California 2013-2014 Regular Session Status: Enacted

AB 1513 — Residential property: possession by declaration.

Last action — Chaptered by Secretary of State - Chapter 666, Statutes of 2014.

  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 January 15, 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 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 allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons. Existing law provides that every person who willfully commits a trespass is guilty of a misdemeanor. This bill would allow an owner of residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino, or an agent of the property owner, to register vacant real property with the local law enforcement agency and to execute, under penalty of perjury, a Declaration of Ownership of Residential Real Property. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would further allow the property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential Real Property with the local law enforcement agency of the jurisdiction in which the property is located. The bill would require the property owner to post the filed declaration on the property listed in the declaration. The bill would require the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person's right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner's agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. The bill would allow the property owner, or an agent of the property owner, to file an action for a temporary restraining order and injunctive relief against a person who is found on the property not less than 48 hours after that person has been so notified. The bill would provide that a property owner, or an agent of the property owner, who files a declaration that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, vacates the property, for damages, as specified. By imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program. The bill would provide that its provisions apply only to 1 to 4-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino. This bill would provide that its provisions would be operative until January 1, 2018. This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 666, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 1. Page 6653.).

  5. Assembly Rule 77 suspended. (Ayes 55. Noes 24. Page 6646.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4902.).

  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 7. Noes 0.) (August 4).

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 24).

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 3. Page 5008.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 16. Noes 0.) (May 14).

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 29).

  22. Re-referred to Com. on JUD.

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

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Measure version as amended on April 8 corrected.

  26. Re-referred to Com. on JUD.

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

  28. From committee: Be re-referred to Com. on JUD. Re-referred. (Ayes 11. Noes 0.) (April 7). Re-referred to Com. on JUD.

  29. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  30. Re-referred to Com. on PUB. S.

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

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Referred to Com. on PUB. S.

  34. From printer. May be heard in committee February 15.

  35. Read first time. To print.

Sponsors

  • Fox · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Fox

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 1513 FOX Concurrence in Senate Amendments

Passed 75 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 68103
Democratic 4000
Republican 3000
Total 75103
% of votes cast 95%1%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Quirk — Yea
Rodriguez — Yea
Skinner — Not Voting
Ting — Not Voting
Waldron — Yea
Weber — Yea
Cooley — Yea
Gordon — Yea
Allen — Yea
Lowenthal — Yea
Gorell — Yea
Hagman — Yea
Garcia — Yea
Holden — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bigelow — Yea
Dababneh — Yea
Daly — Yea
Logue — Yea
Nazarian — Yea
Olsen — Yea
Ridley-Thomas — Yea
Wilk — Yea
Bonilla — Yea
Fox — Yea
Gatto — Yea
Bocanegra — Yea
Harkey — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Campos — Yea
Chau — Yea
Levine — Yea
Chesbro — Yea
Medina — Yea
Ammiano — Not Voting
Chávez — Yea
Conway — Yea
Donnelly — Yea
Eggman — Yea
Melendez — Yea
Mullin — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
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 →

3rd Reading AB1513 Fox 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
Hernandez — Yea
Huff — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Cannella — Yea
Wright — Not Voting
Mitchell — Yea
De León — Yea
Fuller — Yea
Hancock — Not Voting
Hill — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Lara — Yea
Liu — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Corbett — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Not Voting
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 as amended.

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

Official roll call →

AB 1513 FOX Assembly Third Reading

Passed 68 Yea · 3 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 61308
Democratic 4000
Republican 3000
Total 68308
% of votes cast 86%4%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Mansoor — Not Voting
Olsen — Yea
Pan — Yea
Perea — Yea
Ridley-Thomas — Yea
Skinner — Not Voting
Williams — Yea
Frazier — Yea
Gomez — Yea
Allen — Yea
Gorell — Yea
Garcia — Yea
Hall — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Dababneh — Yea
Bonilla — Yea
Bigelow — Yea
Daly — Yea
Harkey — Yea
Holden — Yea
Logue — Yea
Medina — Yea
Quirk — Yea
Rodriguez — Yea
Waldron — Yea
Wilk — Yea
Gatto — Yea
Levine — Yea
Melendez — Yea
Maienschein — Yea
Bocanegra — Yea
Mullin — Yea
Salas — Yea
Nazarian — Not Voting
Campos — Yea
Nestande — Not Voting
Chau — Yea
John A. Pérez — Not Voting
Lowenthal — Not Voting
Rendon — Yea
Ting — Nay
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Ammiano — Nay
Chesbro — Not Voting
Chávez — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Not Voting
Eggman — Yea
Fox — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
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.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Republican 1000
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Quirk — Yea
Wagner — Yea
Campos — Yea
Holden — Yea
Bocanegra — Yea
Linder — Yea
Pan — Yea
Eggman — Yea
Ridley-Thomas — Yea
Weber — Yea
Gomez — Yea
Donnelly — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Be referred to Committee on Judiciary.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Brown — Yea
Quirk — Yea
Wilk — Yea
Hagman — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Chávez — Yea
Dababneh — Yea
Waldron — Yea
Gordon — Yea
Lorena Gonzalez — Yea

Official roll call →

Subjects

public-safety 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 1513 do?
Existing law allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons. Existing law provides that every person who willfully commits a trespass is guilty of a misdemeanor. This bill would allow an owner of residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino, or an agent of the property owner, to register vacant real property with the local law enforcement agency and to execute, under penalty of perjury, a Declaration of Ownership of Residential Real Property. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would further allow the property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential Real Property with the local law enforcement agency of the jurisdiction in which the property is located. The bill would require the property owner to post the filed declaration on the property listed in the declaration. The bill would require the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person's right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner's agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. The bill would allow the property owner, or an agent of the property owner, to file an action for a temporary restraining order and injunctive relief against a person who is found on the property not less than 48 hours after that person has been so notified. The bill would provide that a property owner, or an agent of the property owner, who files a declaration that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, vacates the property, for damages, as specified. By imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program. The bill would provide that its provisions apply only to 1 to 4-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino. This bill would provide that its provisions would be operative until January 1, 2018. This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1513?
AB 1513 is sponsored by Fox.
What is the current status of AB 1513?
This bill has been enacted into law. Introduced January 15, 2014. Enacted.
Where can I track AB 1513?
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