California 2017-2018 Regular Session Status: Enacted

SB 812 — Property taxation: tax-defaulted property sales: minimum price.

Last action — Chaptered by Secretary of State. Chapter 601, Statutes of 2017.

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

This bill has been enacted into law. Introduced March 22, 2017. 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 6 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

Under existing property tax law, taxes, assessments, penalties, and costs on real property, except as specified, become default by operation of law on July 1 at 12:01 a.m. Five years or more, or 3 years or more in the case of nonresidential commercial property, after the property has become tax defaulted, existing property tax law requires the tax collector to attempt to sell all or any portion of tax-defaulted property that has not been redeemed, as provided. Existing property tax law requires that the minimum price of tax-defaulted property at a tax sale generally be an amount not less than the total amount necessary to redeem, plus costs and the outstanding balance of any property tax postponement loan, determined as specified. If the property or property interests do not receive an acceptable bid at this minimum price, existing property tax law authorizes the tax collector, in his or her discretion and with the approval of the board of supervisors, to offer that same property or those interests at the same or next scheduled sale at a minimum price that the tax collector deems appropriate, as specified. This bill would prohibit the current owner of tax-defaulted property subject to sale from purchasing that property, directly or indirectly, below the minimum price determined as described above. The bill would prohibit a transfer of a deed to the purchaser if the property is purchased, directly or indirectly, by the current owner for lower than the minimum price determined as described above. By imposing new duties on local tax collectors with respect to sales of tax-defaulted property, the 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 the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 601, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2353.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 76. Noes 0. Page 2771.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

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

  10. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 19).

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

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

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 39. Noes 0. Page 1074.) Ordered to the Assembly.

  16. Read second time. Ordered to consent calendar.

  17. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  18. Set for hearing May 15.

  19. May 8 hearing postponed by committee.

  20. Set for hearing May 8.

  21. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 885.) (April 26). Re-referred to Com. on APPR.

  22. Set for hearing April 26.

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

  24. From printer. May be acted upon on or after April 22.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Governance and Finance · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Committee on Governance and Finance

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

Special Consent Calendar # SB812 GOV. & F.

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hill — Yea
Newman — Yea
Vidak — Yea
De León — Yea
Mitchell — Yea
Cannella — Yea
Dodd — Yea
Allen — Yea
Galgiani — Yea
Atkins — Yea
Glazer — Yea
Portantino — Not Voting
Hernandez — Yea
Hertzberg — Yea
Hueso — Not Voting
Bates — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Not Voting
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 812 GOV.& F. Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 14001
Republican 6000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Voepel — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gloria — Yea
Gray — Yea
Harper — Yea
Bocanegra — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Not Voting
Medina — Yea
Melendez — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 0001
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Quirk — Yea
Friedman — Yea
Fong — Yea
McCarty — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Chau — Yea
Eggman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Republican 1000
Democratic 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Brough — Not Voting
Quirk — Yea
Burke — Yea
Mullin — Yea
Ridley-Thomas — Yea
Bocanegra — Yea
Dababneh — Yea
Travis Allen — Yea
Gipson, Mike A. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Consent Calendar 2nd SB812 GOV. & F.

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Hill — Yea
Lara — Yea
Moorlach — Yea
Roth — Yea
Vidak — Not Voting
Wilk — Yea
Cannella — Yea
Dodd — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Atkins — Yea
Hueso — Yea
Mitchell — Yea
Allen — Yea
Leyva — Yea
De León — Yea
Portantino — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Newman — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does SB 812 do?
Under existing property tax law, taxes, assessments, penalties, and costs on real property, except as specified, become default by operation of law on July 1 at 12:01 a.m. Five years or more, or 3 years or more in the case of nonresidential commercial property, after the property has become tax defaulted, existing property tax law requires the tax collector to attempt to sell all or any portion of tax-defaulted property that has not been redeemed, as provided. Existing property tax law requires that the minimum price of tax-defaulted property at a tax sale generally be an amount not less than the total amount necessary to redeem, plus costs and the outstanding balance of any property tax postponement loan, determined as specified. If the property or property interests do not receive an acceptable bid at this minimum price, existing property tax law authorizes the tax collector, in his or her discretion and with the approval of the board of supervisors, to offer that same property or those interests at the same or next scheduled sale at a minimum price that the tax collector deems appropriate, as specified. This bill would prohibit the current owner of tax-defaulted property subject to sale from purchasing that property, directly or indirectly, below the minimum price determined as described above. The bill would prohibit a transfer of a deed to the purchaser if the property is purchased, directly or indirectly, by the current owner for lower than the minimum price determined as described above. By imposing new duties on local tax collectors with respect to sales of tax-defaulted property, the 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 the statutory provisions noted above.
Who sponsors SB 812?
SB 812 is sponsored by Committee on Governance and Finance.
What is the current status of SB 812?
This bill has been enacted into law. Introduced March 22, 2017. Enacted.
Where can I track SB 812?
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