BILL NUMBER: AB 33	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 8, 2010
	AMENDED IN SENATE  AUGUST 25, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 10, 2009

INTRODUCED BY   Assembly Member Nava

                        DECEMBER 1, 2008

    An act to amend Sections 11302 and 11310 of, and to
amend, repeal, and add Sections 10000, 10050, 11301, and 11313 of,
the Business and Professions Code, to amend, repeal, and add Sections
25005 and 31004 of the Corporations Code, to amend Sections 4970 and
23001 of, to amend and repeal Section 252 of, to amend, repeal, and
add Sections 112, 210, 4805.055, 5104, 5106, 12003, 14003, 17002,
18002, 18002.5, 22005, 30002, 31055, and 33045.5 of, to add Sections
23002 and 50003.5 to, and to add Division 0.5 (commencing with
Section 25) and Division 20.5 (commencing with Section 55000) to, the
Financial Code, and to amend Section 11552 of, and to amend, repeal,
and add Sections 13975 and 13978.6 of, the Government Code, relating
to financial services, and making an appropriation therefor.
  An act relating to sex offenders. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 33, as amended, Nava.  Financial services. 
 Sex offenders.  
   Existing law generally regulates parole.  
   This bill would express the intent of the Legislature to enact
legislation to strengthen California's parole requirements for sex
offenders who are convicted of crimes against a minor.  

   Existing law establishes the Department of Financial Institutions,
the Department of Corporations, the Department of Real Estate, and
the Office of Real Estate Appraisers in the Business, Transportation
and Housing Agency.  
   Existing law provides for the licensing and regulation of, among
others, banks, credit unions, and other financial institutions by the
Commissioner of Financial Institutions. Existing law provides for
the licensing and regulation of, among others, residential mortgage
lenders and finance lenders by the Commissioner of Corporations.
Existing law provides for the licensing and regulation of, among
others, real estate brokers and salespersons by the Real Estate
Commissioner. Existing law provides for the licensure and regulation
of real estate appraisers by the Director of the Office of Real
Estate Appraisers. Existing law provides for the Real Estate Fund, a
continuously appropriated fund, for purposes of providing funding for
the regulation and enforcement of the Real Estate Law. 

   This bill would do the following, effective July 1, 2011: (1)
establish a new Department of Financial Services (DFS) in the
Business, Transportation and Housing Agency (BTHA), (2) designate the
chief officer of DFS as the Commissioner of Financial Services, (3)
transfer the powers, duties, purposes, jurisdiction,
responsibilities, and functions of the Department of Corporations
(DOC) and Department of Financial Institutions (DFI) to 2 new
divisions under the DFS, the Division of Corporations and the
Division of Financial Institutions, (4) designate the Commissioner of
Corporations and the Commissioner of Financial Institutions as the
directors of the Division of Corporations and the Division of
Financial Institutions, respectively, (5) establish a new Office of
Financial and Real Estate Consumer Advocacy within the DFS, and (6)
transfer authority over real estate appraisers to the Department of
Real Estate (DRE) under the Real Estate Law.  
   This bill would, effective July 1, 2012, transfer from the DRE to
the Division of Corporations the authority to license, regulate,
enforce, and discipline real estate licensees engaged in residential
real estate financial services, as specified. The bill would, by July
1, 2011, require the Commissioner of Financial Services to, among
other things, adopt or amend regulations and rules to implement this
transfer. The bill would establish the Real Estate Financial Services
Fund and the Real Estate Financial Services Recovery Account within
the fund, both with continuously appropriated funds, and would direct
that a specified percentage of licensure fees paid by those
licensees engaging in residential real estate financial services be
deposited in the recovery account. The bill would authorize an
aggrieved person with a final judgment against a licensee to file an
application, that includes a statement under penalty of perjury, with
the Division of Corporations for payment from the recovery account.
The bill would make these provisions relating to the fund and the
account operative on July 1, 2012. By creating a continuously
appropriated fund and account, the bill would make an appropriation.
By expanding the crime of perjury, the bill would impose a
state-mandated local program.  
   In order to implement the above provisions, this bill would
require the Secretary of the BTHA, in consultation with DFI, DOC,
DRE, and the Office of Real Estate Appraisers, to, on or before
January 1, 2011, report to the Legislature and make specified
recommendations regarding the consolidation of these entities and
their respective operations. This bill would appropriate $150,000
from the General Fund portions of the Real Estate Fund to the
Secretary of the BTHA to fund the reports, thereby making an
appropriation. The bill would make findings and declarations in this
regard, and would make technical and conforming changes to related
provisions and definitions.  
   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. 
   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
enact legislation to strengthen California's parole requirements for
sex offenders who are convicted of crimes against a minor.  All
matter omitted in this version of the bill appears in the bill as
amended in the Senate August 25, 2009. (JR11)