Foreclosures: property maintenance.
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SB 1427 — Foreclosures: property maintenance.
Last action — Chaptered by Secretary of State. Chapter 527, Statutes of 2010.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
- Chaptered 09/29/10 - Chaptered Current pdf September 29, 2010
- Enrolled 08/23/10 - Enrolled pdf August 23, 2010
- Amended 08/02/10 - Amended Assembly pdf August 02, 2010
- Amended 05/12/10 - Amended Senate pdf May 12, 2010
- Amended 04/19/10 - Amended Senate pdf April 19, 2010
- Introduced 02/19/10 - Introduced pdf February 19, 2010
- SB1427 View text html
Action History
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Chaptered by Secretary of State. Chapter 527, Statutes of 2010.
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Approved by Governor.
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Enrolled. To Governor at 5 p.m.
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Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4651.) To enrollment.
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In Senate. To unfinished business.
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Read third time. Passed. (Ayes 71. Noes 0. Page 6056.) To Senate.
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Read second time. To Consent Calendar.
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Read second time. Amended. To second reading.
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(Heard in committee on June 29.)
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From committee: Do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.)
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Set, first hearing. Hearing canceled at the request of author.
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To Com. on JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 29. Noes 0. Page 3651.) To Assembly.
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Read second time. Amended. To third reading.
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From committee: Do pass as amended. (Ayes 4. Noes 0. Page 3444.)
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Set for hearing May 4.
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From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
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To Com. on JUD.
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From print. May be acted upon on or after March 22.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Price · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 4 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 35 | 0 | 0 | 4 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 75 | 0 | 0 | 10 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 81 | 0 | 0 | 10 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 9 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 30 | 0 | 0 | 9 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % 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 |
Subjects
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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