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AB-1018 Real estate appraisers.(2019-2020)

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Date Published: 06/19/2019 09:00 PM
AB1018:v95#DOCUMENT

Amended  IN  Senate  June 19, 2019
Amended  IN  Senate  June 03, 2019
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1018


Introduced by Assembly Member Frazier

February 21, 2019


An act to amend Sections Section 7196.1 and 11302 of, and to add Section 7195.7 to, the Business and Professions Code, relating to real estate appraisal.


LEGISLATIVE COUNSEL'S DIGEST


AB 1018, as amended, Frazier. Real estate appraisers.
Existing law, the Real Estate Appraisers’ Licensing and Certification Law, establishes the Bureau of Real Estate Appraisers for the licensure, regulation, and discipline of real estate appraisers. Existing law prohibits a person from engaging in federally related real estate appraisal activity governed by the Real Estate Appraisers’ Licensing and Certification Law or assuming or using the title of or any title designation or abbreviation as a licensed appraiser in the state without an active license. Existing law provides that a person who willfully violates this provision is guilty of a public offense punishable, as specified.

Under existing law, “appraisal” means the act or process of developing an opinion of value for real property. Existing law excludes from the term “appraisal” an opinion given by a real estate licensee, engineer, or land surveyor in the ordinary course of their business in connection with a function for which a license is required for those professions. Existing law prohibits these opinions from being referred to as an appraisal.

This bill would also exclude from the term “appraisal” the opinion given by a home inspector in the ordinary course of their business, as specified.

Existing law defines and regulates the activities of home inspectors and specifies that this law does not exempt a home inspector from other provisions that define and regulate the activities of architects, professional engineers, contractors, and structural pest control operators.
The This bill would prohibit a home inspector from giving an opinion of valuation on a property. The bill would specify that the law regulating home inspectors does not exempt a home inspector from law regulating real estate appraisers. The bill would prohibit a licensed real estate appraiser performing a real estate appraisal from acting as a home inspector performing a home inspection except as required to comply with professional standards. standards set forth in law or regulation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7195.7 is added to the Business and Professions Code, to read:

7195.7.
 A home inspector shall not give an opinion of valuation on a property.

SEC. 2.

 Section 7196.1 of the Business and Professions Code is amended to read:

7196.1.
 (a) Nothing in this chapter shall be construed to allow home inspectors who are not registered engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering, or to exempt a home inspector from Chapter 3 (commencing with Section 5500), Chapter 7 (commencing with Section 6700), Chapter 9 (commencing with Section 7000), Chapter 14 (commencing with Section 8500) of Division 3, or Part 3 (commencing with Section 11300) of Division 4.
(b) This chapter does not apply to a registered engineer, licensed land surveyor, or licensed architect acting pursuant to their professional registration or license, nor does it affect the obligations of a real estate licensee or transferor under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 3 of Division 2 of, or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3 of, the Civil Code.
(c) Except as required to comply with professional standards, standards set forth in law or regulation, a real estate appraiser licensed under Part 3 (commencing with Section 11300) of Division 4, performing a real estate appraisal, shall not engage in the activity of a home inspector performing a house home inspection.

SEC. 3.Section 11302 of the Business and Professions Code is amended to read:
11302.

For the purpose of this part, the following terms, unless otherwise expressly indicated, have the following definitions:

(a)“Affiliate” means any entity that controls, is controlled by, or is under common control with another entity.

(b)“Appraisal” means the act or process of developing an opinion of value for real property.

The term “appraisal” does not include an opinion given by a real estate licensee, home inspector, engineer, or land surveyor in the ordinary course of their business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700), Chapter 9.3 (commencing with Section 7195), or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500), and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related.

(c)“Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.

(d)(1)“Appraisal management company” means any person or entity that satisfies all of the following conditions:

(A)Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates.

(B)Provides those services in connection with valuing a consumer’s principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations.

(C)Within a given 12-calendar-month period oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more state-certified or state-licensed appraisers in two or more states, as described in Section 11345.5.

(2)An appraisal management company does not include a department or division of an entity that provides appraisal management services only to that entity.

(3)An appraisal management company that is a subsidiary of an insured depository institution and regulated by a federal financial institution is not required to register with the bureau.

(e)“Appraisal management services” means one or more of the following:

(1)Recruiting, selecting, and retaining appraisers.

(2)Contracting with state-certified or state-licensed appraisers to perform appraisal assignments.

(3)Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed.

(4)Reviewing and verifying the work of appraisers.

(f)“Appraiser panel” means a network, list, or roster of licensed or certified appraisers approved by an appraisal management company to perform appraisals as independent contractors for the appraisal management company. Appraisers on an appraisal management company’s “appraiser panel” under this part include both appraisers accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions, and appraisers engaged by the appraisal management company to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this part if the appraiser is treated as an independent contractor by the appraisal management company for purposes of federal income taxation.

(g)“Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(h)“Consumer credit” means credit offered or extended to a consumer primarily for personal, family, or household purposes.

(i)“Controlling person” means one or more of the following:

(1)An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company.

(2)An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals.

(3)An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company.

(j)“Course provider” means a person or entity that provides educational courses related to professional appraisal practice.

(k)“Covered transaction” means any consumer credit transaction secured by the consumer’s principal dwelling.

(l)“Creditor” means:

(1)A person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a downpayment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract.

(2)A person regularly extends consumer credit if, in any 12-month period, the person originates more than one credit extension for transactions secured by a dwelling.

(m)“Department” means the Department of Consumer Affairs.

(n)“Director” or “chief” means the Chief of the Bureau of Real Estate Appraisers.

(o)“Dwelling” means:

(1)A residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobilehome, and trailer, if it is used as a residence.

(2)A consumer can have only one “principal” dwelling at a time. Thus, a vacation or other second home is not a principal dwelling. However, if a consumer buys or builds a new dwelling that will become the consumer’s principal dwelling within a year or upon the completion of construction, the new dwelling is considered the principal dwelling for purposes of this section.

(p)“Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, and any other agency determined by the director to have jurisdiction over transactions subject to this part.

(q)“Federally regulated appraisal management company” means an appraisal management company that is owned and controlled by an insured depository institution, as defined in Section 1813 of Title 12 of the United States Code and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation.

(r)“Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity.

(s)“Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for, or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency.

(t)“License” means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state.

(u)“Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license.

(v)“Office” or “bureau” means the Bureau of Real Estate Appraisers.

(w)“Registration” means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company.

(x)“Secondary mortgage participant” means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities. Secondary mortgage market participant only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of a guarantor, insurer, underwriter, or issuer for the mortgage-backed security.

(y)“State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part.

(z)“Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation.