California 2011-2012 Regular Session Status: Enacted

AB 1950 — Prohibited business practices: enforcement.

Last action — Chaptered by Secretary of State - Chapter 569, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 23, 2012. 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 10 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 prohibits any person from engaging in the business of, acting in the capacity of, advertising as, or assuming to act as, a real estate broker or a real estate salesperson without first obtaining a real estate license, as specified. This bill would additionally prohibit any person from engaging in the business of, acting in the capacity of, advertising as, or assuming to act as, a mortgage loan originator without having obtained a license endorsement, as specified. (2) Existing law, until January 1, 2013, prohibits any person who negotiates or arranges residential mortgage loan modifications, as specified, for a fee, from demanding or receiving preperformance compensation, as specified, or requiring security as collateral or taking a power of attorney from the borrower and makes a violation of that prohibition a misdemeanor subject to specified fines. Existing law, until January 1, 2013, also prohibits certain conduct by a real estate licensee in connection with a mortgage loan modification or forbearance, including demanding compensation before service is fully performed, taking a lien on property or wage assignment, or taking a power of attorney from the borrower. A violation of those prohibitions is a misdemeanor. This bill would extend the operation of the above-described provisions indefinitely. By extending the operation of existing crimes, this bill would impose a state-mandated local program. (3) Existing law provides that any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or any person acting or advertising themselves as a real estate broker, real estate salesperson, or mortgage loan originator without a license or license endorsement, is guilty of a misdemeanor. Existing law requires any person, including a person licensed to practice law, who performs a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation, as specified, to provide a specified notice to the borrower concerning 3rd parties arranging loan modifications. Existing law also prohibits certain conduct by that person including, among other things, demanding compensation before service is fully performed, taking a lien on property or a wage assignment, or taking a power of attorney from the borrower. Existing law provides that a violation of these requirements or prohibitions is a misdemeanor with specified penalties. Existing law requires that a prosecution for these offenses be commenced within one year of the commission of the offense. This bill would extend the time to commence a prosecution for these offenses to 3 years from the discovery of the commission of the offense, or within 3 years after completion of the offense, whichever is later. (4) 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. Chaptered by Secretary of State - Chapter 569, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 22. Page 6359.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4704.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  9. In committee: Referred to APPR. suspense file.

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

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on JUD.

  13. Referred to Coms. on B. & F.I. and JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 22. Page 5092.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

  18. In committee: Set, first hearing. Referred to APPR. suspense file.

  19. Re-referred to Com. on APPR.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  21. In committee: Hearing postponed by committee.

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

  23. Re-referred to Com. on L. GOV.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 4. Noes 2.) (April 17).

  26. Re-referred to Com. on PUB. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. Referred to Coms. on PUB. S. and L. GOV.

  29. From printer. May be heard in committee March 25.

  30. Read first time. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Davis

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

AB 1950 DAVIS Concurrence in Senate Amendments

Passed 56 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 552002
Republican 0200
Democratic 1000
Total 562202
% of votes cast 70%28%0%3%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hall — Yea
Feuer — Yea
Fuentes — Yea
Butler — Yea
Gatto — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Cedillo — Yea
Perea — Yea
Swanson — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Garrick — Nay
Gordon — Yea
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Hayashi — Yea
Cook — Nay
Beall — Yea
Davis — Yea
Donnelly — Nay
Hueso — Yea
Jeffries — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Yea
Norby — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Not Voting
Valadao — Nay
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Olsen — Yea
Skinner — Yea
Wagner — Nay
Williams — Yea
Conway — Nay
Eng — Yea
Dickinson — Yea
Furutani — Yea
Galgiani — Not Voting
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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 →

3rd Reading AB1950 Davis By Lowenthal

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Corbett — Yea
Runner — Not Voting
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Lieu — Not Voting
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lieu — Yea
Alquist — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Kehoe — Yea
Walters — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Alquist — Yea
Dutton — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Walters — Yea
Price — Yea

Official roll call →

AB 1950 DAVIS Assembly Third Reading

Passed 56 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 552002
Democratic 1000
Total 562202
% of votes cast 70%28%0%3%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Gorell — Yea
Hill — Yea
Fong — Yea
Carter — Yea
Huber — Yea
Allen — Yea
Huffman — Yea
Cedillo — Yea
Ma — Yea
Skinner — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Hayashi — Yea
Fletcher — Not Voting
Cook — Nay
Beall — Yea
Davis — Yea
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Not Voting
Wagner — Nay
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Logue — Nay
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Conway — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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.

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
Campos — Yea
Mitchell — Yea
Gatto — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Ammiano — Yea
Donnelly — Nay
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Norby — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1950 do?
(1) Existing law prohibits any person from engaging in the business of, acting in the capacity of, advertising as, or assuming to act as, a real estate broker or a real estate salesperson without first obtaining a real estate license, as specified. This bill would additionally prohibit any person from engaging in the business of, acting in the capacity of, advertising as, or assuming to act as, a mortgage loan originator without having obtained a license endorsement, as specified. (2) Existing law, until January 1, 2013, prohibits any person who negotiates or arranges residential mortgage loan modifications, as specified, for a fee, from demanding or receiving preperformance compensation, as specified, or requiring security as collateral or taking a power of attorney from the borrower and makes a violation of that prohibition a misdemeanor subject to specified fines. Existing law, until January 1, 2013, also prohibits certain conduct by a real estate licensee in connection with a mortgage loan modification or forbearance, including demanding compensation before service is fully performed, taking a lien on property or wage assignment, or taking a power of attorney from the borrower. A violation of those prohibitions is a misdemeanor. This bill would extend the operation of the above-described provisions indefinitely. By extending the operation of existing crimes, this bill would impose a state-mandated local program. (3) Existing law provides that any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or any person acting or advertising themselves as a real estate broker, real estate salesperson, or mortgage loan originator without a license or license endorsement, is guilty of a misdemeanor. Existing law requires any person, including a person licensed to practice law, who performs a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation, as specified, to provide a specified notice to the borrower concerning 3rd parties arranging loan modifications. Existing law also prohibits certain conduct by that person including, among other things, demanding compensation before service is fully performed, taking a lien on property or a wage assignment, or taking a power of attorney from the borrower. Existing law provides that a violation of these requirements or prohibitions is a misdemeanor with specified penalties. Existing law requires that a prosecution for these offenses be commenced within one year of the commission of the offense. This bill would extend the time to commence a prosecution for these offenses to 3 years from the discovery of the commission of the offense, or within 3 years after completion of the offense, whichever is later. (4) 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 1950?
AB 1950 is sponsored by Davis.
What is the current status of AB 1950?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 1950?
Track AB 1950 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1950

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1950

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →