California 2013-2014 Regular Session Status: Enacted

AB 2257 — Property tax: tax-defaulted property: excess proceeds from sale.

Last action — Chaptered by Secretary of State - Chapter 501, Statutes of 2014.

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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 21, 2014. 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 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

Existing 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. Existing law requires the proceeds from the sale of tax-defaulted property to be deposited in the delinquent tax sale trust fund, and requires the proceeds in the fund to be distributed to the state, to the county for reimbursement of specified costs relating to the sale of the tax-defaulted property, and among taxing agencies, as provided. Existing law requires any proceeds remaining in the delinquent tax sale trust fund after distribution of the proceeds to be retained in the fund subject to being claimed by parties of interest, as provided. Existing law requires, at the expiration of one year following the recordation of the tax deed to the purchaser, that any excess proceeds not claimed be distributed among taxing agencies, as provided. This bill would eliminate the requirement that any excess proceeds not claimed be distributed among taxing agencies, and would instead authorize any excess proceeds to be transferred to the county general fund at the expiration of a specified time period. Existing law authorizes any party of interest to file with the county a claim for the excess proceeds from the sale of tax-defaulted property, as specified, at any time prior to the expiration of one year following the recordation of the tax collector's deed to the purchaser. Existing law prohibits the excess proceeds from being distributed to the parties of interest, as specified, sooner than one year following the recordation of the tax collector's deed to the purchaser. This bill would prohibit the distribution of any excess proceeds to the parties of interest as described above if the board of supervisors has been petitioned to rescind the tax sale, as specified, and would instead require the excess proceeds to be distributed no sooner than one year following the date the board of supervisors determines the tax sale should not be rescinded, and only if the person who petitioned the board of supervisors has not commenced a proceeding in court, as specified. If a proceeding has been commenced in a court, this bill would prohibit any excess proceeds from being distributed until final court order has been issued. By changing the manner in which excess proceeds from the sale of tax-defaulted are distributed by local county officials to parties of interest, 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 501, Statutes of 2014.

  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 36. Noes 0. Page 4723.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 7. Noes 0.) (August 4).

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 6. Noes 0.) (June 25). 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 73. Noes 0. Page 5112.)

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 14).

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 28).

  17. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 9. Noes 0.) (April 9). Re-referred to Com. on REV. & TAX.

  18. Referred to Coms. on L. GOV. and REV. & TAX.

  19. Read first time.

  20. From printer. May be heard in committee March 25.

  21. Introduced. To print.

Sponsors

  • Cooley · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Cooley

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 AB2257 Cooley By Correa

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Morrell — Yea
Pavley — Yea
Torres — Yea
Cannella — Yea
Hernandez — Yea
Liu — Yea
Block — Yea
Wyland — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Corbett — Yea
Galgiani — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
Wright — Not Voting
Walters — Not Voting
Beall — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Not Voting
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Lara — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2257 COOLEY Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 66006
Democratic 4000
Republican 3000
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Rodriguez — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Allen — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Campos — Yea
Chesbro — Yea
Gorell — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Levine — Yea
Logue — Yea
Bocanegra — Yea
Medina — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Nazarian — Yea
Olsen — Yea
Chávez — Yea
Alejo — Yea
Bigelow — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Bonilla — Not Voting
Harkey — Not Voting
Chau — Yea
Melendez — Not Voting
Nestande — Not Voting
Fox — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Ridley-Thomas — Yea
Weber — Yea
Bocanegra — Yea
Campos — Yea
Holden — Yea
Quirk — Yea
Wagner — Yea
Donnelly — Yea
Linder — Yea
Pan — Yea
Eggman — Yea
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican 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 2257 do?
Existing 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. Existing law requires the proceeds from the sale of tax-defaulted property to be deposited in the delinquent tax sale trust fund, and requires the proceeds in the fund to be distributed to the state, to the county for reimbursement of specified costs relating to the sale of the tax-defaulted property, and among taxing agencies, as provided. Existing law requires any proceeds remaining in the delinquent tax sale trust fund after distribution of the proceeds to be retained in the fund subject to being claimed by parties of interest, as provided. Existing law requires, at the expiration of one year following the recordation of the tax deed to the purchaser, that any excess proceeds not claimed be distributed among taxing agencies, as provided. This bill would eliminate the requirement that any excess proceeds not claimed be distributed among taxing agencies, and would instead authorize any excess proceeds to be transferred to the county general fund at the expiration of a specified time period. Existing law authorizes any party of interest to file with the county a claim for the excess proceeds from the sale of tax-defaulted property, as specified, at any time prior to the expiration of one year following the recordation of the tax collector's deed to the purchaser. Existing law prohibits the excess proceeds from being distributed to the parties of interest, as specified, sooner than one year following the recordation of the tax collector's deed to the purchaser. This bill would prohibit the distribution of any excess proceeds to the parties of interest as described above if the board of supervisors has been petitioned to rescind the tax sale, as specified, and would instead require the excess proceeds to be distributed no sooner than one year following the date the board of supervisors determines the tax sale should not be rescinded, and only if the person who petitioned the board of supervisors has not commenced a proceeding in court, as specified. If a proceeding has been commenced in a court, this bill would prohibit any excess proceeds from being distributed until final court order has been issued. By changing the manner in which excess proceeds from the sale of tax-defaulted are distributed by local county officials to parties of interest, 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 2257?
AB 2257 is sponsored by Cooley.
What is the current status of AB 2257?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2257?
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