California 2009-2010 Regular Session Status: Enacted

AB 1246 — Workforce housing cooperative trust.

Last action — Chaptered by Secretary of State - Chapter 520, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law defines "limited-equity housing cooperative" to be a corporation that meets specified criteria. Existing law exempts a limited-equity housing cooperative from specified requirements for the regulation of transactions of subdivided lands. This bill would revise the definition of a "limited-equity housing cooperative" to also apply to a "workforce housing cooperative trust." The bill would exempt an entity as so defined from these provisions governing the regulation of transactions of subdivided land if, among other organizations, the Federal Home Loan Bank System or any of its member institutions and school districts directly finance or subsidize at least 50% of the total construction or development cost or $100,000, whichever is less. The bill also would exempt such an entity from these provisions if the real property to be occupied by the cooperative was sold or leased by the Department of Transportation, other state agency, a city, a county, or a school district for the development of the cooperative and has a regulatory agreement, as specified. (2) Existing law defines "limited-equity housing cooperative" to mean a corporation organized on a cooperative basis that meets specified requirements. This bill would revise the definition of a "limited-equity housing cooperative" to also apply to a "workforce housing cooperative trust." The bill would, except as provided, prohibit a board of directors from returning transfer value, either full or partial, to a member of the board while he or she still remains a member of the board, and would prohibit an existing member of the board of directors from accepting the return of his or her transfer value, either full or partial. The bill would authorize that, in any suit against a board of directors and its members based upon a breach of corporate or fiduciary duties or a failure to comply with specified requirements, a prevailing plaintiff recover reasonable attorney's fees and costs. The bill would prohibit an organization formed under the act that uses public funds from using any corporate funds to avoid compliance with its provisions, and from pursuing dissolution if the intent or outcome is for the members to receive any payment in excess of the transfer value to which he or she is entitled, pursuant to specified law. The bill would impose procedural requirements relating to the dissolution of a limited-equity housing cooperative or workforce housing cooperative trust that receives or has received a public subsidy. This bill also would provide for the manner in which a workforce housing cooperative trust is organized and operated, as specified. The bill would make technical and conforming changes to existing law.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 520, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5:15 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2704.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 1843.)

  7. (Corrected July 21.)

  8. Ordered to Special Consent Calendar.

  9. Read second time, amended, and to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (July 7).

  11. In committee: Hearing postponed by committee.

  12. In committee: Hearing postponed by committee.

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  15. Referred to Com. on T. & H.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1557.)

  18. Read second time. To Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (May 12).

  20. Re-referred to Com. on JUD.

  21. Read second time and amended.

  22. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 29).

  23. Re-referred to Com. on H. & C.D.

  24. (Corrected April 28.)

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  26. Referred to Coms. on H. & C.D. and JUD.

  27. Read first time.

  28. From printer. May be heard in committee March 30.

  29. Introduced. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Jones

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1246 JONES Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Bass — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #14 AB1246 Jones

Passed 36 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Democratic 2000
Republican 1000
Total 36005
% of votes cast 88%0%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Dutton — Yea
Florez — Yea
Ashburn — Yea
Benoit — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Hollingsworth — Yea
Liu — Yea
Maldonado — Not Voting
Romero — Not Voting
Wright — Not Voting
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Hollingsworth — Yea
Oropeza — Not Voting
Pavley — Yea
Wolk — Yea
Ashburn — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Simitian — Yea
DeSaulnier — Yea

Official roll call →

AB 1246 JONES Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 5000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Yamada — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Price — Not Voting
Skinner — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Not Voting
Davis — Yea
DeVore — Yea
Fuentes — Yea
Furutani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Tran — Yea
Brownley — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1246 do?
(1) Existing law defines "limited-equity housing cooperative" to be a corporation that meets specified criteria. Existing law exempts a limited-equity housing cooperative from specified requirements for the regulation of transactions of subdivided lands. This bill would revise the definition of a "limited-equity housing cooperative" to also apply to a "workforce housing cooperative trust." The bill would exempt an entity as so defined from these provisions governing the regulation of transactions of subdivided land if, among other organizations, the Federal Home Loan Bank System or any of its member institutions and school districts directly finance or subsidize at least 50% of the total construction or development cost or $100,000, whichever is less. The bill also would exempt such an entity from these provisions if the real property to be occupied by the cooperative was sold or leased by the Department of Transportation, other state agency, a city, a county, or a school district for the development of the cooperative and has a regulatory agreement, as specified. (2) Existing law defines "limited-equity housing cooperative" to mean a corporation organized on a cooperative basis that meets specified requirements. This bill would revise the definition of a "limited-equity housing cooperative" to also apply to a "workforce housing cooperative trust." The bill would, except as provided, prohibit a board of directors from returning transfer value, either full or partial, to a member of the board while he or she still remains a member of the board, and would prohibit an existing member of the board of directors from accepting the return of his or her transfer value, either full or partial. The bill would authorize that, in any suit against a board of directors and its members based upon a breach of corporate or fiduciary duties or a failure to comply with specified requirements, a prevailing plaintiff recover reasonable attorney's fees and costs. The bill would prohibit an organization formed under the act that uses public funds from using any corporate funds to avoid compliance with its provisions, and from pursuing dissolution if the intent or outcome is for the members to receive any payment in excess of the transfer value to which he or she is entitled, pursuant to specified law. The bill would impose procedural requirements relating to the dissolution of a limited-equity housing cooperative or workforce housing cooperative trust that receives or has received a public subsidy. This bill also would provide for the manner in which a workforce housing cooperative trust is organized and operated, as specified. The bill would make technical and conforming changes to existing law.
Who sponsors AB 1246?
AB 1246 is sponsored by Jones.
What is the current status of AB 1246?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1246?
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