BILL NUMBER: AB 1110	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 27, 2015

   An act to amend Section 4115 of the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1110, as introduced, Ting. Property taxation: redemption
deficiency.
   Under existing property tax law, unpaid property taxes are
declared delinquent and subject to penalties and costs, and, if the
taxes remain unpaid, the property is declared tax-defaulted and
subject to sale. Existing law authorizes the tax collector to provide
notification of the tax-defaulted status of the property to the
property owner, as specified, and authorizes the property to be
redeemed until the right of redemption is terminated. Existing law
requires the tax collector to issue a certification of redemption
when tax-defaulted property is redeemed, as specified. Existing law
authorizes a tax collector, if that tax collector has erroneously
computed the amount necessary to redeem a parcel of property as to
which a redemption certificate has been issued and that error
resulted in an underpayment of the amount required to redeem the
property, to collect the amount of the redemption deficiency if the
tax collector sends notice of, or a bill for, the underpayment, as
specified. Existing law requires the redemption deficiency to be
collected, as provided, if payment of the redemption deficiency is
not made by the property owner within 30 days following the mailing
of the notice or bill.
   This bill would instead extend the time available to make a
redemption deficiency from 30 days to 45 days following the mailing
of the notice or bill.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4115 of the Revenue and Taxation Code is
amended to read:
   4115.  If payment of the redemption deficiency is not made within
 30   45  days following the mailing of the
notice or bill required by Section 4114, the deficiency shall be
transferred to the secured roll prepared or being prepared for the
assessment year in which such notice or bill is mailed to the
assessee, and shall thereafter be treated and collected like other
taxes on such roll; provided, however, that if  prior to
  before  the date of transfer to the secured roll,
with the date of entry specified thereon, the real property on which
such redemption deficiency constitutes a lien has been transferred
or conveyed to a bona fide purchaser for value or becomes subject to
a bona fide encumbrance for value, such redemption deficiency shall
not create, impose or constitute a lien on such real property but
shall be transferred to the unsecured roll in the name of the
assessee at the time the original insufficient payment was made and
shall thereafter be treated and collected like other taxes on said
roll.
   The entry on the roll shall be followed with "Deficiency in
Redemption of Parcel Number ____ on __________,  19 _
  20_  ." The foregoing entry may be made on a
document separate from the roll if reference is made on the roll to
the document wherein the entry is made. The delinquent tax abstract
from which the redemption deficiency is transferred may, at the
option of the county, serve as the separate document.