California 2011-2012 Regular Session Status: Enacted

SB 706 — Business and professions.

Last action — Chaptered by Secretary of State. Chapter 712, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides for the licensure, endorsement, and regulation of real estate brokers, real estate salespersons, and mortgage loan originators by the Real Estate Commissioner of the Department of Real Estate in the Business, Transportation and Housing Agency. The Office of Real Estate Appraisers within the Business, Transportation and Housing Agency is under the supervision and control of the Secretary of Business, Transportation and Housing. Existing law provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Director of the Office of Real Estate Appraisers, who is responsible to the Secretary of Business, Transportation and Housing. This bill would state that protection of the public shall be the highest priority for the department and the office in exercising their licensing, regulatory, and disciplinary functions. The bill would authorize the department to enter into a settlement with a real estate licensee or applicant instead of the issuance of an accusation or statement of issues against the licensee or applicant and would require the settlement to identify the factual basis for the action being taken and the statutes or regulations that have been violated. The bill would authorize an administrative law judge to order a licensee in a disciplinary proceeding to pay, upon request of the commissioner, the reasonable costs of investigating and prosecuting the disciplinary case against the licensee. Following an administrative proceeding, or in connection with a stipulation, when the commissioner grants the right to a real estate license applicant or a licensee to apply for or obtain a restricted license or restricted mortgage loan originator license endorsement, the bill would authorize the commissioner to require the restricted licensee to pay the monetary costs associated with monitoring the licensed activities conducted pursuant to the restricted license or restricted mortgage loan originator license endorsement. The bill would provide that a license, endorsement, or certificate shall be suspended by the department or the office if the licensee or registrant is incarcerated after the conviction of a felony and would require the department or the office to notify the licensee or registrant of the suspension and of his or her right to a specified hearing. The bill would specify that no hearing is required, however, if the conviction was for a violation of federal law or state law for the use of dangerous drugs or controlled substances or specified sex offenses. The bill would require a licensee and registrant to report to the department or the office when there is an indictment or information charging a felony against the licensee or registrant or when he or she has been convicted of a felony or misdemeanor. The bill would make a violation of this reporting requirement a cause for discipline. The bill would require costs recovered pursuant to these disciplinary proceedings to be deposited in either the Real Estate Fund or the Real Estate Appraisers Regulation Fund, as specified, and would make the funds available upon appropriation by the Legislature. The bill would require the secretary to review and evaluate the office, and make recommendations to the Legislature by October 1, 2014, regarding whether the office should be, among other things, consolidated within the department or another state entity. The bill would provide that, on and after January 1, 2015, the department and the office shall be subject to review by the appropriate policy committees of the Legislature. (2) Existing law authorizes the director to adopt regulations relating to the license renewal process that include, among other things, continuing education requirements. Existing law authorizes renewal applicants to certify that they have read and understand specified state and federal laws instead of being required to take a course relating to federal and state appraisal laws. This bill would, commencing January 1, 2013, require these renewal applicants to take that course. (3) Existing law establishes in the Real Estate Fund the Recovery Account, which is continuously appropriated for purposes of funding the Real Estate Recovery Program. The account is funded by crediting a specified percentage of any real estate license fee collected unless the balance in the Recovery Account is at least $3,500,000. Existing law provides that when an aggrieved person obtains a final judgment in a court of competent jurisdiction or an arbitration award against a defendant based upon specified misconduct by the defendant, the aggrieved person may file a claim application with the Department of Real Estate for payment from the Recovery Account of the amount unpaid on the judgment which represents an actual and direct loss to the claimant in the transaction. Existing law requires the commissioner to render a final written decision on the application within 90 days, except as specified, after a completed application has been received. Under existing law, if the commissioner fails to render a written decision in response to the claim within a specified timeframe, the claim shall be deemed to have been denied by the commissioner on the final day for rendering the decision. This bill would rename the Recovery Account as the Consumer Recovery Account and would delete the provision specifying that the claim shall be deemed to have been denied in the circumstances described above. (4) Existing law provides for the regulation of various profession and vocation licensees by boards within the Department of Consumer Affairs. The department is under the control of the Director of Consumer Affairs. Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Existing law requires certain boards within the department to disclose on the Internet information on their respective licensees. This bill would require the California Board of Accountancy, the California Architects Board, the State Athletic Commission, the State Board of Barbering and Cosmetology, the State Board of Guide Dogs for the Blind, the State Board of Chiropractic Examiners, the Department of Real Estate, and the Office of Real Estate Appraisers to disclose on the Internet information on their respective licensees, as specified. (5) The bill would make other conforming and technical changes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 712, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:30 a.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 13. Page 2452.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 26. Page 3044.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 25).

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

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (July 5).

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & C.P.

  15. Referred to Com. on B., P. & C.P.

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

  17. Read third time. Passed. (Ayes 22. Noes 12. Page 1247.) Ordered to the Assembly.

  18. Read second time and amended. Ordered to third reading.

  19. From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1121.) (May 26).

  20. Set for hearing May 26.

  21. Placed on APPR. suspense file.

  22. Set for hearing May 23.

  23. Hearing postponed by committee.

  24. Set for hearing May 16.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 849.) (May 2). Re-referred to Com. on APPR.

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

  27. Set for hearing May 2.

  28. Hearing postponed by committee.

  29. Set for hearing April 25.

  30. Re-referred to Com. on B., P. & E.D.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  32. Referred to Com. on RLS.

  33. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Price · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Price

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

Unfinished Business SB706 Price Concurrence

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Anderson — Nay
Blakeslee — Yea
Cannella — Nay
Corbett — Yea
Correa — Yea
Dutton — Nay
Hancock — Yea
Harman — Nay
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Evans — Not Voting
Walters — Nay
Wolk — Not Voting
Alquist — Yea
Huff — Nay
Leno — Yea
Pavley — Yea
Simitian — Yea
Emmerson — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 706 Price Senate Third Reading By HILL

Passed 53 Yea · 26 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 522401
Democratic 1000
Total 532601
% of votes cast 66%33%0%1%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Gorell — Not Voting
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Conway — Nay
Hayashi — Yea
Fletcher — Nay
Huber — Yea
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Hueso — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Valadao — Nay
Wagner — Nay
Williams — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Mitchell — Yea
Hall — Yea
Donnelly — Nay
Norby — Nay
Solorio — Yea
Campos — Yea
Gatto — Yea
Hill — Yea
Lara — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Wagner — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 211105
Democratic 1001
Republican 0100
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Corbett — Yea
Hernandez — Yea
Huff — Nay
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Wyland — Nay
Runner — Not Voting
Rubio — Not Voting
Harman — Nay
Cannella — Nay
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Walters — Nay
Wolk — Not Voting
Alquist — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Walters — Nay
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Price — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
Wyland — Nay
Negrete McLeod — Yea
Corbett — Yea
Correa — Yea
Walters — Nay
Hernandez — Yea
Price — Yea
Vargas — Yea
Emmerson — Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 706 do?
(1) Existing law provides for the licensure, endorsement, and regulation of real estate brokers, real estate salespersons, and mortgage loan originators by the Real Estate Commissioner of the Department of Real Estate in the Business, Transportation and Housing Agency. The Office of Real Estate Appraisers within the Business, Transportation and Housing Agency is under the supervision and control of the Secretary of Business, Transportation and Housing. Existing law provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Director of the Office of Real Estate Appraisers, who is responsible to the Secretary of Business, Transportation and Housing. This bill would state that protection of the public shall be the highest priority for the department and the office in exercising their licensing, regulatory, and disciplinary functions. The bill would authorize the department to enter into a settlement with a real estate licensee or applicant instead of the issuance of an accusation or statement of issues against the licensee or applicant and would require the settlement to identify the factual basis for the action being taken and the statutes or regulations that have been violated. The bill would authorize an administrative law judge to order a licensee in a disciplinary proceeding to pay, upon request of the commissioner, the reasonable costs of investigating and prosecuting the disciplinary case against the licensee. Following an administrative proceeding, or in connection with a stipulation, when the commissioner grants the right to a real estate license applicant or a licensee to apply for or obtain a restricted license or restricted mortgage loan originator license endorsement, the bill would authorize the commissioner to require the restricted licensee to pay the monetary costs associated with monitoring the licensed activities conducted pursuant to the restricted license or restricted mortgage loan originator license endorsement. The bill would provide that a license, endorsement, or certificate shall be suspended by the department or the office if the licensee or registrant is incarcerated after the conviction of a felony and would require the department or the office to notify the licensee or registrant of the suspension and of his or her right to a specified hearing. The bill would specify that no hearing is required, however, if the conviction was for a violation of federal law or state law for the use of dangerous drugs or controlled substances or specified sex offenses. The bill would require a licensee and registrant to report to the department or the office when there is an indictment or information charging a felony against the licensee or registrant or when he or she has been convicted of a felony or misdemeanor. The bill would make a violation of this reporting requirement a cause for discipline. The bill would require costs recovered pursuant to these disciplinary proceedings to be deposited in either the Real Estate Fund or the Real Estate Appraisers Regulation Fund, as specified, and would make the funds available upon appropriation by the Legislature. The bill would require the secretary to review and evaluate the office, and make recommendations to the Legislature by October 1, 2014, regarding whether the office should be, among other things, consolidated within the department or another state entity. The bill would provide that, on and after January 1, 2015, the department and the office shall be subject to review by the appropriate policy committees of the Legislature. (2) Existing law authorizes the director to adopt regulations relating to the license renewal process that include, among other things, continuing education requirements. Existing law authorizes renewal applicants to certify that they have read and understand specified state and federal laws instead of being required to take a course relating to federal and state appraisal laws. This bill would, commencing January 1, 2013, require these renewal applicants to take that course. (3) Existing law establishes in the Real Estate Fund the Recovery Account, which is continuously appropriated for purposes of funding the Real Estate Recovery Program. The account is funded by crediting a specified percentage of any real estate license fee collected unless the balance in the Recovery Account is at least $3,500,000. Existing law provides that when an aggrieved person obtains a final judgment in a court of competent jurisdiction or an arbitration award against a defendant based upon specified misconduct by the defendant, the aggrieved person may file a claim application with the Department of Real Estate for payment from the Recovery Account of the amount unpaid on the judgment which represents an actual and direct loss to the claimant in the transaction. Existing law requires the commissioner to render a final written decision on the application within 90 days, except as specified, after a completed application has been received. Under existing law, if the commissioner fails to render a written decision in response to the claim within a specified timeframe, the claim shall be deemed to have been denied by the commissioner on the final day for rendering the decision. This bill would rename the Recovery Account as the Consumer Recovery Account and would delete the provision specifying that the claim shall be deemed to have been denied in the circumstances described above. (4) Existing law provides for the regulation of various profession and vocation licensees by boards within the Department of Consumer Affairs. The department is under the control of the Director of Consumer Affairs. Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners. Existing law requires certain boards within the department to disclose on the Internet information on their respective licensees. This bill would require the California Board of Accountancy, the California Architects Board, the State Athletic Commission, the State Board of Barbering and Cosmetology, the State Board of Guide Dogs for the Blind, the State Board of Chiropractic Examiners, the Department of Real Estate, and the Office of Real Estate Appraisers to disclose on the Internet information on their respective licensees, as specified. (5) The bill would make other conforming and technical changes.
Who sponsors SB 706?
SB 706 is sponsored by Price.
What is the current status of SB 706?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 706?
Track SB 706 free on One Click Politics — get push/email alerts when it moves.

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