California 2009-2010 Regular Session Status: To Executive

SB 237 — Real estate appraisers.

Last action — Chaptered by Secretary of State. Chapter 173, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Real Estate Appraisers' Licensing and Certification Law, provides for the licensure and regulation of real estate appraisers and vests the duty of enforcing and administering that law in the Office of Real Estate Appraisers. Fees and assessments collected under these provisions are deposited into the Real Estate Appraisers Regulation Fund, and 5% of the amount of any license or certificate fee collected is credited to the Recovery Account in that fund, which account is continuously appropriated. Existing law subjects applicants for real estate appraisers licenses to fingerprinting and criminal background checks. This bill would require appraisal management companies, as defined, to register with the Office of Real Estate Appraisers, and would subject those entities to the provisions of the Real Estate Appraisers' Licensing and Certification Law. The bill would require the office to adopt regulations governing the implementation of the registration process, with specified minimum requirements, and establish the fees to be imposed for registration in an amount sufficient to cover the costs incurred by the office in administering the registration. Because 5% of those fees would be credited to the Recovery Account, a continuously appropriated fund, the bill would make an appropriation. The bill would also require fingerprinting and background checks by the Department of Justice of each controlling person of an applicant for registration, as defined, and would require the department to charge all applicants for licensure or registration specified fees for those services. The bill would also set forth standards with which an appraisal management company would need to comply, and would provide to the office specified investigative and enforcement authority, including the authority to issue citations or administrative penalties for a violation thereof, to be deposited into the Real Estate Appraisers Regulation Fund. The bill would make conforming changes within other provisions of the Real Estate Appraisers' Licensing and Certification Law to incorporate the changes made by the bill. This bill would make any provision under the Real Estate Appraisers' Licensing and Certification Law that relates to appraisal management companies inoperative 60 days after the effective date of any federal law that mandates the registration or licensing of appraisal management companies with an entity other than the state regulatory authority with jurisdiction over appraisers. Existing law prohibits a person with an interest in a real estate transaction involving an appraisal to improperly influence or attempt to improperly influence, through coercion, extortion, or bribery, the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan, and specifies that a violation of this provision by a person licensed under a state licensing law also constitutes a violation of that law. This bill would enumerate specified prohibited acts under that provision, including, but not limited to, withholding or threatening to withhold timely payment for an appraisal, or requesting the payment of compensation to achieve higher priority in the assignment of appraisal business.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 173, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Ordered held in Engrossing and Enrolling.

  5. Returned by the Governor at the request of the Senate.

  6. Enrolled. To Governor at 4:30 p.m.

  7. Senate concurs in Assembly amendments. (Ayes 34. Noes 3. Page 1976.) To enrollment.

  8. In Senate. To unfinished business.

  9. Read third time. Passed. (Ayes 63. Noes 9. Page 2667.) To Senate.

  10. Read third time. Amended. (Page 2610.) To third reading.

  11. Read second time. To third reading.

  12. (Heard in committee on July 8.)

  13. From committee: Do pass. (Ayes 13. Noes 0.)

  14. Read second time. Amended. Re-referred to Com. on APPR.

  15. (Heard in committee on June 16.)

  16. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 0.)

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  18. To Com. on B. & P.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 35. Noes 0. Page 794.) To Assembly.

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 8. Noes 0. Page 655.)

  23. Set for hearing April 27.

  24. Hearing postponed by committee.

  25. Set for hearing April 20.

  26. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 8. Noes 1. Page 806.) Re-referred to Com. on APPR.

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  28. Set for hearing April 13.

  29. To Com. on B., P. & E.D.

  30. From print. May be acted upon on or after March 27.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 35 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33302
Democratic 1001
Republican 1000
Total 35303
% of votes cast 85%7%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Alquist — Yea
Harman — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Nay
Kehoe — Yea
Cedillo — Not Voting
Liu — Yea
McLeod — Yea
Cogdill — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Benoit — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Aanestad — Yea
Ashburn — Yea
Huff — Yea
Leno — Yea
Maldonado — Yea
Steinberg — Yea
Wolk — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Passed 74 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 69907
Republican 3000
Total 74908
% of votes cast 81%10%0%9%
How each member voted (91)
Member Party Vote
Carter — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Ammiano — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Cook — Not Voting
DeVore — Nay
Eng — Yea
Feuer — Yea
Charles — Not Voting
Fuentes — Yea
Furutani — Yea
Galgiani — Not Voting
Garrick — Nay
Hagman — Nay
Hall — Yea
Bass — Yea
Blakeslee — Not Voting
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Not Voting
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Not Voting
Conway — Nay
Leon — Yea
Emmerson — Yea
Evans — Yea
Duvall — Not Voting
Fuller — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16003
Democratic 1000
Republican 0001
Total 17004
% of votes cast 81%0%0%19%
How each member voted (21)
Member Party Vote
Duvall — Yea
Charles — Yea
De — Yea
Leon — Yea
Hall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Not Voting
Harkey — Yea
Miller — Not Voting
Solorio — Not Voting
Torlakson — Yea
Ammiano — Yea
Nielsen — Yea
Skinner — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 0001
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Eng — Yea
Conway — Yea
Hayashi — Yea
Hernandez — Yea
John — Yea
A. — Yea
Perez — Yea
Nava — Yea
Smyth — Yea
Hill — Yea
Ruskin — Yea
Emmerson — Not Voting
Niello, Roger W. Republican Not Voting

Official roll call →

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 3000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Wyland — Yea
Corbett — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Negrete — Yea
Dutton — Yea
Alquist — Yea
Benoit — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Runner — Not Voting
Aanestad — Not Voting
Ashburn — Yea
Hollingsworth — Yea
Maldonado — Yea
Steinberg — Yea
Wolk — Yea
Cedillo — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 8005
Total 8005
% of votes cast 62%0%0%38%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Corbett — Not Voting
Kehoe — Yea
Runner — Not Voting
Oropeza — Yea
Walters — Yea
Leno — Yea
Wolk — Yea
Wyland — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Wyland — Yea
Negrete — Yea
Florez — Yea
Correa — Not Voting
McLeod — Yea
Oropeza — Yea
Aanestad — Nay
Romero — Yea
Walters — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 237 do?
Existing law, the Real Estate Appraisers' Licensing and Certification Law, provides for the licensure and regulation of real estate appraisers and vests the duty of enforcing and administering that law in the Office of Real Estate Appraisers. Fees and assessments collected under these provisions are deposited into the Real Estate Appraisers Regulation Fund, and 5% of the amount of any license or certificate fee collected is credited to the Recovery Account in that fund, which account is continuously appropriated. Existing law subjects applicants for real estate appraisers licenses to fingerprinting and criminal background checks. This bill would require appraisal management companies, as defined, to register with the Office of Real Estate Appraisers, and would subject those entities to the provisions of the Real Estate Appraisers' Licensing and Certification Law. The bill would require the office to adopt regulations governing the implementation of the registration process, with specified minimum requirements, and establish the fees to be imposed for registration in an amount sufficient to cover the costs incurred by the office in administering the registration. Because 5% of those fees would be credited to the Recovery Account, a continuously appropriated fund, the bill would make an appropriation. The bill would also require fingerprinting and background checks by the Department of Justice of each controlling person of an applicant for registration, as defined, and would require the department to charge all applicants for licensure or registration specified fees for those services. The bill would also set forth standards with which an appraisal management company would need to comply, and would provide to the office specified investigative and enforcement authority, including the authority to issue citations or administrative penalties for a violation thereof, to be deposited into the Real Estate Appraisers Regulation Fund. The bill would make conforming changes within other provisions of the Real Estate Appraisers' Licensing and Certification Law to incorporate the changes made by the bill. This bill would make any provision under the Real Estate Appraisers' Licensing and Certification Law that relates to appraisal management companies inoperative 60 days after the effective date of any federal law that mandates the registration or licensing of appraisal management companies with an entity other than the state regulatory authority with jurisdiction over appraisers. Existing law prohibits a person with an interest in a real estate transaction involving an appraisal to improperly influence or attempt to improperly influence, through coercion, extortion, or bribery, the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan, and specifies that a violation of this provision by a person licensed under a state licensing law also constitutes a violation of that law. This bill would enumerate specified prohibited acts under that provision, including, but not limited to, withholding or threatening to withhold timely payment for an appraisal, or requesting the payment of compensation to achieve higher priority in the assignment of appraisal business.
Who sponsors SB 237?
SB 237 is sponsored by Calderon.
What is the current status of SB 237?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 237?
Track SB 237 free on One Click Politics — get push/email alerts when it moves.

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