California 2011-2012 Regular Session Status: Enacted

AB 2314 — Real property: blight.

Last action — Chaptered by Secretary of State - Chapter 201, Statutes of 2012.

  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 24, 2012. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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, 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, until January 1, 2013, authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation. Existing law, until January 1, 2013, requires a governmental entity that seeks to impose those fines and penalties to give notice of the claimed violation and an opportunity to correct the violation at least 14 days prior to imposing the fines and penalties, and to allow a hearing for contesting those fines and penalties. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely. (2) The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city, county, or city and county, or a specified environmental agency, to enforce within its jurisdiction all of the State Housing Law, the building standards published in the State Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days' notice to abate the nuisance, to institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. This bill would prohibit an enforcement agency from commencing any action or proceeding until at least 60 days after a person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency in its sole discretion, as specified, if the person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008. This bill would require any entity that releases a lien securing a deed of trust or mortgage on a property for which a notice of pendency of action, as defined, has been recorded against the property, as specified, to notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien. (3) Existing law authorizes, among other things, the enforcement agency to seek and the court to order imposition of specified penalties or the enforcement agency, tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for a substandard building, if the owner of the property fails to comply within a reasonable time with the terms of an order or notice. This bill would authorize a court to require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 201, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:10 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5840.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4321.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 4. Noes 0.) (June 26).

  12. Read second time and amended. Re-referred to Com. on JUD.

  13. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 12).

  14. Referred to Coms. on T. & H. and JUD.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 4671.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 7. Noes 0.) (April 25).

  20. From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 10. Noes 0.) (April 17). Re-referred to Com. on H. & C.D.

  21. Re-referred to Com. on JUD.

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

  23. Re-referred to Coms. on JUD. and H. & C.D. pursuant to Assembly Rule 96.

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

  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 27.

  29. Introduced. To print.

Sponsors

  • Carter · Primary
  • Mitchell · Cosponsor
  • Davis · Cosponsor
  • Eng · Cosponsor
  • Pavley · Cosponsor
  • Skinner · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Carter

Co-sponsors (5)

  • Mitchell
  • Davis
  • Eng
  • Pavley
  • Skinner

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 2314 CARTER Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 0001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Halderman — Yea
Butler — Yea
Eng — Yea
Fong — Yea
Feuer — Yea
Allen — Yea
Fuentes — Yea
Carter — Yea
Gatto — Yea
Gorell — Yea
Hagman — Yea
Huber — Yea
Logue — Yea
Cedillo — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Campos — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Hall — Yea
Chesbro — Yea
Harkey — Yea
Hayashi — Yea
Block — Yea
Donnelly — Not Voting
Jeffries — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Not Voting
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Torres — Yea
Wagner — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #15 AB2314 Carter By Pavley

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Wyland — Yea
Hancock — Yea
Hernandez — Yea
Huff — Yea
Lowenthal — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Yee — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Runner — Not Voting
Alquist — Yea
Corbett — Yea
Dutton — Yea
Price — Yea
Anderson — Yea
Harman — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

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
Corbett — Yea
Blakeslee — Not Voting
Harman — Yea
Leno — Yea
Evans — Yea

Official roll call →

AB 2314 CARTER Assembly Third Reading

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 70007
Republican 1001
Democratic 0001
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Eng — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Gorell — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Halderman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Chesbro — Yea
Ammiano — Yea
Block — Yea
Conway — Yea
Cook — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Yamada — Yea
Atkins — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Campos — Yea
Hall — Not Voting
Lara — Yea
Monning — Yea
Morrell — Yea
Smyth — Not Voting
Wieckowski — Yea
Silva — Yea
Skinner — Yea
Torres — Yea
Valadao — Yea
Wagner — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Buchanan — Yea
Brownley — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Solorio — Yea
Swanson — Yea
Williams — Not Voting
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Furutani — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Fong — Yea
Atkins — Yea
Hueso — Yea
Torres — Yea
Bradford — Yea
Jeffries — Yea
Beth Gaines — Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2314 do?
(1) 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, until January 1, 2013, authorizes a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation. Existing law, until January 1, 2013, requires a governmental entity that seeks to impose those fines and penalties to give notice of the claimed violation and an opportunity to correct the violation at least 14 days prior to imposing the fines and penalties, and to allow a hearing for contesting those fines and penalties. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely. (2) The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city, county, or city and county, or a specified environmental agency, to enforce within its jurisdiction all of the State Housing Law, the building standards published in the State Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days' notice to abate the nuisance, to institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. This bill would prohibit an enforcement agency from commencing any action or proceeding until at least 60 days after a person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency in its sole discretion, as specified, if the person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008. This bill would require any entity that releases a lien securing a deed of trust or mortgage on a property for which a notice of pendency of action, as defined, has been recorded against the property, as specified, to notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien. (3) Existing law authorizes, among other things, the enforcement agency to seek and the court to order imposition of specified penalties or the enforcement agency, tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for a substandard building, if the owner of the property fails to comply within a reasonable time with the terms of an order or notice. This bill would authorize a court to require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law.
Who sponsors AB 2314?
AB 2314 is sponsored by Carter, Mitchell, Davis, Eng, Pavley, and Skinner.
What is the current status of AB 2314?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2314?
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