California 2017-2018 Regular Session Status: Passed Assembly

AB 166 — Building Homes and Jobs Act: recording fee: hardship refund.

Last action — In Senate. Held at Desk.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded, not to exceed $10 for the first page and $3 for each additional page, to reimburse a county for the costs of specified services relating to recording those documents. Existing law authorizes various additional recording fees for specified purposes. This bill would authorize a property owner to request a refund based on hardship of a fee, proposed to be imposed by SB 2, if he or she files a claim with the county recorder, in the county in which the fee was collected, that certifies under penalty of perjury that he or she meets specified criteria related to household income and the fee was levied and collected as part of a transaction to a refinance of the property that was the subject of the recording. By authorizing county recorders to issue a refund of this fee, this bill would make an appropriation. The bill would require the county recorder to deduct any amount issued for a refund from the amount to be remitted to the Department of Housing and Community Development and to annually report to the department on the number of hardship refunds granted pursuant to these provisions. By imposing new duties on local government officials with respect to the collection of the recording fee, and by expanding the scope of the crime of perjury, 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 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. In Senate. Held at Desk.

  2. Ordered to the Senate.

  3. Assembly Rule 63 suspended. (Page 3535.)

  4. From committee: That the Senate amendments be concurred in. (Ayes 4. Noes 2.) (September 16).

  5. Joint Rule 62(a), file notice suspended. (Page 3533.)

  6. Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 3004.).

  9. From committee: Do pass. (Ayes 5. Noes 2.) (September 15).

  10. Re-referred to Com. on APPR.

  11. Re-referred to Com. on RLS.

  12. Withdrawn from committee.

  13. From committee: Do pass and re-refer to Com. on T. & H. (Ayes 5. Noes 2.) (September 14). Re-referred to Com. on T. & H.

  14. Re-referred to Coms. on GOV. & F. and T. & H.

  15. Joint Rules 61 and 62 suspended. (Ayes 27. Noes 13. Page 2895.)

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

  17. Referred to Com. on RLS.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1807.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 17. Noes 0.) (May 26).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.

  24. Re-referred to Com. on E.S. & T.M.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  26. Referred to Com. on E.S. & T.M.

  27. From printer. May be heard in committee February 16.

  28. Read first time. To print.

Sponsors

  • Salas · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Salas

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

W/O REF. TO FILE AB166 Salas By Beall

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231002
Democratic 4100
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Leyva — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Fuller — Nay
Glazer — Yea
Allen — Yea
De León — Yea
Cannella — Nay
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Bates — Nay
Beall — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Newman — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Nielsen — Nay
Hill — Yea
Lara — Yea
Bates — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

AB 166 SALAS Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 55002
Democratic 16000
Republican 5002
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Yea
Mullin — Yea
Obernolte — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Eggman — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Rubio — Yea
O'Donnell — Yea
Salas — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Wood — Yea
Bocanegra — Yea
Chau — Not Voting
Gray — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Gomez — Yea
Kiley — Yea
Levine — Yea
Cooley — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
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
Fong, Mike 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 Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
McCarty — Yea
Bigelow — Yea
Obernolte — Yea
Quirk — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does AB 166 do?
Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded, not to exceed $10 for the first page and $3 for each additional page, to reimburse a county for the costs of specified services relating to recording those documents. Existing law authorizes various additional recording fees for specified purposes. This bill would authorize a property owner to request a refund based on hardship of a fee, proposed to be imposed by SB 2, if he or she files a claim with the county recorder, in the county in which the fee was collected, that certifies under penalty of perjury that he or she meets specified criteria related to household income and the fee was levied and collected as part of a transaction to a refinance of the property that was the subject of the recording. By authorizing county recorders to issue a refund of this fee, this bill would make an appropriation. The bill would require the county recorder to deduct any amount issued for a refund from the amount to be remitted to the Department of Housing and Community Development and to annually report to the department on the number of hardship refunds granted pursuant to these provisions. By imposing new duties on local government officials with respect to the collection of the recording fee, and by expanding the scope of the crime of perjury, 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 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 166?
AB 166 is sponsored by Salas.
What is the current status of AB 166?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 166?
Track AB 166 free on One Click Politics — get push/email alerts when it moves.

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