California 2011-2012 Regular Session Status: Enacted

SB 53 — Real estate licensees.

Last action — Chaptered by Secretary of State. Chapter 717, 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 December 16, 2010. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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) The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner and makes any person who willfully violates or knowingly participates in the violation of its provisions guilty of a crime. Existing law authorizes the commissioner, upon his or her own motion, and requires the commissioner upon the verified complaint in writing of any person, to investigate the actions of a real estate licensee who has engaged in specified acts. If the commissioner finds that a licensee has committed those acts, existing law authorizes the commissioner to suspend or revoke the license of the licensee or to, instead, impose specified monetary penalties, which are required to be credited to the Recovery Account in the Real Estate Fund. This bill would authorize the commissioner to issue citations to unlicensed persons the commissioner believes to be engaging in activities for which a real estate license is required or to licensees who are in violation of any provision of the Real Estate Law or any rule or order thereunder. The bill would authorize citations to include an order to correct the violation or to include an administrative penalty of up to $2,500. The bill would require any fines collected pursuant to these provisions to be credited to the Recovery Account, to be made available upon appropriation by the Legislature. The bill would make additional changes with regard to the commissioner's authority pertaining to discipline and, on and after July 1, 2012, licensure renewal. This bill would further authorize the commissioner to apply to the superior court for an order requiring a licensee to appear before the commissioner or to produce evidence under specified circumstances. The bill would authorize the court to punish as contempt the failure of a licensee to comply with such an order. Because contempt of court is punishable as a crime, the bill would impose a state-mandated local program. The bill would also authorize the commissioner to make information public confirming an investigation or proceeding against an unlicensed person or licensee, as specified. (2) Existing law imposes certain disclosure and recording requirements on real estate brokers engaging in escrow activities. This bill, on and after July 1, 2012, would require a real estate broker who is exempt from the Escrow Law and who engages in escrow activities for 5 or more transactions in a calendar year or whose escrow activities equal or exceed $1,000,000 in a calendar year to file a specified report with the department within 60 days following the completion of the calendar year. The bill would authorize the commissioner to assess specified penalties upon a real estate broker who fails to provide the report to the department, would require the penalties to be deposited in the Recovery Account of the Real Estate Fund, to be made available upon appropriation by the Legislature, and would authorize the commissioner to suspend or revoke the license of a real estate broker for failure to pay those penalties. Because a willful violation of these provisions by a real estate broker would be a crime, the bill would impose a state-mandated local program. (3) Existing law authorizes the commissioner to suspend or revoke a real estate license, if the licensee has engaged in specified acts. This bill would authorize the commissioner to suspend or revoke a real estate license if the licensee has violated any provision of law that constitutes a violation of the licensing law applicable to the licensee, as specified. (4) Existing law makes it unlawful for any person to offer or sell any security in an issuer transaction unless the sale has been qualified or the security or transaction is exempted or is not subject to qualification, as specified. Existing law exempts from qualification a transaction that involves the sale of a series of notes secured directly by an interest in real property or the sale of undivided interests in a note secured directly by real property equivalent to a series transaction. Existing law requires a real estate broker to indicate in the real estate broker's transaction file the provisions of law pertaining to qualification or exemption from qualification under which a transaction is being conducted. Existing law requires a real estate broker to file certain information with the commissioner relative to conducting these transactions that are exempt from qualification. This bill would require a real estate broker to submit a copy of the information in the real estate broker's transaction file relative to qualification or exemption from qualification for a transaction to any investor from whom the real estate broker obtains funds in connection with the transaction. The bill would also recast specified provisions relative to the requirements that apply to transactions exempt from qualification. Because a willful violation of these provisions by a real estate broker would be a crime, the bill would impose a state-mandated local program. (5) Existing law provides specified government law enforcement entities with access to records of the Department of Motor Vehicles. This bill would provide the Real Estate Commissioner with access to those records for purposes of enforcing specified provisions of the Real Estate Law or the Subdivided Lands Law. (6) This bill would incorporate additional changes in Section 10176 of the Business and Professions Code, proposed by SB 6, to be operative only if SB 6 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (7) 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 717, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2405.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2992.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2639.)

  9. Ordered to third reading.

  10. From consent calendar.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 27). Re-referred to Com. on APPR.

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

  15. From committee: Do pass and re-refer to Com. on B. & F. (Ayes 9. Noes 0.) (June 14). Re-referred to Com. on B. & F.

  16. Referred to Coms. on B., P. & C.P. and B. & F.

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

  18. Read third time. Passed. (Ayes 38. Noes 0. Page 1183.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

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

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

  22. Set for hearing May 23.

  23. Set, first hearing. Hearing canceled at the request of author.

  24. Set for hearing May 16.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 847.) (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. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  29. From committee: Do pass as amended and re-refer to Com. on B., P. & E.D. (Ayes 6. Noes 1. Page 579.) (April 6).

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.

  31. Set for hearing April 6.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.

  33. Referred to Coms. on B. & F.I. and B., P. & E.D.

  34. Read first time.

  35. From printer. May be acted upon on or after January 16.

  36. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary
  • Vargas · Cosponsor

Sponsorship breakdown

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

Sponsors (1)

  • Calderon

Co-sponsors (1)

  • Vargas

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 SB53 Calderon Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Corbett — Yea
Anderson — Yea
Dutton — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — 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 →

SB 53 Calderon Senate Third Reading By HARKEY

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 75002
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Butler — Yea
Garrick — Yea
Hagman — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Chesbro — Yea
Knight — Yea
Miller — Yea
Wagner — Yea
Atkins — Yea
Campos — Yea
Fuentes — Yea
Cedillo — Yea
Portantino — Yea
Furutani — Not Voting
Yamada — Yea
Gatto — Yea
Conway — Yea
Allen — Yea
Gordon — Yea
Gorell — Not Voting
Bonilla — Yea
Halderman — Yea
Fong — Yea
Fletcher — Yea
Cook — Yea
Hall — Yea
Harkey — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Donnelly — Yea
Huffman — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Mitchell — Yea
Campos — Yea
Hill — Yea
Lara — Yea
Blumenfield — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Bradford — Yea
Nielsen — Yea
Wagner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 0001
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Eng — Yea
Fletcher — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Lara — Yea
Morrell — Not Voting
Perea — Yea
Torres — Yea
Achadjian — Yea
Roger Hernández — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

3rd Reading

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
Wolk — Yea
Evans — Yea
Fuller — Yea
Cannella — Yea
Leno — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Pavley — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Anderson — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Dutton — Yea
Alquist — Yea
Blakeslee — Yea
Huff — Yea
Liu — Yea
Vargas — Yea
Walters — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

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

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8100
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Wyland — Yea
Negrete McLeod — Yea
Hernandez — Yea
Corbett — Yea
Price — Yea
Walters — Nay
Vargas — Yea
Emmerson — Yea
Correa — Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 53 do?
(1) The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner and makes any person who willfully violates or knowingly participates in the violation of its provisions guilty of a crime. Existing law authorizes the commissioner, upon his or her own motion, and requires the commissioner upon the verified complaint in writing of any person, to investigate the actions of a real estate licensee who has engaged in specified acts. If the commissioner finds that a licensee has committed those acts, existing law authorizes the commissioner to suspend or revoke the license of the licensee or to, instead, impose specified monetary penalties, which are required to be credited to the Recovery Account in the Real Estate Fund. This bill would authorize the commissioner to issue citations to unlicensed persons the commissioner believes to be engaging in activities for which a real estate license is required or to licensees who are in violation of any provision of the Real Estate Law or any rule or order thereunder. The bill would authorize citations to include an order to correct the violation or to include an administrative penalty of up to $2,500. The bill would require any fines collected pursuant to these provisions to be credited to the Recovery Account, to be made available upon appropriation by the Legislature. The bill would make additional changes with regard to the commissioner's authority pertaining to discipline and, on and after July 1, 2012, licensure renewal. This bill would further authorize the commissioner to apply to the superior court for an order requiring a licensee to appear before the commissioner or to produce evidence under specified circumstances. The bill would authorize the court to punish as contempt the failure of a licensee to comply with such an order. Because contempt of court is punishable as a crime, the bill would impose a state-mandated local program. The bill would also authorize the commissioner to make information public confirming an investigation or proceeding against an unlicensed person or licensee, as specified. (2) Existing law imposes certain disclosure and recording requirements on real estate brokers engaging in escrow activities. This bill, on and after July 1, 2012, would require a real estate broker who is exempt from the Escrow Law and who engages in escrow activities for 5 or more transactions in a calendar year or whose escrow activities equal or exceed $1,000,000 in a calendar year to file a specified report with the department within 60 days following the completion of the calendar year. The bill would authorize the commissioner to assess specified penalties upon a real estate broker who fails to provide the report to the department, would require the penalties to be deposited in the Recovery Account of the Real Estate Fund, to be made available upon appropriation by the Legislature, and would authorize the commissioner to suspend or revoke the license of a real estate broker for failure to pay those penalties. Because a willful violation of these provisions by a real estate broker would be a crime, the bill would impose a state-mandated local program. (3) Existing law authorizes the commissioner to suspend or revoke a real estate license, if the licensee has engaged in specified acts. This bill would authorize the commissioner to suspend or revoke a real estate license if the licensee has violated any provision of law that constitutes a violation of the licensing law applicable to the licensee, as specified. (4) Existing law makes it unlawful for any person to offer or sell any security in an issuer transaction unless the sale has been qualified or the security or transaction is exempted or is not subject to qualification, as specified. Existing law exempts from qualification a transaction that involves the sale of a series of notes secured directly by an interest in real property or the sale of undivided interests in a note secured directly by real property equivalent to a series transaction. Existing law requires a real estate broker to indicate in the real estate broker's transaction file the provisions of law pertaining to qualification or exemption from qualification under which a transaction is being conducted. Existing law requires a real estate broker to file certain information with the commissioner relative to conducting these transactions that are exempt from qualification. This bill would require a real estate broker to submit a copy of the information in the real estate broker's transaction file relative to qualification or exemption from qualification for a transaction to any investor from whom the real estate broker obtains funds in connection with the transaction. The bill would also recast specified provisions relative to the requirements that apply to transactions exempt from qualification. Because a willful violation of these provisions by a real estate broker would be a crime, the bill would impose a state-mandated local program. (5) Existing law provides specified government law enforcement entities with access to records of the Department of Motor Vehicles. This bill would provide the Real Estate Commissioner with access to those records for purposes of enforcing specified provisions of the Real Estate Law or the Subdivided Lands Law. (6) This bill would incorporate additional changes in Section 10176 of the Business and Professions Code, proposed by SB 6, to be operative only if SB 6 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (7) 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 SB 53?
SB 53 is sponsored by Calderon and Vargas.
What is the current status of SB 53?
This bill has been enacted into law. Introduced December 16, 2010. Enacted.
Where can I track SB 53?
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