California 2011-2012 Regular Session Status: Enacted

AB 1084 — Veterans' farm and home purchases: shared equity cooperative housing.

Last action — Chaptered by Secretary of State - Chapter 377, Statutes of 2011.

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  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 18, 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 8 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 law provides for farm and home purchase benefits for qualifying veterans under the Veterans' Farm and Home Purchase Act of 1943, and subsequent acts, which are collectively referred to as the CalVet Home Loan program. Existing law defines "cooperative housing corporation" for purposes of this program to mean a real estate development in which membership in the corporation, by stock, is coupled with the exclusive right to possess a portion of the real property. The bill would expand the definition of cooperative housing corporation to include a shared equity cooperative. The California National Guard Members' Farm and Home Purchase Act of 1978, administered by the Department of Veterans Affairs, provides for farm and home purchase benefits for designated members of the California National Guard. The California National Guard Members' Revenue Bond Act of 1978 authorizes, and prescribes a procedure for, the issuance of debentures for home, farm, and mobilehome loans under the California National Guard Members' Farm and Home Purchase Act of 1978. The California National Guard Members' Revenue Bond Act of 1978 creates the California National Guard Members' Farm and Home Building Fund of 1978, and creates special accounts in that fund, including, but not limited to, the National Guard Members' Revenue Bond Revenue Account. This bill would require all moneys in the California National Guard Members' Farm and Home Building Fund of 1978 and in any account created in that fund that are not needed to meet revenue bond obligations to be deposited into the Veterans' Farm and Home Building Fund of 1943 within 30 days of the effective date of this bill. This bill would also require any revenues that would have otherwise been required to be deposited into the California National Guard Members' Farm and Home Building Fund of 1978, or any other account in that fund, to be deposited into the Veterans' Farm and Home Building Fund of 1943. This bill would continuously appropriate all moneys deposited into the Veterans' Farm and Home Building Fund of 1943 pursuant to this bill to the department, and would authorize those moneys to be used by the department to make shared equity cooperative housing loans. This bill would, 30 days after the effective date of this bill, repeal the California National Guard Members' Farm and Home Purchase Act of 1978 and the California National Guard Members' Revenue Bond Act of 1978, except as provided. The Veterans' Farm and Home Purchase Act of 1974 (act) authorizes the Department of Veterans Affairs to assist veterans in acquiring homes and farms by generally providing that the department may purchase a farm or home which the department then sells to a purchaser, as defined. The act includes in the definition of "home" a condominium, a mobilehome, and a residence with 2 or 4 units occupied by veterans and their families. The act requires, before the purchase of any property by the Department of Veterans Affairs, that an appraisement of the market value of the property be filed with the department by an employee or authorized agent of the department, the Federal Housing Administration, or the Veteran's Administration. The act requires the purchaser to make an initial payment of at least 2% of the selling price of the property and requires a loan to be secured by a deed of trust. The act authorizes the department to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the home or farm in good order and repair if the purchaser fails to do so. The act also authorizes the department to add the costs of the purchaser's failure to act onto the selling price of the property and authorizes the department to seek repayment from the purchaser for these costs. The act authorizes the department to cancel a contract, forfeiting all rights of the purchaser, if the purchaser does not comply with any terms of the purchase contract. This bill would expand the definition of "home" to include a cooperative dwelling unit, as defined. This bill would define property, except when used in the phrase "real property" or "personal property," as a farm or a home. This bill would also make changes conforming to those definitions. This bill would authorize the appraisement of the market value of the property to also be filed by an appraiser licensed or certified in this state. This bill would allow the department to require a higher amount than 2% of the selling price of the property as an initial payment, and would authorize the department to allow another form of security, other than a deed of trust, to secure a loan. This bill would authorize the department to add the costs of a stock corporation's failure to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the property in good order and repair to the selling price of the property and would authorize the department to seek repayment from the stock corporation for these costs. This bill would require the department to allow a stock cooperative to cure any failure by a purchaser to comply with the terms of the purchase contract. This bill would require that a purchaser's right to occupy the property under its contract with the department not be subject to consent or approval by the stock cooperative, and would require that a stock cooperative enter into an agreement directly with the department as a condition of taking title to a cooperative dwelling unit. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 377, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Enrolled measure version corrected.

  5. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3087.).

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2362.).

  8. Read second time. Ordered to third reading.

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

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

  11. From committee: Do pass as amended. (Ayes 9. Noes 0.) (August 25).

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

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28).

  15. In committee: Hearing postponed by committee.

  16. Referred to Com. on V.A.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1498.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 15. Noes 1.) (May 11).

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on APPR.

  22. Referred to Com. on V.A.

  23. From printer. May be heard in committee March 22.

  24. Read first time. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Davis

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

AB 1084 DAVIS Concurrence - Urgency Added

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Republican 2000
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Halderman — Yea
Portantino — Yea
Feuer — Yea
Allen — Yea
Fuentes — Yea
Furutani — Yea
Bonilla — Yea
Gatto — Yea
Fong — Yea
Fletcher — Yea
Campos — Yea
Gordon — Yea
Conway — Yea
Gorell — Not Voting
Davis — Yea
Hall — Yea
Achadjian — Yea
Beall — Yea
Block — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Hagman — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Knight — Yea
Atkins — Yea
Logue — Yea
Butler — Yea
Pan — Yea
Perea — Yea
Valadao — Yea
Carter — Yea
Bradford — Yea
Cedillo — Yea
Cook — Yea
Dickinson — Yea
Wagner — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Chesbro — Yea
Eng — Yea
Donnelly — Yea
Galgiani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1084 Davis By Lieu Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Harman — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Leno — Not Voting
Corbett — Yea
Correa — Yea
Dutton — Yea
Vargas — Yea
Walters — Not Voting
Wright — Not Voting
Simitian — Yea
Wolk — Yea
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Lieu — Yea
Walters — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Emmerson — Yea

Official roll call →

AB 1084 DAVIS Assembly Third Reading

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 69008
Democratic 1000
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Carter — Yea
Garrick — Yea
Hagman — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Hill — Yea
Huffman — Yea
Conway — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Wagner — Yea
Williams — Yea
Yamada — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Gordon — Yea
Gorell — Not Voting
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Not Voting
Harkey — Yea
Hayashi — Yea
Knight — Not Voting
Lara — Not Voting
Mendoza — Yea
Miller — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Cook — Not Voting
Davis — Yea
Donnelly — Not Voting
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Silva — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Logue — Yea
Ma — Not Voting
Mansoor — Not Voting
Nielsen — Yea
Pan — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14101
Democratic 1000
Total 15101
% of votes cast 88%6%0%6%
How each member voted (17)
Member Party Vote
Gatto — Yea
Harkey — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Hill — Yea
Donnelly — Not Voting
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

housing veterans
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Frequently asked questions

What does AB 1084 do?
Existing law provides for farm and home purchase benefits for qualifying veterans under the Veterans' Farm and Home Purchase Act of 1943, and subsequent acts, which are collectively referred to as the CalVet Home Loan program. Existing law defines "cooperative housing corporation" for purposes of this program to mean a real estate development in which membership in the corporation, by stock, is coupled with the exclusive right to possess a portion of the real property. The bill would expand the definition of cooperative housing corporation to include a shared equity cooperative. The California National Guard Members' Farm and Home Purchase Act of 1978, administered by the Department of Veterans Affairs, provides for farm and home purchase benefits for designated members of the California National Guard. The California National Guard Members' Revenue Bond Act of 1978 authorizes, and prescribes a procedure for, the issuance of debentures for home, farm, and mobilehome loans under the California National Guard Members' Farm and Home Purchase Act of 1978. The California National Guard Members' Revenue Bond Act of 1978 creates the California National Guard Members' Farm and Home Building Fund of 1978, and creates special accounts in that fund, including, but not limited to, the National Guard Members' Revenue Bond Revenue Account. This bill would require all moneys in the California National Guard Members' Farm and Home Building Fund of 1978 and in any account created in that fund that are not needed to meet revenue bond obligations to be deposited into the Veterans' Farm and Home Building Fund of 1943 within 30 days of the effective date of this bill. This bill would also require any revenues that would have otherwise been required to be deposited into the California National Guard Members' Farm and Home Building Fund of 1978, or any other account in that fund, to be deposited into the Veterans' Farm and Home Building Fund of 1943. This bill would continuously appropriate all moneys deposited into the Veterans' Farm and Home Building Fund of 1943 pursuant to this bill to the department, and would authorize those moneys to be used by the department to make shared equity cooperative housing loans. This bill would, 30 days after the effective date of this bill, repeal the California National Guard Members' Farm and Home Purchase Act of 1978 and the California National Guard Members' Revenue Bond Act of 1978, except as provided. The Veterans' Farm and Home Purchase Act of 1974 (act) authorizes the Department of Veterans Affairs to assist veterans in acquiring homes and farms by generally providing that the department may purchase a farm or home which the department then sells to a purchaser, as defined. The act includes in the definition of "home" a condominium, a mobilehome, and a residence with 2 or 4 units occupied by veterans and their families. The act requires, before the purchase of any property by the Department of Veterans Affairs, that an appraisement of the market value of the property be filed with the department by an employee or authorized agent of the department, the Federal Housing Administration, or the Veteran's Administration. The act requires the purchaser to make an initial payment of at least 2% of the selling price of the property and requires a loan to be secured by a deed of trust. The act authorizes the department to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the home or farm in good order and repair if the purchaser fails to do so. The act also authorizes the department to add the costs of the purchaser's failure to act onto the selling price of the property and authorizes the department to seek repayment from the purchaser for these costs. The act authorizes the department to cancel a contract, forfeiting all rights of the purchaser, if the purchaser does not comply with any terms of the purchase contract. This bill would expand the definition of "home" to include a cooperative dwelling unit, as defined. This bill would define property, except when used in the phrase "real property" or "personal property," as a farm or a home. This bill would also make changes conforming to those definitions. This bill would authorize the appraisement of the market value of the property to also be filed by an appraiser licensed or certified in this state. This bill would allow the department to require a higher amount than 2% of the selling price of the property as an initial payment, and would authorize the department to allow another form of security, other than a deed of trust, to secure a loan. This bill would authorize the department to add the costs of a stock corporation's failure to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the property in good order and repair to the selling price of the property and would authorize the department to seek repayment from the stock corporation for these costs. This bill would require the department to allow a stock cooperative to cure any failure by a purchaser to comply with the terms of the purchase contract. This bill would require that a purchaser's right to occupy the property under its contract with the department not be subject to consent or approval by the stock cooperative, and would require that a stock cooperative enter into an agreement directly with the department as a condition of taking title to a cooperative dwelling unit. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1084?
AB 1084 is sponsored by Davis.
What is the current status of AB 1084?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1084?
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