BILL ANALYSIS
AB 33
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 33 (Nava) - As Amended: March 24, 2009
Policy Committee: Banking and
Finance Vote: 11-0
Business and Professions 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill consolidates the three state financial regulatory and
enforcement agencies into a single agency called the Department
of Financial Services. Specifically, the bill:
1)Abolishes the Department of Corporations (DOC), Department of
Real Estate (DRE), Department of Financial Institutions (DFI)
and Office of Real Estate Appraisers (OREA), and transfers
their powers and responsibilities to DFS.
2)Replaces the commissioners of each agency with a single
commissioner of financial services.
3)Specifies that licensing fees and other revenue sources to
existing funds will continued to be used solely for the
purposes of each fund.
FISCAL EFFECT
1)Unknown but potentially moderate near-term costs (several
hundreds of thousands of dollars) associated with the
consolidating agencies, revising regulations, and integrating
systems.
2)Unknown potential long term savings, to the extent the
consolidation results in more streamlined services and
operating efficiencies.
COMMENTS
AB 33
Page 2
1)Background . Regulation of the financial industry, and in
particular, real estate lending, is divided among four
agencies in California: DOC regulates residential mortgage
lenders and finance lenders; DFI regulates state chartered
banks and credit unions; DRE is responsible for regulating
real estate agents and brokers; and OREA regulates appraisers.
The author asserts that the present system results in consumer
confusion and dilutes regulatory authority and power.
2)Rationale . This bill is intended to streamline and simplify
the financial regulatory oversight in California, by
consolidating operations into a single agency. The author
indicates that the bill is generally consistent with
recommendations made in 2005 as part of the governor's
California Performance Review.
3)First step. The bill would be only the first step in a
meaningful consolidation of the agencies. It revises
references in the code and establishes guidelines regarding
the use of licensing fees. However, the impact of the
consolidation would depend on the many operational details
which would need to follow.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081