's address of record or disclosure on the Internet.
(2) In addition to the information required by subdivision (a),
the bureau shall provide, on the Internet, the continuing education
course information provided by a licensee when an individual applies
for licensure renewal.
(b) The bureau shall not provide on the Internet identifying
information with respect to private reprovals or letters of warning,
which shall remain confidential.
(c) For purposes of this section, "Internet" has the meaning set
forth in paragraph (6) of subdivision (f) of Section 17538.
