SACRAMENTO, CA – Two bills carried by Assemblymember Jim Frazier, D-Oakley, were signed into
law by Gov. Jerry Brown on Monday.
Assembly Bill 345 addresses one of the most common violations of California’s Real Estate Law – failure to supervise – by requiring real estate brokers to complete a three-hour management course as part of the 45 hours of continuing education they must undergo to renew their licenses every four years. The bill, which had bipartisan support in the Assembly and state Senate, was backed by the California Association of Realtors.
“I’m pleased that the state and the business community can partner and take a pro-active approach on this matter,” Frazier said. “By ensuring that real estate brokers have an understanding of their role as supervisors, we hope to see a drop in the number of ‘failure to supervise’ cases.”
The governor also signed AB 638, which expands the law regarding the need for children under age 13 to wear lifejackets on boats. Previously, children were required to wear personal floatation devices only when they were riding outside of an enclosed cabin on vessels shorter than 26 feet in length. Newer boats, particularly speedboats, may be longer than that. AB 638 removes the length requirement and expands the
definition of “enclosed cabin” to reflect modern construction.
Frazier worked with the California State Sheriffs Association to clarify the law. AB 638 also received
bipartisan support in the Legislature.
To contact Assemblymember Jim Frazier please visit his website at http://www.asmdc.org/members/a11/ or
call his District Offices at 707-399-3011 or (925) 513-0411. Follow Assemblymember Jim Frazier on
Facebook and “Like” him for updates on events and happenings in the 11th AD.
Here is a look at AB 635
AB 345, Frazier. Real estate licensees: continuing education requirements.
The Real Estate Law provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner. The law requires a salesperson to be supervised by a responsible broker, as defined, and allows an employing broker or corporate designated broker officer to appoint a licensee as a manager of a branch office or division of a real estate business if specified requirements are met. The law requires a licensee to successfully complete 45 hours of continuing education as a prerequisite to license renewal, as specified.
This bill would require a broker, as part of the broker’s 45 hours of continuing education, to successfully complete a 3-hour course in the management of offices and supervision of licensed activities, as specified.
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 10170.5 of the Business and Professions Code is amended to read:
10170.5.
(a) Except as otherwise provided in Sections 10153.4 and 10170.8, no real estate license shall be renewed unless the commissioner finds that the applicant for license renewal has, during the four-year period preceding the renewal application, successfully completed the 45 clock hours of education provided for in Section 10170.4, including all of the following:
(1) A three-hour course in ethics, professional conduct, and legal aspects of real estate, which shall include, but not be limited to, relevant legislation, regulations, articles, reports, studies, court decisions, treatises, and information of current interest.
(2) A three-hour course in agency relationships and duties in a real estate brokerage practice, including instruction in the disclosures to be made and the confidences to be kept in the various agency relationships between licensees and the parties to real estate transactions.
(3) A three-hour course in trust fund accounting and handling.
(4) A three-hour course in fair housing.
(5) A three-hour course in risk management that shall include, but need not be limited to, principles, practices, and procedures calculated to avoid errors and omissions in the practice of real estate licensed activities.
(6) In addition to paragraphs (1) to (5), inclusive, a broker shall complete a three-hour course in the management of real estate offices and supervision of real estate licensed activities that shall include, but need not be limited to, the requirements described in subdivision (a) of Section 10159.7 and Section 10164.
(7) Not less than 18 clock hours of courses or programs related to consumer protection, and designated by the commissioner as satisfying this purpose in his or her approval of the offering of these courses or programs, which shall include, but not be limited to, forms of real estate financing relevant to serving consumers in the marketplace, land use regulation and control, pertinent consumer disclosures, agency relationships, capital formation for real estate development, fair practices in real estate, appraisal and valuation techniques, landlord-tenant relationships, energy conservation, environmental regulation and consideration, taxation as it relates to consumer decisions in real estate transactions, probate and similar disposition of real property, governmental programs such as revenue bond activities, redevelopment, and related programs, business opportunities, mineral, oil, and gas conveyancing, and California law that relates to managing community associations that own, operate, and maintain property within common interest developments, including, but not limited to, management, maintenance, and financial matters addressed in the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(8) Other courses and programs that will enable a licensee to achieve a high level of competence in serving the objectives of consumers who may engage the services of licensees to secure the transfer, financing, or similar objectives with respect to real property, including organizational and management techniques, including relevant information to assist a salesperson or broker in understanding how to be effectively supervised by a responsible broker or branch manager, that will significantly contribute to this goal.
(b) Except as otherwise provided in Section 10170.8, no real estate license shall be renewed for a licensee who already has renewed under subdivision (a), unless the commissioner finds that the applicant for license renewal has, during the four-year period preceding the renewal application, successfully completed the 45 clock hours of education provided for in Section 10170.4, including an eight-hour update survey course that covers the subject areas specified in paragraphs (1) to (6), inclusive, of subdivision (a).
(c) Any denial of a license pursuant to this section shall be subject to Section 10100.
(d) For purposes of this section, “successful completion” of a course described in paragraphs (1) to (6), inclusive, of subdivision (a) means the passing of a final examination.
Here is a look at AB 638
LEGISLATIVE COUNSEL’S DIGEST
AB 638, Frazier. Vessels: personal flotation devices.
Existing law regulates the safe operation of various types of vessels navigating the state’s ports and harbors. Existing law prohibits a person from operating a motorboat, sailboat, or vessel that is 26 feet or less in length unless every person on board who is under 13 years of age is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as defined, except, among other circumstances, if the person under 13 years of age is in an enclosed cabin. Existing law, for purposes of those provisions, defines “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads and covered by a roof.
This bill would make that prohibition applicable to a person operating a motorboat, sailboat, or vessel of any length, but would exempt from that prohibition a person operating a passenger vessel or small passenger vessel, as defined. The bill would revise the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.
Digest Key
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 658.3 of the Harbors and Navigation Code is amended to read:
658.3.
(a) A person shall not operate a motorboat, sailboat, or vessel, unless every person who is on board and who is under 13 years of age is wearing a United States Coast Guard-approved wearable personal flotation device that is used in accordance with approval labels and manufacturer’s instructions while that motorboat, sailboat, or vessel is underway.
(b) Subdivision (a) does not apply to a person operating a sailboat on which a person who is under 13 years of age is restrained by a harness tethered to the vessel, or to a person operating a vessel on which a person who is under 13 years of age is in an enclosed cabin.
(c) A person on board a personal watercraft or a person being towed behind a vessel on water skis, an aquaplane, or similar device, except for an underwater maneuvering device intended for use by a submerged swimmer, shall wear a United States Coast Guard-approved wearable personal flotation device that is used in accordance with approval labels and manufacturer’s instructions. An underwater maneuvering device is a towed or self-powered apparatus that a person can pilot through diving, turning, and surfacing maneuvers that is designed for underwater use.
(1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.
(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph.
(d) The requirements set forth in subdivisions (a) and (c) do not apply to a person 13 years of age or older operating a motorboat, sailboat, or vessel if the vessel is engaged in an emergency rescue situation.
(e) Subdivision (a) does not apply to a person operating a “passenger vessel,” as defined in Section 2101(22) of Title 46 of the United States Code or a “small passenger vessel,” as defined in Section 2101(35) of Title 46 of the United States Code.
(f) The following definitions govern the construction of this section:
(1) “Enclosed cabin” means a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.
(2) “Operate a motorboat, sailboat, or vessel” means to be in control or in charge of a motorboat, sailboat, or vessel while it is underway.
(3) “Underway” means all times except when the motorboat, sailboat, or vessel is anchored, moored, or aground.
(g) A violation of this section is an infraction punishable as provided in subdivision (a) of Section 668.
