BILL NUMBER: AB 1796 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2010
INTRODUCED BY Assembly Member Hall
FEBRUARY 10, 2010
An act to add Section 11345.8 to the Business and Professions
Code, relating to real estate appraisers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1796, as amended, Hall. Appraisal management companies.
Existing law, the Real Estate Appraisers' Licensing and
Certification Law, provides for the licensure and regulation of real
estate appraisers and vests the duty of enforcing and administering
that law in the Office of Real Estate Appraisers. Existing law
requires appraisal management companies, as defined, to register with
the Office of Real Estate Appraisers, and subjects those entities to
the provisions of the Real Estate Appraisers' Licensing and
Certification Law.
This bill would require the Director of the Office of Real Estate
Appraisers to adopt specified regulations governing appraisal
management companies.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. In 2009, the Legislature enacted Senate Bill 237
(Chapter 173 of the Statutes of 2009) to require appraisal management
companies (AMCs) to register with the Office of Real Estate
Appraisers (OREA) and be subject to the provisions of the Real Estate
Appraisers' Licensing and Certification Law (Part 3 (commencing with
Section 11300) of Division 4 of the Business and Professions Code).
The Legislature finds and declares that further delineation of the
authority of OREA is necessary to clarify its ability to regulate the
activities of AMCs.
SEC. 2. Section 11345.8 is added to the Business and Professions
Code, to read:
11345.8. The director shall adopt regulations governing
appraisal management company activities, including, but not limited
to, include in the next set of regulations that are
adopted following enactment of this section, guidance regarding
the following:
(a) Use Assignment of out-of-area
appraisers by appraisal management companies .
(b) Timeliness The appraisal management
company role in timeliness and accuracy of employed or
retained appraisers' work product.
(c) Conflict of interest guidelines regarding referrals from a
controlling lender or title company.
(c) Conflicts of interest.
(d) Maintenance of policies by appraisal management companies
that ensure compliance with the requirements of Section 1090.5
of the Civil Code.