Bill Text: CA AB1807 | 2015-2016 | Regular Session | Chaptered
Bill Title: Real estate licensees.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 558, Statutes of 2016. [AB1807 Detail]
Download: California-2015-AB1807-Chaptered.html
BILL NUMBER: AB 1807 CHAPTERED
BILL TEXT
CHAPTER 558
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN SENATE JUNE 20, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
INTRODUCED BY Assembly Member Bonta
FEBRUARY 8, 2016
An act to amend Section 10083.2 of the Business and Professions
Code, relating to real estate licensees, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1807, Bonta. 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. Fees charged and
collected under the Real Estate Law, except as otherwise provided,
are deposited into the Real Estate Fund and continuously appropriated
for use by the commissioner, as specified. Existing law requires the
commissioner to provide on the Internet specific information
regarding the status of every license issued by the department.
This bill would authorize the commissioner, upon petition by a
licensee accompanied by a specified fee, to remove from the posting
of discipline an item that has been posted on the bureau's Internet
Web site for at least 10 years and for which the licensee provides
evidence of rehabilitation indicating that the notice is no longer
required to prevent a credible risk to members of the public
utilizing licensed activity of the licensee. The bill would require
the commissioner, in evaluating a petition, to take into
consideration other violations that present a credible risk to the
members of the public since the posting of discipline requested for
removal, as specified. Because the fees collected pursuant to these
provisions would be deposited in the Real Estate Fund, which is
continuously appropriated, the bill would make an appropriation. The
bill would also authorize the bureau to 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. The bill would require
the petition process to commence January 1, 2018. The bill would
require the bureau to maintain a list of all licensees whose
disciplinary records are altered as a result of the petition process
and to update the list and make it available to other licensing
bodies, as specified.
This bill would incorporate additional changes in Section 10083.2
of the Business and Professions Code proposed by AB 2330, that would
become operative only if AB 2330 and this bill are both chaptered and
become effective on or before January 1, 2017, and this bill is
chaptered last.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) It is appropriate for the Bureau of Real Estate to continue to
report on its license verification Internet Web page when discipline
has been imposed upon a licensee.
(b) It is appropriate for the Bureau of Real Estate to consider
and grant on a case-by-case basis a licensee's petition to
discontinue the reporting of past disciplinary actions when the
petitioning licensee has demonstrated to the satisfaction of the Real
Estate Commissioner that the continued reporting is no longer
required in order to avoid or reduce such a risk to the public.
(c) The Bureau of Real Estate may require a petitioner to pay in
advance of consideration a fee to defray costs associated with
consideration of the petition.
(d) Nothing in this act shall be construed to authorize or require
the destruction of public records maintained pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), or to refuse
a request for production of such a record.
(e) The Legislature intends by this act to establish a process by
which a licensee may petition the Bureau of Real Estate to remove a
notice of past discipline from the license verification Internet Web
page of the bureau.
SEC. 2. 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).
SEC. 2.5. Section 10083.2 of the Business and Professions Code is
amended 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 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 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 commissioner 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 2.5 of this bill incorporates changes to Section
10083.2 of the Business and Professions Code proposed by both this
bill and Assembly Bill 2330. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2017, (2) this bill amends Section 10083.2 of the Business and
Professions Code and Assembly Bill 2330 amends, repeals, and adds the
section but Section 10083.2 of the Business and Professions Code, as
added by Assembly Bill 2330 does not become operative until January
1, 2018, and (3) this bill is enacted after Assembly Bill 2330, in
which case Section 10083.2 of the Business and Professions Code, as
amended by Section 2 of this bill, shall remain operative only until
January 1, 2018, at which time Section 2.5 of this bill shall become
operative.
