California 2017-2018 Regular Session Status: Enacted

AB 3041 — Real estate transfer fees: prohibition.

Last action — Chaptered by Secretary of State - Chapter 306, Statutes of 2018.

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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 16, 2018. 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 4 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 various fees to be included in the price of a residential real estate transfer. Existing law defines a "transfer fee" with respect to real property as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. This bill, on or after January 1, 2019, would prohibit the creation of a transfer fee, other than excepted transfer fee covenants, as defined. The bill would provide that any transfer fee created in violation of this prohibition is void as against public policy. Existing law, when a transfer fee is imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a separate document meeting specified requirements. Existing law requires that document to contain, among other things, for private transfer fees created on or after February 8, 2011, absent a specified exception, a notice in at least 14-point boldface type disclosing certain information, including that federal housing agencies are prohibited from dealing in mortgages on properties encumbered by private transfer fee covenants that do not provide a direct benefit to real property encumbered, and that if a person purchases such a property that person may have difficulty obtaining financing. This bill would provide that excepted transfer fee covenants are not required to comply with the notice described above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 306, Statutes of 2018.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5277.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 3).

  8. In committee: Hearing postponed by committee.

  9. Referred to Com. on JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 5002.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 10. Noes 0.) (May 1).

  14. Re-referred to Com. on JUD.

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

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 19.

  18. Read first time. To print.

Sponsors

  • Cunningham · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Cunningham

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

Consent Calendar AB3041

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
Beall — Yea
Bradford — Yea
Hertzberg — Yea
Leyva — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Delgado — Yea
Glazer — Yea
Galgiani — Yea
Bates — Yea
Hernandez — Yea
Allen — Yea
Cannella — Not Voting
De León — Yea
Chang — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hill — Yea
Hueso — Yea
Dodd — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
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 →

AB 3041 CUNNINGHAM Assembly Third Reading

Passed 72 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 12003
Republican 6000
Total 72006
% of votes cast 92%0%0%8%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Kiley — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Voepel — Yea
Eggman — Yea
Cunningham — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Low — Yea
Mayes — Yea
Rubio — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Salas — Yea
Burke — Not Voting
Fong — Yea
Gray — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Kamlager-Dove — Yea
McCarty — Yea
Chau — Yea
Medina — Yea
Baker — Yea
Cooley — Yea
Daly — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
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.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 8000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Cunningham — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Chiu — Yea
Holden — Yea
Kiley — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

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 3041 do?
Existing law allows various fees to be included in the price of a residential real estate transfer. Existing law defines a "transfer fee" with respect to real property as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. This bill, on or after January 1, 2019, would prohibit the creation of a transfer fee, other than excepted transfer fee covenants, as defined. The bill would provide that any transfer fee created in violation of this prohibition is void as against public policy. Existing law, when a transfer fee is imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a separate document meeting specified requirements. Existing law requires that document to contain, among other things, for private transfer fees created on or after February 8, 2011, absent a specified exception, a notice in at least 14-point boldface type disclosing certain information, including that federal housing agencies are prohibited from dealing in mortgages on properties encumbered by private transfer fee covenants that do not provide a direct benefit to real property encumbered, and that if a person purchases such a property that person may have difficulty obtaining financing. This bill would provide that excepted transfer fee covenants are not required to comply with the notice described above.
Who sponsors AB 3041?
AB 3041 is sponsored by Cunningham.
What is the current status of AB 3041?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3041?
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