SB 641 California Senate · 2025-2026 Regular Session

Department of Consumer Affairs and Department of Real Estate: states of emergency: waivers and exemptions.

Summary
Existing law establishes in the Business, Consumer Services, and Housing Agency the Department of Real Estate to license and regulate real estate licensees, and the Department of Consumer Affairs, which is composed of various boards that license and regulate various businesses and professions. This bill would authorize the Department of Real Estate and boards under the jurisdiction of the Department of Consumer Affairs to waive the application of certain provisions of the licensure requirements that the board or department is charged with enforcing for licensees and applicants who reside in or whose primary place of business is in a location damaged by a natural disaster for which a state of emergency is proclaimed by the Governor, as specified, or for which an emergency or major disaster is declared by the President of the United States, including certain examination, fee, and continuing education requirements. The bill would require a board to notify the director of the Department of Consumer Affairs in writing of any waiver approved by that board, and would prohibit the waiver from taking effect for a period of 5 business days after the director receives the notification from the board. The bill would authorize the director to approve or disapprove a waiver within the 5 business days described above, and require the director to notify the board of any decision to approve or disapprove a waiver within those 5 business days. The bill would prohibit a waiver from taking effect if the director disapproves the waiver, and require a waiver that is approved by the director, or that fails to be approved or disapproved by the director within the 5 business days described above, to take effect the following day. The bill would require the Department of Consumer Affairs to, among other things, post each waiver that takes effect on its website. The bill would exempt the above-described licensees of boards from, among other requirements, the payment of duplicate license fees. The bill would require all applicants and licensees of the boards under the Department of Consumer Affairs to provide the board with an email address. The bill would prohibit a contractor licensed pursuant to the Contractors State License Law from engaging in debris removal unless the contractor has one of specified license qualifications or has been authorized by the registrar of contractors during a declared state of emergency or for a declared disaster area due to a natural disaster. The bill would require a licensee authorized to perform debris removal to pass an approved hazardous substance certification examination, and comply with certain occupational safety and health requirements concerning hazardous waste operations and emergency response, as specified. The bill would require the Real Estate Commissioner, immediately upon the declaration of a natural disaster for which a state of emergency, emergency, or major disaster is proclaimed or declared as described above, to determine the nature and scope of any unlawful, unfair, or fraudulent practices, as specified, and provide specified notice to the public regarding those practices. The bill would authorize the commissioner to suspend or revoke a real estate license if the licensee, until one year following the declaration of a natural disaster for which a state of emergency, emergency, or major disaster is proclaimed or declared as described above, makes an unsolicited offer to an owner of real property to purchase or acquire an interest in the real property, when that property is located in an area included in a declared federal, state, or local emergency or disaster, for an amount less than the fair market value, as defined, of the property or interest of the property, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jul 2025
Senate Passage
Jun 2025
Assembly Passage
Sep 2025
Vetoed
Mar 2026
Introduced Feb 20, 2025 Vetoed Mar 2, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

09/04/25 - Amended Assembly 09/18/25 - Enrolled · 8 edits · Sep 18, 2025
MODERATE
The enrolled version of SB 641 narrows the bill's scope throughout from any declared federal, state, or local emergency or disaster to specifically natural disasters with a Governor-proclaimed state of emergency or Presidential declaration. It also removes a criminal misdemeanor penalty for unsolicited below-market-value real estate offers during emergencies, replacing it with a provision allowing the Real Estate Commissioner to extend the applicability period by one additional year. The Department of Real Estate is removed from the email address requirement, and a 'disaster area' definition is eliminated.
SCOPE

Throughout the bill (Sections 108.1, 122, 136, 7058.9, 10089, and 10176), the trigger for waivers, exemptions, and protections was narrowed from any 'declared federal, state, or local emergency or disaster' to specifically a natural disaster for which the Governor proclaims a state of emergency under Government Code Section 8625 or the President declares an emergency or major disaster.

Section 136.5 (email address requirement) no longer applies to the Department of Real Estate. It now only requires applicants and licensees of boards under the Department of Consumer Affairs to provide an email address to the board.

Section 7058.9(b) on debris removal authorization now requires the declared disaster area to be 'due to a natural disaster,' adding a qualifier not present in the prior version.

DEFINITION

The definition of 'disaster area' (an area for which a federal, state, or local emergency or disaster has been declared) in former Section 108.1(a) was removed entirely, eliminating that broader category from the bill.

ENFORCEMENT

The criminal misdemeanor penalty in Section 10176(n)(2) - which made it a crime punishable by up to $10,000 fine and six months imprisonment for anyone (including corporate officers, directors, agents, or employees) who violated the unsolicited below-market-value offer provision - was removed entirely.

A new Section 10176(n)(2) allows the Real Estate Commissioner to extend the applicability of the unsolicited offer prohibition for one additional year (total of two years following the declaration) if deemed necessary for protection of property owners and consumers.

REQUIREMENT

Section 10176(n)(1) now specifies that fair market value is measured 'as that value was the calendar day before the emergency or disaster,' providing a clear temporal reference point that was not in the prior version.

FISCAL

The state-mandated local program reimbursement section (former Section 9, which stated no reimbursement was required because the act created a new crime) was removed, consistent with the elimination of the criminal penalty.

Floor votes · Senate Jun 3, 2025 · Assembly Sep 12, 2025

How they voted

390
Passed · 1 other
Total votes 40
Jun 3, 2025
D Democratic30
29 Yea 1
96% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
13
Committee
5
Amendments
9
Mar 2, 2026
Vetoed
Veto sustained.
upper
Oct 13, 2025
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 13, 2025
Vetoed
Vetoed by the Governor.
upper
Sep 13, 2025
Upper · Passed
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3025.) Ordered to engrossing and enrolling.
upper
Sep 12, 2025
Assembly · Passed
Assembly Vote: pass (79-0)
assembly
Sep 12, 2025
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 12, 2025
Lower · Passed
Read third time. Urgency clause adopted. Passed. (Ayes 80. Noes 0. Page 3394.) Ordered to the Senate.
lower
Sep 4, 2025
Lower · Passed
Read third time and amended.
lower
Sep 2, 2025
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 29, 2025
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
lower
Jul 8, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (July 8). Re-referred to Com. on APPR.
lower
Jun 9, 2025
Committee
Referred to Com. on B. & P.
lower
Jun 3, 2025
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Jun 3, 2025
Upper · Passed
Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 1453.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 1207.) (May 23).
upper
Apr 30, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 945.) (April 29). Re-referred to Com. on APPR.
upper
Apr 9, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on PUB. S.
upper
Apr 8, 2025
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 10. Noes 0. Page 680.) (April 7).
upper
Mar 5, 2025
Committee
Referred to Coms. on B. P. & E.D. and PUB. S.
upper
Feb 20, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 11 co-sponsors

Sponsors