California 2017-2018 Regular Session

California Senate Bill SB70 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Senate Bill No. ~~70 CHAPTER 928~~ An act to amend Section 11319 of the Business and Professions Code, relating to real estate. ~~[ Approved by Governor September 29, 2018. Filed with Secretary of State September 29, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 70, Bates. Real estate: Uniform Standards of Professional Appraisal Practice.Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11319 of the Business and Professions Code is amended to read:11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
	1	+	Enrolled August 23, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly July 05, 2018 Amended IN Assembly June 13, 2018 Amended IN Senate January 17, 2018 Amended IN Senate January 03, 2018 Amended IN Senate March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 70Introduced by Senator BatesJanuary 09, 2017 An act to amend Section 11319 of the Business and Professions Code, relating to real estate.LEGISLATIVE COUNSEL'S DIGESTSB 70, Bates. Real estate: Uniform Standards of Professional Appraisal Practice.Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11319 of the Business and Professions Code is amended to read:11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
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3		-	Senate Bill No. 70 CHAPTER 928 An act to amend Section 11319 of the Business and Professions Code, relating to real estate. [ Approved by Governor September 29, 2018. Filed with Secretary of State September 29, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 70, Bates. Real estate: Uniform Standards of Professional Appraisal Practice.Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled August 23, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly July 05, 2018 Amended IN Assembly June 13, 2018 Amended IN Senate January 17, 2018 Amended IN Senate January 03, 2018 Amended IN Senate March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 70Introduced by Senator BatesJanuary 09, 2017 An act to amend Section 11319 of the Business and Professions Code, relating to real estate.LEGISLATIVE COUNSEL'S DIGESTSB 70, Bates. Real estate: Uniform Standards of Professional Appraisal Practice.Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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	5	+	Enrolled August 23, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly July 05, 2018 Amended IN Assembly June 13, 2018 Amended IN Senate January 17, 2018 Amended IN Senate January 03, 2018 Amended IN Senate March 30, 2017
	6	+
	7	+	Enrolled August 23, 2018
	8	+	Passed IN Senate August 21, 2018
	9	+	Passed IN Assembly July 05, 2018
	10	+	Amended IN Assembly June 13, 2018
	11	+	Amended IN Senate January 17, 2018
	12	+	Amended IN Senate January 03, 2018
	13	+	Amended IN Senate March 30, 2017
	14	+
	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	17		Senate Bill No. 70
6		-	CHAPTER 928
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	19	+	Introduced by Senator BatesJanuary 09, 2017
	20	+
	21	+	Introduced by Senator Bates
	22	+	January 09, 2017
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8	24		An act to amend Section 11319 of the Business and Professions Code, relating to real estate.
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10		-	[ Approved by Governor September 29, 2018. Filed with Secretary of State September 29, 2018. ]
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12	26		LEGISLATIVE COUNSEL'S DIGEST
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14	28		## LEGISLATIVE COUNSEL'S DIGEST
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16	30		SB 70, Bates. Real estate: Uniform Standards of Professional Appraisal Practice.
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18	32		Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.
19	33
20	34		Existing law, the Real Estate Law, provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. That law makes the Uniform Standards of Professional Appraisal Practice the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards.
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22	36		This bill would instead provide that until January 1, 2020, a licensee is not required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client, if certain requirements are met, including that the consent of the client is obtained in advance.
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24	38		## Digest Key
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26	40		## Bill Text
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28	42		The people of the State of California do enact as follows:SECTION 1. Section 11319 of the Business and Professions Code is amended to read:11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
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30	44		The people of the State of California do enact as follows:
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32	46		## The people of the State of California do enact as follows:
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34	48		SECTION 1. Section 11319 of the Business and Professions Code is amended to read:11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
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36	50		SECTION 1. Section 11319 of the Business and Professions Code is amended to read:
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38	52		### SECTION 1.
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40	54		11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
41	55
42	56		11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
43	57
44	58		11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:(1) The licensee obtains the consent of the client in advance.(2) The report the licensee prepares is not related to any of the following:(A) A federally related real estate transaction.(B) The purchase or refinance of a residential dwelling of one to four units.(C) A transaction subject to Section 10232.5.(3) The report does all of the following:(A) Clearly identifies all intended users.(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.
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48	62		11319. (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for a licensee in any work or service performed that is addressed by those standards. If a licensee also is certified by the Board of Equalization, he or she shall follow the standards established by the Board of Equalization when fulfilling his or her responsibilities for assessment purposes.
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50	64		(b) Until January 1, 2020, and notwithstanding subdivision (a), a licensee shall not be required to comply with provisions of the Uniform Standards of Professional Appraisal Practice that provide a limitation on restricted appraisal reports to intended users other than or in addition to the client if all of the following are met:
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52	66		(1) The licensee obtains the consent of the client in advance.
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54	68		(2) The report the licensee prepares is not related to any of the following:
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56	70		(A) A federally related real estate transaction.
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58	72		(B) The purchase or refinance of a residential dwelling of one to four units.
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60	74		(C) A transaction subject to Section 10232.5.
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62	76		(3) The report does all of the following:
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64	78		(A) Clearly identifies all intended users.
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66	80		(B) States that the opinions and conclusions set forth in the report may not be understood properly without additional information that is in the appraisers workfile.
67	81
68	82		(C) States that there may be assumptions that the appraiser has not verified that may significantly impact the appraised value of the subject of the report.