California 2011-2012 Regular Session Status: Enacted

AB 261 — Property tax: tax-defaulted property.

Last action — Chaptered by Secretary of State - Chapter 288, Statutes of 2011.

  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 07, 2011. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Under existing law, when tax-defaulted property is sold, the deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, with specified exceptions including an exception for specified easements. This bill would provide that easements of any kind, including prescriptive easements, are included within those specified exceptions to the conveyance of title free of encumbrances. Existing law provides that a proceeding based on alleged invalidity or irregularity of any proceedings instituted in a sale of tax-defaulted property can only be commenced within one year after the date of execution of the tax collector's deed. Existing law authorizes the board of supervisors to rescind the sale of property sold by tax deed by the tax collector, as provided, when it is determined that the property should not have been sold. This bill would for sales completed on or after January 1, 2012, instead require any person wishing to have a tax deed sold by the tax collector rescinded due to alleged invalidity or irregularity of any proceeding to first petition the board of supervisors, as provided, to have the tax sale rescinded before the proceeding described above can be commenced in a court, and would require the court proceeding to be commenced within one year of the date the board of supervisors determines that the sale of property sold by a tax deed should not be rescinded. By imposing new duties upon county officials with respect to tax-defaulted property, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 288, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 12. Page 2084.).

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 29). Re-referred to Com. on APPR.

  9. Referred to Com. on GOV. & F.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 16. Page 1647.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 16. Noes 0.) (May 27).

  14. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  15. Read second time. Ordered to third reading.

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

  17. From committee: Do pass as amended. (Ayes 8. Noes 0.) (April 25).

  18. In committee: Hearing postponed by committee.

  19. Referred to Com. on REV. & TAX.

  20. From printer. May be heard in committee March 10.

  21. Read first time. To print.

Sponsors

  • Dickinson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Dickinson

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

3rd Reading AB261 Dickinson By DeSaulnier

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Democratic 2000
Republican 0100
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Rubio — Yea
Kehoe — Yea
Cannella — Yea
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Runner — Not Voting
Alquist — Yea
Harman — Not Voting
Huff — Yea
Leno — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 261 DICKINSON Assembly Third Reading

Passed 62 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 611402
Republican 0200
Democratic 1000
Total 621602
% of votes cast 78%20%0%3%
How each member voted (80)
Member Party Vote
Hagman — Nay
Feuer — Yea
Butler — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Cedillo — Yea
Williams — Yea
Yamada — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Chesbro — Yea
Hall — Yea
Bonilla — Yea
Cook — Nay
Davis — Yea
Atkins — Yea
Harkey — Yea
Fletcher — Nay
Hueso — Yea
Beall — Yea
Dickinson — Yea
Huffman — Yea
Jeffries — Yea
Knight — Nay
Ma — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Nay
Norby — Yea
Olsen — Nay
Perea — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Gorell — Not Voting
Halderman — Nay
Conway — Nay
Morrell — Nay
Wagner — Nay
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Lara — Yea
Logue — Nay
Mansoor — Nay
Miller — Yea
Pan — Yea
Swanson — Yea
Torres — Yea
Eng — Yea
Donnelly — Nay
Fuentes — Yea
Furutani — Yea
Garrick — Not Voting
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Davis — Yea
Donnelly — Not Voting
Hill — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Norby — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Cedillo — Yea
Donnelly — Not Voting
Gordon — Yea
Harkey — Yea
Beall — Yea
Nestande — Yea
Perea — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

taxation 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 261 do?
Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Under existing law, when tax-defaulted property is sold, the deed conveys title to the purchaser free of all encumbrances of any kind existing before the sale, with specified exceptions including an exception for specified easements. This bill would provide that easements of any kind, including prescriptive easements, are included within those specified exceptions to the conveyance of title free of encumbrances. Existing law provides that a proceeding based on alleged invalidity or irregularity of any proceedings instituted in a sale of tax-defaulted property can only be commenced within one year after the date of execution of the tax collector's deed. Existing law authorizes the board of supervisors to rescind the sale of property sold by tax deed by the tax collector, as provided, when it is determined that the property should not have been sold. This bill would for sales completed on or after January 1, 2012, instead require any person wishing to have a tax deed sold by the tax collector rescinded due to alleged invalidity or irregularity of any proceeding to first petition the board of supervisors, as provided, to have the tax sale rescinded before the proceeding described above can be commenced in a court, and would require the court proceeding to be commenced within one year of the date the board of supervisors determines that the sale of property sold by a tax deed should not be rescinded. By imposing new duties upon county officials with respect to tax-defaulted property, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 261?
AB 261 is sponsored by Dickinson.
What is the current status of AB 261?
This bill has been enacted into law. Introduced February 07, 2011. Enacted.
Where can I track AB 261?
Track AB 261 free on One Click Politics — get push/email alerts when it moves.

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