California 2009-2010 Regular Session Status: To Executive

AB 1718 — Taxation: property tax deferment.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file a claim with the Controller to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payment directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the certificate, as provided. Existing law required these payments to be made out of specified funds appropriated to the Controller, as specified, and also required repaid property tax postponement payments to be transferred, as specified, to the General Fund. Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. This bill would establish the County Deferred Property Tax Program for Senior Citizens and Disabled Citizens, authorize a county to elect to participate in the program by adopting a resolution indicating the county's intention to participate in and administer the program, and specify that the requirements of a county or county officials set forth in the bill are conditioned upon the county's passage of the above-described resolution. Under the program, a participating county would be authorized to defer a claimant's property taxes retroactively, for property taxes due on or before February 20, 2010, and prospectively, as specified. This bill would require a claimant, as defined, to use the application form of a county to initiate participation in the program. The bill would authorize the county treasurer or county tax collector to review the claimant's application for program participation, as specified, and, if the claimant is eligible, and if there are sufficient funds within the county's Property Tax Deferral Fund, which this bill would require a participating county to establish within its treasury, to (1) defer property taxes on the claimant's residential dwelling for that fiscal year, (2) issue a subvention payment to that county, in an amount equivalent to the amount of the deferred property taxes, from the county's Property Tax Deferral Fund, (3) direct the county auditor to apportion that subvention payment in the same manner as if the property taxes had been paid, and (4) provide a letter or other written notice to the claimant, noting the relevant fiscal year of participation, for use as written confirmation of participation. The bill would authorize the county treasurer of a participating county, if he or she makes a specified determination, upon the adoption of a specified resolution by that county's board of supervisors, to deposit specified funds in the county treasury for the purpose of investment of those funds in the county's Property Tax Deferral Fund. This bill would require the amount of property taxes deferred, plus any interest accrued thereon, to be secured by a county property tax lien, as specified. The bill would also require the lien to be evidenced by a notice of lien, and various county officials to process and record the notice of lien, as specified. The bill would require a participating county to charge a claimant a specified adjusted rate of interest on the amount owed for the deferment of property taxes. The bill would require the amount secured by the lien to be increased to reflect the accrual of interest on the property taxes deferred, or decreased by the amount of any payment made to reduce the amount secured by the lien, as specified. The bill would provide procedures for the release of the lien if the obligation is paid in full or otherwise discharged, and would require all amounts owed by a claimant under the program to become due immediately under specified circumstances. This bill would authorize a participating county to charge an application fee to the claimant to offset the actual costs of administering the program, and would require the fee proceeds to be deposited in an account within the county's Property Tax Deferral Fund, to be used exclusively for those administrative costs. The bill would require the letter or other written confirmation of participation in the program provided by the county to be considered as evidence of program participation.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 25. Page 6954.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 21. Noes 13. Page 5087.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  9. (Ayes 22. Noes 13. Page 5058.)

  10. Senate Rule 29.3(b) suspended.

  11. Re-referred to Com. on RLS.

  12. Ordered to third reading.

  13. From committee: Return to Senate floor for consideration. (Ayes 6. Noes 2.)

  14. From committee: Be re-referred to Com. on B., F. & I. pursuant to Senate Rule 29.10. (Ayes 3. Noes 2.) Re-referred to Com. on B., F. & I.

  15. Re-referred to Com. on REV. & TAX.

  16. From committee: Be re-referred to Coms. on REV. & TAX and B., F. & I. (Ayes 3. Noes 0.)

  17. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  18. Read second time. To third reading.

  19. Read third time, amended. To second reading.

  20. Read second time. To third reading.

  21. (Received August 13 pursuant to Joint Rule 61(b)(14).)

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  24. In committee: Hearing postponed by committee.

  25. In committee: Hearing postponed by committee.

  26. Read second time and amended. Re-referred to Com. on APPR.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 30).

  28. From committee: Do pass, and re-refer to Com. on B., F. & I. Re-referred. (Ayes 3. Noes 0.) (June 23).

  29. Referred to Coms. on REV. & TAX. and B., F. & I.

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

  31. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 5492.)

  32. Read second time. To third reading.

  33. (Corrected June 2.)

  34. Read second time and amended. Ordered returned to second reading.

  35. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  36. In committee: Set, first hearing. Referred to APPR. suspense file.

  37. Joint Rule 62(a), file notice suspended.

  38. Re-referred to Com. on APPR.

  39. Read second time and amended.

  40. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 20).

  41. In committee: Hearing postponed by committee.

  42. Re-referred to Com. on JUD.

  43. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  44. In committee: Hearing postponed by committee.

  45. Referred to Com. on JUD.

  46. From printer. May be heard in committee March 5.

  47. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Blumenfield · Primary
  • Correa · Cosponsor
  • Huffman · Cosponsor
  • Ma · Cosponsor
  • Torres · Cosponsor
  • Yamada · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 4 voted No

Sponsors (1)

  • Blumenfield

Co-sponsors (6)

  • Alquist
  • Correa
  • Huffman
  • Ma
  • Torres
  • Yamada

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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

W/O REF. TO FILE AB1718 Blumenfield By Lowenthal

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211204
Republican 0100
Democratic 1001
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Nay
Cogdill — Nay
Correa — Nay
Harman — Nay
Huff — Nay
Blakeslee — Not Voting
Dutton — Nay
Oropeza — Not Voting
Walters — Nay
Wiggins — Not Voting
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Nay
Hollingsworth — Nay
Kehoe — Yea
Wolk — Yea
Wyland — Nay
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1718 Blumenfield Concurrence in Senate Amendments

Passed 60 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 562602
Democratic 3000
Republican 1101
Total 602703
% of votes cast 67%30%0%3%
How each member voted (90)
Member Party Vote
Hall — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Evans — Yea
Fuentes — Yea
Fuller — Nay
Charles — Yea
Galgiani — Yea
Garrick — Nay
Gilmore — Nay
Hagman — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Tom — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Fletcher — Nay
Block — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Davis — Yea
Huber — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Audra — Not Voting
Jeffries — Not Voting
Nielsen — Nay
Norby — Nay
Silva — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Ma — Yea
Miller — Nay
Nestande — Nay
Skinner — Yea
Smyth — Nay
Torlakson — Yea
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

AB 1718 BLUMENFIELD Assembly Third Reading

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 3000
Republican 2001
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Charles — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
DeVore — Yea
Knight — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Audra — Not Voting
Ma — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Lieu — Not Voting
Logue — Yea
Mendoza — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
Charles — Yea
Harkey — Yea
Miller — Yea
Monning — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Ammiano — Yea
Bradford — Yea
Nielsen — Yea
Torlakson — Yea
Torrico — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 1718 do?
The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file a claim with the Controller to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payment directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the certificate, as provided. Existing law required these payments to be made out of specified funds appropriated to the Controller, as specified, and also required repaid property tax postponement payments to be transferred, as specified, to the General Fund. Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. This bill would establish the County Deferred Property Tax Program for Senior Citizens and Disabled Citizens, authorize a county to elect to participate in the program by adopting a resolution indicating the county's intention to participate in and administer the program, and specify that the requirements of a county or county officials set forth in the bill are conditioned upon the county's passage of the above-described resolution. Under the program, a participating county would be authorized to defer a claimant's property taxes retroactively, for property taxes due on or before February 20, 2010, and prospectively, as specified. This bill would require a claimant, as defined, to use the application form of a county to initiate participation in the program. The bill would authorize the county treasurer or county tax collector to review the claimant's application for program participation, as specified, and, if the claimant is eligible, and if there are sufficient funds within the county's Property Tax Deferral Fund, which this bill would require a participating county to establish within its treasury, to (1) defer property taxes on the claimant's residential dwelling for that fiscal year, (2) issue a subvention payment to that county, in an amount equivalent to the amount of the deferred property taxes, from the county's Property Tax Deferral Fund, (3) direct the county auditor to apportion that subvention payment in the same manner as if the property taxes had been paid, and (4) provide a letter or other written notice to the claimant, noting the relevant fiscal year of participation, for use as written confirmation of participation. The bill would authorize the county treasurer of a participating county, if he or she makes a specified determination, upon the adoption of a specified resolution by that county's board of supervisors, to deposit specified funds in the county treasury for the purpose of investment of those funds in the county's Property Tax Deferral Fund. This bill would require the amount of property taxes deferred, plus any interest accrued thereon, to be secured by a county property tax lien, as specified. The bill would also require the lien to be evidenced by a notice of lien, and various county officials to process and record the notice of lien, as specified. The bill would require a participating county to charge a claimant a specified adjusted rate of interest on the amount owed for the deferment of property taxes. The bill would require the amount secured by the lien to be increased to reflect the accrual of interest on the property taxes deferred, or decreased by the amount of any payment made to reduce the amount secured by the lien, as specified. The bill would provide procedures for the release of the lien if the obligation is paid in full or otherwise discharged, and would require all amounts owed by a claimant under the program to become due immediately under specified circumstances. This bill would authorize a participating county to charge an application fee to the claimant to offset the actual costs of administering the program, and would require the fee proceeds to be deposited in an account within the county's Property Tax Deferral Fund, to be used exclusively for those administrative costs. The bill would require the letter or other written confirmation of participation in the program provided by the county to be considered as evidence of program participation.
Who sponsors AB 1718?
AB 1718 is sponsored by Alquist, Blumenfield, Correa, Huffman, Ma, Torres, and Yamada.
What is the current status of AB 1718?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1718?
Track AB 1718 free on One Click Politics — get push/email alerts when it moves.

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