California 2011-2012 Regular Session Status: Enacted

SB 6 — Real estate: appraisal and valuation.

Last action — Chaptered by Secretary of State. Chapter 716, 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 06, 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

Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and real estate salespersons by the Real Estate Commissioner and makes a willful violation of the act a crime. Existing law authorizes the commissioner to temporarily suspend or permanently revoke a real estate license when the licensee has been guilty of generating an inaccurate opinion of the value of residential real property in connection with a certain real estate transaction in order to, among other things, acquire a financial or business advantage that directly results from the inaccurate opinion of value. This bill would delete that provision and would instead prohibit a licensee from knowingly or intentionally misrepresenting the value of real property. The bill would also prohibit a licensee that offers or provides an opinion of value of residential real property related to the origination of a mortgage loan from having a prohibited interest in the property, as specified under federal law. Existing law, the Real Estate Appraisers' Licensing and Certification Law, provides for the licensure and regulation of real estate appraisers and appraisal management companies and makes a willful violation of the law a crime. Existing law prohibits an appraisal management company from improperly influencing any appraisal by engaging in certain activities. This bill would revise that provision by prohibiting an appraisal management company from improperly influencing any appraisal through coercion, extortion, inducement, collusion, bribery, intimidation, compensation, or instruction. The bill would specifically prohibit certain acts, including, but not limited to, seeking to influence an appraiser to report a minimum or maximum value for specified property, implying to an appraiser that his or her retention depends on his or her estimate of the real property value, excluding an appraiser from future engagement because he or she reported a value that does not meet or exceed a certain threshold, and conditioning compensation paid to an appraiser on consummation of the real estate transaction. The bill would also prohibit a person or entity preparing an appraisal or performing appraisal management functions for certain mortgage loan transactions from having a prohibited interest in the property or the transaction, as specified under federal law, for which the appraisal or functions are performed. Existing law prohibits a person with an interest in a real estate transaction involving an appraisal from improperly influencing or attempting to improperly influence, through coercion, extortion, or bribery, the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan, and specifies that a violation of this provision by a person licensed under a state licensing law also constitutes a violation of that law. This bill would instead make that provision applicable to a valuation and would define a valuation as an estimate of the value of real property in written or electronic form, other than one produced solely by an automated model or system. The bill would also enumerate specified prohibited acts under that provision, including, but not limited to, seeking to influence a valuation preparer to report a minimum or maximum value for specified property, implying to a valuation preparer that his or her retention depends on his or her estimate of the real property value, excluding a valuation preparer from future engagement because he or she reported a value that does not meet or exceed a certain threshold, and conditioning compensation paid to a valuation preparer on consummation of the real estate transaction. Because a willful violation of the bill's requirements would be a crime, the 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 716, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2318.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 2595.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

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

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

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.

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

  13. 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.

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

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

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1064.) Ordered to the Assembly.

  17. Ordered to special consent calendar.

  18. Read second time. Ordered to third reading.

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

  20. Set for hearing May 16.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 847.) (May 2). Re-referred to Com. on APPR.

  22. Set for hearing May 2.

  23. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  24. From committee: Do pass as amended and re-refer to Com. on B., P. & E.D. (Ayes 7. Noes 0. Page 579.) (April 6).

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

  26. Set for hearing April 6.

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

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

  29. From printer. May be acted upon on or after January 6.

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

Sponsors

  • Calderon · Primary
  • Vargas · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Special Consent #9

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
Hancock — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Hernandez — Yea
Rubio — Yea
Huff — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Dutton — Yea
Anderson — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Corbett — 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 →

SB 6 Calderon Consent Calendar Second Day

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

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 0001
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Eng — Yea
Fuentes — Yea
Fletcher — Yea
Harkey — Yea
Lara — Yea
Morrell — Yea
Achadjian — Yea
Perea — Yea
Torres — Yea
Gatto — Yea
Roger Hernández — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Special Consent #3

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Corbett — Yea
Fuller — Yea
Dutton — Yea
Harman — Not Voting
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Pavley — Yea
Vargas — 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 →

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

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
Negrete McLeod — Yea
Price — Yea
Walters — Yea
Hernandez — Yea
Vargas — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 6 do?
Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and real estate salespersons by the Real Estate Commissioner and makes a willful violation of the act a crime. Existing law authorizes the commissioner to temporarily suspend or permanently revoke a real estate license when the licensee has been guilty of generating an inaccurate opinion of the value of residential real property in connection with a certain real estate transaction in order to, among other things, acquire a financial or business advantage that directly results from the inaccurate opinion of value. This bill would delete that provision and would instead prohibit a licensee from knowingly or intentionally misrepresenting the value of real property. The bill would also prohibit a licensee that offers or provides an opinion of value of residential real property related to the origination of a mortgage loan from having a prohibited interest in the property, as specified under federal law. Existing law, the Real Estate Appraisers' Licensing and Certification Law, provides for the licensure and regulation of real estate appraisers and appraisal management companies and makes a willful violation of the law a crime. Existing law prohibits an appraisal management company from improperly influencing any appraisal by engaging in certain activities. This bill would revise that provision by prohibiting an appraisal management company from improperly influencing any appraisal through coercion, extortion, inducement, collusion, bribery, intimidation, compensation, or instruction. The bill would specifically prohibit certain acts, including, but not limited to, seeking to influence an appraiser to report a minimum or maximum value for specified property, implying to an appraiser that his or her retention depends on his or her estimate of the real property value, excluding an appraiser from future engagement because he or she reported a value that does not meet or exceed a certain threshold, and conditioning compensation paid to an appraiser on consummation of the real estate transaction. The bill would also prohibit a person or entity preparing an appraisal or performing appraisal management functions for certain mortgage loan transactions from having a prohibited interest in the property or the transaction, as specified under federal law, for which the appraisal or functions are performed. Existing law prohibits a person with an interest in a real estate transaction involving an appraisal from improperly influencing or attempting to improperly influence, through coercion, extortion, or bribery, the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan, and specifies that a violation of this provision by a person licensed under a state licensing law also constitutes a violation of that law. This bill would instead make that provision applicable to a valuation and would define a valuation as an estimate of the value of real property in written or electronic form, other than one produced solely by an automated model or system. The bill would also enumerate specified prohibited acts under that provision, including, but not limited to, seeking to influence a valuation preparer to report a minimum or maximum value for specified property, implying to a valuation preparer that his or her retention depends on his or her estimate of the real property value, excluding a valuation preparer from future engagement because he or she reported a value that does not meet or exceed a certain threshold, and conditioning compensation paid to a valuation preparer on consummation of the real estate transaction. Because a willful violation of the bill's requirements would be a crime, the 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.
Who sponsors SB 6?
SB 6 is sponsored by Calderon and Vargas.
What is the current status of SB 6?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track SB 6?
Track SB 6 free on One Click Politics — get push/email alerts when it moves.

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