California 2011-2012 Regular Session Status: To Executive

AB 1216 — Land use: notice of proposed change: assisted housing developments.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Planning and Zoning Law requires an owner of an assisted housing development, as defined, to provide specified entities notice of an opportunity to submit an offer to purchase the development, containing specified information, prior to the termination of a subsidy contract applicable to, the prepayment of a mortgage on, the expiration of rental restrictions applicable to, or, under specified circumstances, the sale or disposition of, the development. That law authorizes these requirements to be enforced either in law or in equity by specified entities. This bill would additionally authorize any affected public entity, as defined, or any affected tenant, as defined, to enforce these requirements either in law or in equity. The Planning and Zoning Law requires an owner selling, leasing, or otherwise disposing of an assisted housing development, prior to the close of escrow, to certify that the owner has complied with specified provisions of that law. That law also requires this certification to be recorded, to contain a legal description of the property, and to be indexed, as specified, and authorizes the certification to be relied upon by good faith purchasers and encumbrances for value, as specified. This bill would prohibit a specified provision of that law from affecting the rights of a purchaser or encumbrancer for value who acts in good faith and without notice of a failure to comply with specified provisions of that law, regardless of whether the certification has been recorded.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 2496.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 18. Page 1959.).

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

  7. From committee: Do pass as amended. (Ayes 5. Noes 3.) (June 14).

  8. Referred to Com. on T. & H.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1469.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 6. Noes 3.) (May 11).

  13. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 2.) (April 27). Re-referred to Com. on L. GOV.

  14. Referred to Coms. on H. & C.D. and L. GOV.

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

  16. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Fuentes

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 1216 FUENTES Concurrence in Senate Amendments

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 492503
Republican 0200
Democratic 1000
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Butler — Yea
Carter — Yea
Alejo — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Not Voting
Gatto — Yea
Gordon — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Hall — Yea
Conway — Nay
Harkey — Nay
Fletcher — Nay
Hill — Yea
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Huber — Yea
Huffman — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Cedillo — Yea
Fong — Yea
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 →

3rd Reading AB1216 Fuentes By DeSaulnier

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191701
Democratic 2000
Republican 0100
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cannella — Nay
Dutton — Nay
Evans — Yea
Lowenthal — Yea
Fuller — Nay
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Huff — Nay
Blakeslee — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Runner — Nay
De León — Not Voting
Harman — Nay
Anderson — Nay
Correa — Nay
Simitian — Nay
Wright — Nay
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Walters — Nay
Corbett — Yea
Emmerson — 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 →

Do pass as amended.

Passed 5 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5301
Total 5301
% of votes cast 56%33%0%11%
How each member voted (9)
Member Party Vote
Lowenthal — Yea
Rubio — Not Voting
Huff — Nay
Kehoe — Yea
Harman — Nay
Pavley — Yea
Simitian — Yea
DeSaulnier — Yea
Beth Gaines — Nay

Official roll call →

AB 1216 FUENTES Assembly Third Reading

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 492503
Democratic 1000
Republican 0200
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Butler — Yea
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gatto — Yea
Hagman — Nay
Hall — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Logue — Nay
Mendoza — Yea
Carter — Yea
Monning — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Olsen — Nay
Perea — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Fletcher — Nay
Halderman — Nay
Alejo — Not Voting
Donnelly — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Valadao — Nay
Achadjian — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Nay
Lara — Yea
Ma — Not Voting
Mansoor — Nay
Nestande — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Torres — Yea
Wieckowski — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
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 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Gordon — Yea
Hueso — Yea
Davis — Yea
Campos — Yea
Norby — Nay
Smyth — Nay
Alejo — Yea
Bradford — Yea
Knight — Nay

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 1216 do?
The Planning and Zoning Law requires an owner of an assisted housing development, as defined, to provide specified entities notice of an opportunity to submit an offer to purchase the development, containing specified information, prior to the termination of a subsidy contract applicable to, the prepayment of a mortgage on, the expiration of rental restrictions applicable to, or, under specified circumstances, the sale or disposition of, the development. That law authorizes these requirements to be enforced either in law or in equity by specified entities. This bill would additionally authorize any affected public entity, as defined, or any affected tenant, as defined, to enforce these requirements either in law or in equity. The Planning and Zoning Law requires an owner selling, leasing, or otherwise disposing of an assisted housing development, prior to the close of escrow, to certify that the owner has complied with specified provisions of that law. That law also requires this certification to be recorded, to contain a legal description of the property, and to be indexed, as specified, and authorizes the certification to be relied upon by good faith purchasers and encumbrances for value, as specified. This bill would prohibit a specified provision of that law from affecting the rights of a purchaser or encumbrancer for value who acts in good faith and without notice of a failure to comply with specified provisions of that law, regardless of whether the certification has been recorded.
Who sponsors AB 1216?
AB 1216 is sponsored by Fuentes.
What is the current status of AB 1216?
This bill died with 2011-2012 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 AB 1216?
Track AB 1216 free on One Click Politics — get push/email alerts when it moves.

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