California 2009-2010 Regular Session Status: To Executive

SB 1427 — Foreclosures: property maintenance.

Last action — Chaptered by Secretary of State. Chapter 527, Statutes of 2010.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, until January 1, 2013, requires a legal owner to maintain vacant residential property purchased at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. Existing law authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day per violation. This bill would require a governmental entity, prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is purchased at a foreclosure sale, or that is acquired through foreclosure, to provide the owner of that property with a notice of the violation and an opportunity to correct the violation. This notice requirement would not apply if the governmental entity determines that a specific condition of the property threatens public health or safety. The bill would further provide that the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject to a notice of default, that is purchased at a foreclosure sale, or acquired through foreclosure, shall not exceed the actual and reasonable costs of nuisance abatement. This bill would also prohibit a governmental entity from imposing an assessment or lien for the costs of nuisance abatement prior to the adoption of those costs by the elected officials of that governmental entity at a public hearing.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 527, Statutes of 2010.

  2. Approved by Governor.

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

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4651.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 71. Noes 0. Page 6056.) To Senate.

  7. Read second time. To Consent Calendar.

  8. Read second time. Amended. To second reading.

  9. (Heard in committee on June 29.)

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

  11. Set, first hearing. Hearing canceled at the request of author.

  12. To Com. on JUD.

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

  14. Read third time. Passed. (Ayes 29. Noes 0. Page 3651.) To Assembly.

  15. Read second time. Amended. To third reading.

  16. From committee: Do pass as amended. (Ayes 4. Noes 0. Page 3444.)

  17. Set for hearing May 4.

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

  19. To Com. on JUD.

  20. From print. May be acted upon on or after March 22.

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

Sponsors

  • Price · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Price

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

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 1000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Cogdill — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Dutton — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Wyland — Yea
Ducheny — Not Voting
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Hollingsworth — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Simitian — Yea
Walters — Not Voting
Wiggins — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 81 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 750010
Democratic 3000
Republican 3000
Total 810010
% of votes cast 89%0%0%11%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
DeVore — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Hill — Not Voting
Lieu — Not Voting
Silva — Yea
Skinner — Yea
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Monning — Yea
Nielsen — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Yamada — Yea
Furutani — Not Voting
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 →

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

Official roll call →

Passed 30 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 27009
Democratic 2000
Republican 1000
Total 30009
% of votes cast 77%0%0%23%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Florez — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Runner — Yea
Wyland — Yea
Oropeza — Not Voting
Simitian — Yea
Wiggins — Not Voting
Aanestad — Not Voting
Alquist — Yea
Harman — Not Voting
Hollingsworth — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Not Voting
Wright — Yea
Cedillo — Yea
Cogdill — Not Voting
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Leno — Yea
Walters — Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 1427 do?
Existing law, until January 1, 2013, requires a legal owner to maintain vacant residential property purchased at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. Existing law authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day per violation. This bill would require a governmental entity, prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is purchased at a foreclosure sale, or that is acquired through foreclosure, to provide the owner of that property with a notice of the violation and an opportunity to correct the violation. This notice requirement would not apply if the governmental entity determines that a specific condition of the property threatens public health or safety. The bill would further provide that the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject to a notice of default, that is purchased at a foreclosure sale, or acquired through foreclosure, shall not exceed the actual and reasonable costs of nuisance abatement. This bill would also prohibit a governmental entity from imposing an assessment or lien for the costs of nuisance abatement prior to the adoption of those costs by the elected officials of that governmental entity at a public hearing.
Who sponsors SB 1427?
SB 1427 is sponsored by Price.
What is the current status of SB 1427?
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 1427?
Track SB 1427 free on One Click Politics — get push/email alerts when it moves.

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