Real property disclosures: mining operations.
Summary
Existing law limits the liability of a transferor or listing or selling agent under certain conditions for failing to disclose natural hazards or to make other disclosures in specified property transactions if the error, inaccuracy, or omission was not within the personal knowledge of the transferor or the listing or selling agent and he or she acted in reliance upon a report or opinion prepared by a licensed engineer, land surveyor, geologist, or expert in natural hazard discovery dealing with matters within the scope of the professional's license or expertise. Existing law conditions this limitation in specified ways, including the requirement that when an expert responds to a request regarding natural hazards, that the expert determine whether the property is within an airport influence area, the jurisdiction of the San Francisco Bay Conservation and Development Commission, or designated farmland and, if so, existing law requires the expert to provide a specified notice or notices with his or her report. This bill would further condition the limitation on liability described above by requiring an expert, utilizing map coordinate data made available by the Office of Mine Reclamation, when responding to a request regarding natural hazards, to also determine whether the property is presently located within one mile of a parcel of real property subject to mine operations for which map coordinate data has been reported to the director. The bill would require, if the expert determines that the residential property is located within one mile of a mine operation, that the report contain a Notice of Mining Operations, as specified.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2011
Committee Review
Aug 2011
Senate Passage
May 2011
Assembly Passage
Jul 2011
Signed into Law
Sep 2011
Introduced Jan 14, 2011
Signed Sep 6, 2011
Floor votes · Senate Aug 15, 2011 · Assembly Jul 11, 2011
How they voted
37–0
Passed · 2 other
Total votes 39
Aug 15, 2011
D
Democratic24
95% Yea
R
Republican15
93% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
7
Committee
5
Amendments
2
Sep 6, 2011
Signed into law
Approved by the Governor.
legislature
Aug 15, 2011
Senate · Passed
Senate Vote: pass (37-0-2)
senate
Aug 15, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 1915.) Ordered to engrossing and enrolling.
upper
Jul 11, 2011
Assembly · Passed
Assembly Vote: pass (76-0-3)
assembly
Jul 11, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 1, 2011
Lower · Passed
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 28).
lower
Jun 21, 2011
Lower · Passed
Hearing postponed by committee.
lower
Jun 2, 2011
Committee
Referred to Com. on JUD.
lower
May 11, 2011
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0. Page 950.) (May 10).
upper
Feb 10, 2011
Committee
Referred to Com. on JUD.
upper
Jan 14, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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