Bill Text: CA AB2330 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Real estate licensees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-25 - Chaptered by Secretary of State - Chapter 614, Statutes of 2016. [AB2330 Detail]
Download: California-2015-AB2330-Amended.html
Bill Title: Real estate licensees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-25 - Chaptered by Secretary of State - Chapter 614, Statutes of 2016. [AB2330 Detail]
Download: California-2015-AB2330-Amended.html
BILL NUMBER: AB 2330 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 14, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 18, 2016
An act to amend amend, repeal, and add
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 would, beginning January
1, 2018, 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.
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: 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) 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). 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. The 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.
(b) For purposes of this section, "Internet" has the meaning set
forth in paragraph (6) of subdivision (f) of Section 17538.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 1.5. Section 10083.2 of the
Business and Professions Code is amended to read:
10083.2. (a) 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). 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. The 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.
(b) For purposes of this section, "Internet" has the meaning set
forth in paragraph (6) of subdivision (f) of Section 17538.
(c) Upon petition by a licensee accompanied by a fee sufficient to
defray costs associated with consideration of a petition, the
commissioner may remove from the posting of discipline described in
subdivision (a) an item that has been posted on the bureau's Internet
Web site for no less than 10 years and for which the licensee
provides evidence of rehabilitation indicating that the notice is no
longer required in order to prevent a credible risk to members of the
public utilizing licensed activity of the licensee. In evaluating a
petition, the Commissioner shall take into consideration other
violations that present a credible risk to the members of the public
since the posting of discipline requested for removal.
(d) The bureau may develop, through regulations, the amount of the
fee and the minimum information to be included in a licensee's
petition, including, but not limited to, a written justification and
evidence of rehabilitation pursuant to Section 482.
(e) "Posted" for purposes of this section is defined as the date
of disciplinary action taken by the bureau.
(f) The petition process described by subdivisions (c) and (d)
shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose
disciplinary records are altered as a result of a petition approved
under subdivision (c). The bureau shall make the list accessible to
other licensing bodies. The bureau shall update and provide the list
to other licensing bodies as often as it modifies the records
displayed on its Internet Web site in response to petitions approved
under subdivision (c).
(h) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 10083.2 is added to the
Business and Professions Code , 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.
(c) This section shall become operative January 1, 2018.
SEC. 2. Section 10161.8 of the Business and
Professions Code is amended to read:
10161.8. (a) Whenever a real estate 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 salesperson or broker
acting as a salesperson is terminated, the responsible broker shall
immediately notify the commissioner of that termination in writing.
(c) Whenever a licensee acquires a business address different from
the address shown on his or her license 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 salesperson enters the employ of a new
real estate broker 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. 2.5. Section 10083.2 is added to the Business and
Professions Code, 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.
(c) Upon petition by a licensee accompanied by a fee sufficient to
defray costs associated with consideration of a petition, as
described in Section 10223, the commissioner may remove from the
posting of discipline described in subdivision (a) an item that has
been posted on the bureau's Internet Web site for no less than 10
years and for which the licensee provides evidence of rehabilitation
indicating that the notice is no longer required in order to prevent
a credible risk to members of the public utilizing licensed activity
of the licensee. In evaluating a petition, the commissioner shall
take into consideration other violations that present a credible risk
to the members of the public since the posting of discipline
requested for removal.
(d) The bureau may develop, through regulations, the amount of the
fee and the minimum information to be included in a licensee's
petition, including, but not limited to, a written justification and
evidence of rehabilitation pursuant to Section 482.
(e) "Posted" for purposes of this section is defined as the date
of disciplinary action taken by the bureau.
(f) The petition process described in subdivisions (c) and (d)
shall commence January 1, 2018.
(g) The bureau shall maintain a list of all licensees whose
disciplinary records are altered as a result of a petition approved
under subdivision (c). The bureau shall make the list accessible to
other licensing bodies. The bureau shall update and provide the list
to other licensing bodies as often as it modifies the records
displayed on its Internet Web site in response to petitions approved
under subdivision (c).
(h) This section shall become operative January 1, 2018.
SEC. 3. Section 10161.8 of the Business
and Professions Code is amended to read:
10161.8. (a) Whenever a real estate salesman enters the employ of
a real estate broker, the broker shall immediately notify the
commissioner thereof in writing.
(b) Whenever employment of a real estate salesman is terminated,
the broker shall immediately notify the commissioner thereof in
writing.
(c) Whenever a licensee acquires a business address different from
the address shown on his license he 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 same.
(d) Whenever a real estate salesman enters the employ of a new
real estate broker he shall mark out the name of his 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
same.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. Section 10161.8 is added to the
Business and Professions Code , to read:
10161.8. (a) Whenever a real estate 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 salesperson or broker
acting as a salesperson is terminated, the responsible broker shall
immediately notify the commissioner of that termination in writing.
(c) Whenever a licensee acquires a business address different from
the address shown on his or her license 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 salesperson enters the employ of a new
real estate broker 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.
(e) This section shall become operative January 1, 2018.
SEC. 5. Sections 1.5 and 2.5 of this bill
incorporate changes to Section 10083.2 of the Business and
Professions Code proposed by both this bill and Assembly Bill 1807.
Those sections shall become operative only if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 10083.2 of the Business and Professions Code, and
(3) this bill is enacted after Assembly Bill 1807, in which case
Sections 1 and 2 of this bill shall not become operative.
SEC. 3. SEC. 6. 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.
