California 2009-2010 Regular Session Status: To Executive

SB 36 — Real estate, finance lender, and residential mortgage lender licenses: mortgage loan originators.

Last action — Chaptered by Secretary of State. Chapter 160, Statutes of 2009.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law, the Real Estate Law, governs the licensing and regulation of real estate licensees, as defined, as administered by the Real Estate Commissioner. Existing law imposes specified requirements on real estate brokers who solicit borrowers or lenders or negotiate loans or collect payments or perform services for borrowers or lenders relative to loans secured by real property. A willful violation of the Real Estate Law is a crime. This bill would require a real estate license endorsement from the commissioner in order to engage in the business of a mortgage loan originator, as defined. The bill would establish penalties if a real estate licensee fails to obtain a license endorsement before conducting business as a mortgage loan originator and would authorize the commissioner to suspend or revoke a real estate license for a failure to pay these penalties. The bill would require applicants for a license endorsement as a mortgage loan originator to furnish specified background information to the Nationwide Mortgage Licensing System and Registry. The bill would establish standards for issuance and renewal of a license endorsement to act as a mortgage loan originator, including satisfying specified educational requirements. The bill would require these real estate licensees to annually submit business activities reports, and other reports that may be required, to the commissioner. The bill would authorize the commissioner to examine the affairs of real estate brokers, including those that obtain license endorsement as a mortgage loan originator. The bill would require the commissioner to report violations of the provisions regulating real estate brokers and mortgage loan originators to the Nationwide Mortgage Licensing System and Registry. The bill would require recipients of a license endorsement as a mortgage loan originator to use or disclose a specified unique identifier provided by the Nationwide Mortgage Licensing System and Registry in advertisements and solicitations of the mortgage loan originator. The bill would enact other related provisions. (2) Existing law provides for the licensure and regulation of finance lenders and brokers and residential mortgage lenders and servicers by the Department of Corporations. A willful violation of the laws regulating these licensees is a crime. This bill would require the licensure and regulation of mortgage loan originators, as defined, under the California Finance Lenders Law and the California Residential Mortgage Lending Act. The bill would require mortgage loan originators to also be licensed and registered through the Nationwide Mortgage Licensing System and Registry. The bill would require applicants for licensure as a mortgage loan originator to furnish specified background information to the Nationwide Mortgage Licensing System and Registry and would require applicants for licensure or license renewal to satisfy certain requirements, including educational requirements. The bill would require finance lenders and brokers, and residential mortgage lenders and servicers, that employ a mortgage loan originator to maintain a minimum net worth of $250,000. The bill would authorize the commissioner to require finance lenders and brokers, and residential mortgage lenders and servicers, that employ a mortgage loan originator to submit reports of condition to the Nationwide Mortgage Licensing System and Registry. The bill would prescribe prohibited acts and authorize various types of disciplinary action to be taken against mortgage loan originators and require the commission to report violations of these provisions to the Nationwide Mortgage Licensing System and Registry. The bill would authorize the commissioner to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry, as specified, for the purposes of implementing these provisions of the bill. The bill would require a mortgage loan originator to use or disclose a specified unique identifier on all mortgage loan applications, solicitations, or advertisements. The bill would enact other related provisions. (3) This bill would provide that no person is required to have a mortgage loan originator license under the California Finance Lenders Law or the California Residential Mortgage Lending Act before July 1, 2010, nor a mortgage loan originator license endorsement under the Real Estate Law, as set forth in the bill, before December 1, 2010. (4) Because a willful violation of these provisions would be a crime, this bill would impose a state-mandated local program. 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 160, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 10:30 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 39. Noes 1. Page 2283.) To enrollment.

  5. Urgency clause adopted.

  6. In Senate. To unfinished business.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 72. Noes 3. Page 2935.) To Senate.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on August 27.)

  11. From committee: Do pass as amended. (Ayes 15. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on July 7.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.

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

  16. (Heard in committee on June 29.)

  17. From committee: Do pass, but first be re-referred to Com. on B. & P. (Ayes 10. Noes 1.) Re-referred to Com. on B. & P.

  18. (Corrected June 25.)

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

  20. To Coms. on B. & F. and B. & P.

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

  22. Read third time. Passed. (Ayes 36. Noes 1. Page 1097.) To Assembly.

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 12. Noes 0. Page 1067.)

  25. (Suspense - for vote only.)

  26. Set for hearing May 28.

  27. Placed on APPR suspense file.

  28. Set for hearing April 27.

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

  30. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 806.)

  31. Set for hearing April 13.

  32. From committee: Do pass, but first be re-referred to Com. on B., P. & E.D. (Ayes 9. Noes 0. Page 396.) Re-referred to Com. on B., P. & E.D.

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  34. Set for hearing April 1.

  35. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  36. To Coms. on B., F. & I. and B., P. & E.D.

  37. From print. May be acted upon on or after January 18.

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

Sponsors

  • Calderon · Primary
  • Nava · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Calderon

Co-sponsors (1)

  • Nava

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Unfinished Business SB36 Calderon

Passed 40 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37100
Democratic 2000
Republican 1000
Total 40100
% of votes cast 98%2%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Ducheny — Yea
Dutton — Yea
Ashburn — Yea
Benoit — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Wyland — Yea
Maldonado — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Wolk — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 36 Calderon Third Reading Urgency By NIELLO

Passed 84 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 78304
Democratic 3000
Republican 3000
Total 84304
% of votes cast 92%3%0%4%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Eng — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Duvall — 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
Chesbro — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Not Voting
Harkey — Yea
Hernandez — Yea
Hill — Yea
Anderson — Nay
Bass — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Not Voting
Miller — Nay
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Democratic 1000
Republican 1000
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Conway — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Davis — Yea
Fuentes — Yea
Hall — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Ammiano — Yea
Harkey — Not Voting
Hill — Yea
Miller — Not Voting
Skinner — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB36 Calderon

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34102
Democratic 2000
Republican 1000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Yea
Wyland — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Leno — Yea
Ducheny — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Romero — Yea
Simitian — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Not Voting
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Negrete — Yea
Corbett — Not Voting
McLeod — Yea
Oropeza — Yea
Romero — Yea
Walters — Yea
Aanestad — Nay
Correa — Not Voting
Florez — Yea

Official roll call →

Do pass, but re-refer to the Committee on Business, Professions and Economic Development.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 6001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Runner — Yea
Liu — Yea
Harman — Not Voting
Kehoe — Yea
Correa — Yea
Cox — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does SB 36 do?
(1) Existing law, the Real Estate Law, governs the licensing and regulation of real estate licensees, as defined, as administered by the Real Estate Commissioner. Existing law imposes specified requirements on real estate brokers who solicit borrowers or lenders or negotiate loans or collect payments or perform services for borrowers or lenders relative to loans secured by real property. A willful violation of the Real Estate Law is a crime. This bill would require a real estate license endorsement from the commissioner in order to engage in the business of a mortgage loan originator, as defined. The bill would establish penalties if a real estate licensee fails to obtain a license endorsement before conducting business as a mortgage loan originator and would authorize the commissioner to suspend or revoke a real estate license for a failure to pay these penalties. The bill would require applicants for a license endorsement as a mortgage loan originator to furnish specified background information to the Nationwide Mortgage Licensing System and Registry. The bill would establish standards for issuance and renewal of a license endorsement to act as a mortgage loan originator, including satisfying specified educational requirements. The bill would require these real estate licensees to annually submit business activities reports, and other reports that may be required, to the commissioner. The bill would authorize the commissioner to examine the affairs of real estate brokers, including those that obtain license endorsement as a mortgage loan originator. The bill would require the commissioner to report violations of the provisions regulating real estate brokers and mortgage loan originators to the Nationwide Mortgage Licensing System and Registry. The bill would require recipients of a license endorsement as a mortgage loan originator to use or disclose a specified unique identifier provided by the Nationwide Mortgage Licensing System and Registry in advertisements and solicitations of the mortgage loan originator. The bill would enact other related provisions. (2) Existing law provides for the licensure and regulation of finance lenders and brokers and residential mortgage lenders and servicers by the Department of Corporations. A willful violation of the laws regulating these licensees is a crime. This bill would require the licensure and regulation of mortgage loan originators, as defined, under the California Finance Lenders Law and the California Residential Mortgage Lending Act. The bill would require mortgage loan originators to also be licensed and registered through the Nationwide Mortgage Licensing System and Registry. The bill would require applicants for licensure as a mortgage loan originator to furnish specified background information to the Nationwide Mortgage Licensing System and Registry and would require applicants for licensure or license renewal to satisfy certain requirements, including educational requirements. The bill would require finance lenders and brokers, and residential mortgage lenders and servicers, that employ a mortgage loan originator to maintain a minimum net worth of $250,000. The bill would authorize the commissioner to require finance lenders and brokers, and residential mortgage lenders and servicers, that employ a mortgage loan originator to submit reports of condition to the Nationwide Mortgage Licensing System and Registry. The bill would prescribe prohibited acts and authorize various types of disciplinary action to be taken against mortgage loan originators and require the commission to report violations of these provisions to the Nationwide Mortgage Licensing System and Registry. The bill would authorize the commissioner to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry, as specified, for the purposes of implementing these provisions of the bill. The bill would require a mortgage loan originator to use or disclose a specified unique identifier on all mortgage loan applications, solicitations, or advertisements. The bill would enact other related provisions. (3) This bill would provide that no person is required to have a mortgage loan originator license under the California Finance Lenders Law or the California Residential Mortgage Lending Act before July 1, 2010, nor a mortgage loan originator license endorsement under the Real Estate Law, as set forth in the bill, before December 1, 2010. (4) Because a willful violation of these provisions would be a crime, this bill would impose a state-mandated local program. 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 36?
SB 36 is sponsored by Calderon and Nava.
What is the current status of SB 36?
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 36?
Track SB 36 free on One Click Politics — get push/email alerts when it moves.

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