AB 2746 California Assembly · 2017-2018 Regular Session

Taxation: tax-defaulted property sales.

Summary
Existing property tax law attaches, as a lien against property, taxes that are owed on that property. Existing law generally declares in default the taxes, assessments, and penalties on real property if those charges are not paid by a specified time. Existing law requires the tax collector to attempt to sell property that has become tax defaulted 5 years or more after that property has become tax defaulted, and in the case of tax-defaulted property that is also subject to a nuisance abatement lien, 3 years or more after that property becomes tax defaulted, as specified. During these 3- and 5-year periods, existing law allows a taxpayer a right of redemption whereby the taxpayer may pay specified charges to remove the lien against the property. Existing law specifies that this right of redemption terminates on the last business day prior to the date that the sale of the property begins and, if the tax collector approves a sale as a credit transaction and does not receive full payment on or before the date upon which the tax collector requires, the right of redemption is revived on the next business day following that date, as specified. Existing law also provides that the right of redemption is revived if the property is not sold. This bill would specify that the commencement of the tax sale constitutes the actual sale date, regardless of the date of the conclusion of the auction. The bill would provide that the taxpayer loses all rights in the property during the auction period for failure to redeem the property by the final redemption date. The bill would provide that if a property has not been redeemed, any person or entity with title of record to the property loses all rights in the property, including all legal and equitable interest therein, upon close of the redemption period. However, those rights return if the right of redemption is revived. The bill would specify that the provisions relating to the right of redemption do not affect the distribution of proceeds, as specified, and apply regardless of whether the tax collector or his or her designee conducts the tax sale in person.
Bill status signed all 5 stages cleared
Introduction
Feb 2018
Committee Review
Aug 2018
Assembly Passage
May 2018
Senate Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Feb 16, 2018 Signed Sep 6, 2018
Floor votes · Senate Aug 13, 2018 · Assembly May 25, 2018

How they voted

33–0
Passed · 2 other
Total votes 35
Aug 13, 2018
D Democratic24
24 Yea
100% Yea
R Republican11
9 Yea 2
81% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
9
Committee
9
Amendments
4
Sep 6, 2018
Signed into law
Approved by the Governor.
legislature
Aug 20, 2018
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6358.).
lower
Aug 14, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.
lower
Aug 13, 2018
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Jun 28, 2018
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (June 27).
upper
Jun 20, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
upper
Jun 7, 2018
Committee
Referred to Com. on GOV. & F.
upper
May 25, 2018
Assembly · Passed
Assembly Vote: pass (65-0-7)
assembly
May 16, 2018
Committee
Re-referred to Com. on APPR.
lower
May 14, 2018
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 7).
lower
May 3, 2018
Committee
Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 96.
lower
Apr 30, 2018
Committee
Re-referred to Com. on ED.
lower
Apr 26, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
lower
Mar 21, 2018
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 8, 2018
Committee
Referred to Com. on ED.
lower
Feb 17, 2018
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Eduardo Garcia
Eduardo Garcia
DDemocratic
CA
36