California 2009-2010 Regular Session Status: To Executive

AB 764 — Real estate brokers.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner. Existing law authorizes the commissioner to require that materials used in obtaining advance fee agreements be submitted to him or her at least 10 calendar days before the materials are used and makes it a misdemeanor, punishable by a fine not exceeding $1,000, or imprisonment in the county jail not exceeding 6 months, or both, to use any agreement that the commissioner has ordered not to be used. Existing law authorizes the commissioner to determine the form of the advance fee agreements. This bill would instead require the commissioner to determine the form of advance fee agreements and to mandate the submission of advance fee agreement materials prior to their use. The bill would also prohibit advertisements used in obtaining advance fee agreements from using words, letters, initials, symbols, or other devices that are similar to those used by a governmental agency or nonprofit entity, as specified. The bill would also increase the maximum fine for using any agreement that the commissioner has ordered not to be used from $1,000 to $2,500, and would increase the maximum imprisonment time for a violation to 12 months. By expanding the scope of a crime, the bill would impose a state-mandated local program. The Real Estate Law makes it unlawful for any person to claim, demand, charge, receive, collect, or contract for an advance fee for soliciting lenders on behalf of borrowers or performing services for borrowers in connection with a mortgage loan before the borrower becomes obligated to complete the loan and for performing any other activity for which a license is required, unless the person is a licensed real estate broker and has complied with the provisions of the Real Estate Law. A violation of that provision constitutes a public offense punishable by a fine of up to $10,000 for an individual or $50,000 for a corporation. Existing law exempts from that prohibition state-chartered banks, savings associations, credit unions, industrial loan companies, and licensed finance lenders and brokers. This bill would increase those fines to $20,000 and $60,000, respectively, and would increase the maximum imprisonment time for a violation to 12 months. The bill would also make it unlawful, until January 1, 2013, for a real estate broker, or any other person who performs loan modification services, as specified, to claim, demand, charge, receive, or collect a fee paid for by a borrower for a loan modification agreement, as defined, until the terms of the loan have been modified, and would require provision of a specified notice prior to entering into a loan modification agreement with a borrower. By creating a new crime, the bill would impose a state-mandated local program. The bill would make an attorney subject to disciplinary sanctions if he or she claims, demands, charges, receives, or collects a fee paid for by a borrower in connection with a loan modification agreement until the terms of the loan have been modified. The bill would further exempt from the fee prohibition licensed residential mortgage lenders and servicers. The bill would also exempt nonprofit community-based organizations, and employees of those organizations, that provide counseling services at no cost to borrowers in connection with loan modifications from certain provisions of the Real Estate Law regulating certain activities of real estate brokers and salespersons. 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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 53. Noes 24. Page 3204.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 22. Noes 16. Page 2068.)

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 14).

  13. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 3.) (July 9).

  14. (Page 1586.)

  15. Joint Rule 62(a) suspended.

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.

  18. Referred to Coms. on B., F. & I. and JUD.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time, passed, and to Senate. (Ayes 46. Noes 28. Page 2018.)

  21. Read third time, amended, and returned to third reading. (Ayes 48. Noes 29. Page 1920.).

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 11. Noes 5.) (May 13).

  24. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 28).

  25. Re-referred to Com. on B. & P.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  27. From committee: Do pass, and re-refer to Com. on B. & P. Re-referred. (Ayes 8. Noes 3.) (April 13).

  28. Re-referred to Com. on B. & F.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  30. Referred to Coms. on B. & F. and B. & P.

  31. From printer. May be heard in committee March 29.

  32. Read first time. To print.

Sponsors

  • Bass · Cosponsor
  • Corbett · Cosponsor
  • Feuer · Cosponsor
  • Galgiani · Cosponsor
  • Leno · Cosponsor
  • Nava · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 4 voted No

Sponsors (1)

  • Nava

Co-sponsors (5)

  • Bass
  • Corbett
  • Feuer
  • Galgiani
  • Leno

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

AB 764 NAVA Concurrence in Senate Amendments

Passed 62 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 582502
Democratic 3000
Republican 1200
Total 622702
% of votes cast 68%30%0%2%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Ammiano — Yea
Beall — Yea
Block — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Monning — Yea
Nava — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Garrick — Nay
Cook — Nay
Gilmore — Nay
Mendoza — Not Voting
Miller — Nay
Duvall — Not Voting
Nestande — Nay
Adams — Nay
Anderson — Nay
Smyth — Nay
Torrico — Yea
Tran — Nay
Bass — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Knight — Nay
Krekorian — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Ruskin — Yea
Torlakson — Yea
Torres — Yea
Villines — Nay
Emmerson — Yea
Coto — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB764 Nava By Negrete McLeod

Passed 23 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211502
Democratic 2000
Republican 0100
Total 231602
% of votes cast 56%39%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Florez — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Liu — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wyland — Nay
Runner — Nay
Cogdill — Nay
Correa — Nay
Harman — Nay
Hollingsworth — Nay
Ashburn — Nay
Benoit — Nay
Cox — Nay
Dutton — Nay
Oropeza — Not Voting
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Kehoe — Yea
Maldonado — Nay
Pavley — Yea
Wolk — Yea
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 764 NAVA Assembly Third Reading

Passed 54 Yea · 31 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 512906
Democratic 2001
Republican 1200
Total 543107
% of votes cast 59%34%0%8%
How each member voted (92)
Member Party Vote
Hagman — Nay
Hall — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Furutani — Yea
Galgiani — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Coto — Yea
Bass — Yea
Beall — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Bill — Nay
Tom — Nay
Eng — Not Voting
Fuller — Nay
Garrick — Nay
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Charles — Not Voting
Harkey — Not Voting
Conway — Nay
Cook — Nay
Jeffries — Nay
Knight — Nay
Blakeslee — Nay
Duvall — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Nava — Yea
Nestande — Nay
Nielsen — Nay
Price — Yea
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Not Voting
Fuentes — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

AB 764 NAVA Assembly Third Reading Amend By NAVA Set #1

Passed 57 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 533003
Democratic 3000
Republican 1200
Total 573203
% of votes cast 62%35%0%3%
How each member voted (92)
Member Party Vote
Hagman — Nay
Leon — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Beall — Yea
Coto — Yea
Davis — 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
Conway — Nay
Cook — Nay
DeVore — Nay
Bill — Nay
Tom — Nay
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Fletcher — Nay
Audra — Nay
Galgiani — Yea
Garrick — Nay
Gilmore — Nay
Duvall — Nay
Blakeslee — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Not Voting
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Evans — Yea
Yamada — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Duvall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Krekorian — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 8 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8202
Republican 0100
Total 8302
% of votes cast 62%23%0%15%
How each member voted (13)
Member Party Vote
Eng — Not Voting
Hernandez — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Not Voting
Price — Yea
Ruskin — Yea
Hayashi — Yea
Nava — Yea
Smyth — Nay
Emmerson — Nay
Niello, Roger W. Republican Nay

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does AB 764 do?
The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner. Existing law authorizes the commissioner to require that materials used in obtaining advance fee agreements be submitted to him or her at least 10 calendar days before the materials are used and makes it a misdemeanor, punishable by a fine not exceeding $1,000, or imprisonment in the county jail not exceeding 6 months, or both, to use any agreement that the commissioner has ordered not to be used. Existing law authorizes the commissioner to determine the form of the advance fee agreements. This bill would instead require the commissioner to determine the form of advance fee agreements and to mandate the submission of advance fee agreement materials prior to their use. The bill would also prohibit advertisements used in obtaining advance fee agreements from using words, letters, initials, symbols, or other devices that are similar to those used by a governmental agency or nonprofit entity, as specified. The bill would also increase the maximum fine for using any agreement that the commissioner has ordered not to be used from $1,000 to $2,500, and would increase the maximum imprisonment time for a violation to 12 months. By expanding the scope of a crime, the bill would impose a state-mandated local program. The Real Estate Law makes it unlawful for any person to claim, demand, charge, receive, collect, or contract for an advance fee for soliciting lenders on behalf of borrowers or performing services for borrowers in connection with a mortgage loan before the borrower becomes obligated to complete the loan and for performing any other activity for which a license is required, unless the person is a licensed real estate broker and has complied with the provisions of the Real Estate Law. A violation of that provision constitutes a public offense punishable by a fine of up to $10,000 for an individual or $50,000 for a corporation. Existing law exempts from that prohibition state-chartered banks, savings associations, credit unions, industrial loan companies, and licensed finance lenders and brokers. This bill would increase those fines to $20,000 and $60,000, respectively, and would increase the maximum imprisonment time for a violation to 12 months. The bill would also make it unlawful, until January 1, 2013, for a real estate broker, or any other person who performs loan modification services, as specified, to claim, demand, charge, receive, or collect a fee paid for by a borrower for a loan modification agreement, as defined, until the terms of the loan have been modified, and would require provision of a specified notice prior to entering into a loan modification agreement with a borrower. By creating a new crime, the bill would impose a state-mandated local program. The bill would make an attorney subject to disciplinary sanctions if he or she claims, demands, charges, receives, or collects a fee paid for by a borrower in connection with a loan modification agreement until the terms of the loan have been modified. The bill would further exempt from the fee prohibition licensed residential mortgage lenders and servicers. The bill would also exempt nonprofit community-based organizations, and employees of those organizations, that provide counseling services at no cost to borrowers in connection with loan modifications from certain provisions of the Real Estate Law regulating certain activities of real estate brokers and salespersons. 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.
Who sponsors AB 764?
AB 764 is sponsored by Bass, Corbett, Feuer, Galgiani, Leno, and Nava.
What is the current status of AB 764?
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 AB 764?
Track AB 764 free on One Click Politics — get push/email alerts when it moves.

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