California Assembly Bill AB1381 Amended / Bill

 BILL NUMBER: AB 1381AMENDED BILL TEXT 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  11340   11317.2  of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST AB 1381, as amended, Weber. Real estate appraisers. Existing  law   law, the Real Estate Appraisers' Licensing and Certification Law,  provides for the  licensure, certification,   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 requires the chief to adopt regulations governing the process and the procedure of applying for a license, including, but not limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation. Existing law requires, for purposes of the educational background requirements, the chief to grant credits for any courses taken on real estate appraisal ethics or practices, as specified.   This bill would also require, for purposes of the educational background requirements, the chief to require education in valuing sustainable real estate assets.   Existing law prohibits a person from engaging in real estate appraisal activity without obtaining a license issued by the Bureau of Real Estate (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, information regarding the continuing education courses taken by a licensee in order to renew a license to engage in real estate activity. The bill would also make various nonsubstantive changes.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   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  office   bureau  shall provide on the Internet information regarding the status of every license and registration issued by the  office   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  office   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  office   bureau  . The information shall not include personal information, including home telephone number, date of birth, or social security number. The  office   bureau  shall disclose a licensee's or registrant's address of record. However, the  office   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  office   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  office's   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, information regarding the continuing education courses taken by a licensee in order to renew a license to engage in real estate appraisal activity.  (b) The  office   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.  SECTION 1.   Section 11340 of the Business and Professions Code is amended to read: 11340. The director shall adopt regulations governing the process and the procedure of applying for a license which shall include, but not be limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation, if any. (a) For purposes of the educational background requirements established under this section, the director shall do both of the following: (1) Grant credits for any courses taken on real estate appraisal ethics or practices pursuant to Section 10153.2, or which are deemed by the director to meet standards established pursuant to this part and federal law. (2) (A) Require education in valuing sustainable real estate assets. (B) For purposes of this paragraph, "sustainable real estate assets" include, but are not limited to, solar and wind power generation installations and energy efficiency measures. (b) For the purpose of implementing and applying this section, the director shall prescribe by regulation "equivalent courses" and "equivalent experience." The experience of employees of an assessor's office or of the State Board of Equalization in setting forth opinions of value of real property for tax purposes shall be deemed equivalent to experience in federally related real estate appraisal activity. Notwithstanding any other law, a holder of a valid real estate broker license shall be deemed to have completed appraisal license application experience requirements upon proof that he or she has accumulated 1,000 hours of experience in the valuation of real property. (c) The director shall adopt regulations for licensure which shall meet, at a minimum, the requirements and standards established by the Appraisal Foundation and the federal financial institutions regulatory agencies acting pursuant to Section 1112 of the Financial Institutions Reform Recovery and Enforcement Act of 1989, Public Law 101-73 (FIRREA). The director shall, by regulation, require the application for a real estate appraiser license to include the applicant's social security number. (d) In evaluating the experience of any applicant for a license, regardless of the number of hours required of that applicant, the director shall apply the same standards to the experience of all applicants. (e) No license shall be issued to an applicant who is less than 18 years of age.