California 2009-2010 Regular Session Status: To Executive

SB 1223 — Escrow agents.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the Escrow Law, provides for the licensure and regulation by the Commissioner of Corporations of persons engaged in business as escrow agents, unless specifically exempted from licensure. Under the Escrow Law, a "licensee" is defined as any person holding a valid, unrevoked license as an escrow agent, and an "escrow agent" is defined as any person engaged in the business of receiving escrows for deposit or delivery. A willful violation of the Escrow Law constitutes a crime. This bill would require a licensed escrow agent and any person acting as an escrow agent who is exempt from licensure under the Escrow Law to return or cause to be returned to the bidder all deposits and fees received from that bidder in connection with an auction sale of real property that has been the subject of a foreclosure sale, upon receipt of escrow instructions from the bidder and auctioneer or auction company directing the return of all funds placed on deposit by the bidder with that agent or person, except as specified. Existing law requires each person licensed under the Escrow Law to establish a bond with the commissioner and to participate as a member of Fidelity Corporation, a nonprofit mutual benefit corporation, established to indemnify its members against loss. This bill would require the surety or sureties of a bond established by an escrow agent to give notice to the commissioner and to Fidelity Corporation of any release, substitution, cancellation, withdrawal, or nonrenewal of a bond. Because a willful violation of these provisions would constitute a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 5 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4651.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 6180.) To Senate.

  8. Read second time. To Consent Calendar.

  9. (Heard in committee on August 4.)

  10. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  11. (Heard in committee on June 29.)

  12. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  13. (Heard in committee on June 21.)

  14. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 11. Noes 0.) Re-referred to Com. on JUD.

  15. Hearing postponed by committee.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & F.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & F.

  18. To Coms. on B. & F. and JUD.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 33. Noes 0. Page 3379.) To Assembly.

  21. Read second time. To Consent Calendar.

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

  23. Set for hearing April 26.

  24. From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 4. Noes 0. Page 3184.) Re-referred to Com. on APPR.

  25. Set for hearing April 13.

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  27. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 9. Noes 0.) Re-referred to Com. on JUD.

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  29. Set for hearing April 7.

  30. To Coms. on B., F. & I. and JUD.

  31. From print. May be acted upon on or after March 21.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Calderon

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

Unfinished Business SB1223 Calderon

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 2000
Republican 1000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Florez — Yea
Dutton — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Walters — Not Voting
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1223 Calderon Consent Calendar Second Day Regular Session

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 84001
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Bill — Yea
Tom — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Charles — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hagman — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Norby — Not Voting
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Coto — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — 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 →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Gatto — Yea
Charles — Yea
Hall — Yea
De — Yea
Leon — Yea
Harkey — Yea
Conway — Yea
Nielsen — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd SB1223 Calderon

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 0001
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Not Voting
Hancock — Yea
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Huff — Yea
Liu — Yea
Ashburn — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Wolk — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does SB 1223 do?
Existing law, the Escrow Law, provides for the licensure and regulation by the Commissioner of Corporations of persons engaged in business as escrow agents, unless specifically exempted from licensure. Under the Escrow Law, a "licensee" is defined as any person holding a valid, unrevoked license as an escrow agent, and an "escrow agent" is defined as any person engaged in the business of receiving escrows for deposit or delivery. A willful violation of the Escrow Law constitutes a crime. This bill would require a licensed escrow agent and any person acting as an escrow agent who is exempt from licensure under the Escrow Law to return or cause to be returned to the bidder all deposits and fees received from that bidder in connection with an auction sale of real property that has been the subject of a foreclosure sale, upon receipt of escrow instructions from the bidder and auctioneer or auction company directing the return of all funds placed on deposit by the bidder with that agent or person, except as specified. Existing law requires each person licensed under the Escrow Law to establish a bond with the commissioner and to participate as a member of Fidelity Corporation, a nonprofit mutual benefit corporation, established to indemnify its members against loss. This bill would require the surety or sureties of a bond established by an escrow agent to give notice to the commissioner and to Fidelity Corporation of any release, substitution, cancellation, withdrawal, or nonrenewal of a bond. Because a willful violation of these provisions would constitute a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1223?
SB 1223 is sponsored by Calderon.
What is the current status of SB 1223?
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 SB 1223?
Track SB 1223 free on One Click Politics — get push/email alerts when it moves.

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