California 2021-2022 Regular Session Status: Enacted

SB 975 — Debt: coerced debts.

Last action — Chaptered by Secretary of State. Chapter 989, Statutes of 2022.

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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 February 10, 2022. 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 8 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 regulates various practices related to debt, including its sale and collection. Existing law provides for various private rights of action, including for a patient against a psychotherapist for sexual contact, as defined and specified, a peace officer against an individual who has filed a false complaint with the officer's employing agency, as specified, and a person against another for sexual harassment, as defined and specified. This bill would require a claimant, upon receipt from the debtor of adequate documentation AND a sworn written statement that some or all of the debt being collected is coerced debt, to cease collection activities until the claimant completes a review, as defined and specified. The bill would also prohibit a person from causing another person to incur a coerced debt, and would make a person who causes another person to incur a coerced debt civilly liable to the claimant, as specified. The bill would also create a right of action that would allow a debtor to bring an action or file a cross-complaint against a claimant to establish that a particular debt, or portion thereof, is coerced debt, as specified. If a debtor establishes that a particular debt, or portion thereof, is coerced debt, the bill (1) would entitle that debtor to specified relief, including an injunction prohibiting the claimant from holding or attempting to hold the debtor personally liable on the particular debt, or portion thereof, that is coerced debt, or from enforcing a judgment related to the particular debt, or portion thereof, that is coerced debt against the debtor, and (2) would require the court to issue a judgment in favor of the claimant against any person who coerced the debtor into incurring the debt, as specified. The bill would apply only to debts incurred on or after July 1, 2023, except as specified. The bill would declare that its provisions are severable. The bill would define various terms for these purposes. This bill would require a sworn written certification to be declared under penalty of perjury. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 989, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 31. Noes 8. Page 5326.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 12. Noes 3.) (August 11).

  12. August 3 set for first hearing. Placed on suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  16. June 21 hearing postponed by committee.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  18. Referred to Com. on JUD.

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

  20. Read third time. Passed. (Ayes 26. Noes 8. Page 3884.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

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

  23. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3777.) (May 19).

  24. Set for hearing May 19.

  25. May 16 hearing: Placed on APPR suspense file.

  26. Set for hearing May 16.

  27. Read second time and amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3513.) (April 26).

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  30. Set for hearing April 26.

  31. April 19 set for first hearing canceled at the request of author.

  32. Set for hearing April 19.

  33. Referred to Coms. on JUD. and APPR.

  34. From printer.

  35. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

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

Sponsors

  • Min · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Min

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

Passed 59 Yea · 15 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 29003
Unaffiliated 29802
Republican 1701
Total 591506
% of votes cast 74%19%0%8%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Cooper — Not Voting
O'Donnell — Not Voting
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Yea
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Passed 31 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 18500
Republican 0301
Total 31801
% of votes cast 78%20%0%3%
How each member voted (40)
Member Party Vote
Glazer — Yea
Pan — Yea
Portantino — Yea
Wieckowski — Yea
Hertzberg — Yea
Bradford — Yea
Eggman — Yea
Atkins — Yea
Kamlager — Yea
Newman — Yea
Rubio — Yea
Min — Yea
Roth — Yea
Skinner — Yea
Hueso — Yea
Dodd — Yea
Gonzalez — Yea
Leyva — Yea
Borgeas — Nay
Melendez — Nay
Wilk — Nay
Bates — Nay
Nielsen — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended.

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0101
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Levine — Yea
Eduardo Garcia — Yea
Vince Fong — Nay
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 5000
Republican 0001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cunningham — Yea
Kiley — Nay
Mark Stone — Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Not Voting

Official roll call →

3rd Reading

Passed 26 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 15503
Republican 0301
Total 26806
% of votes cast 65%20%0%15%
How each member voted (40)
Member Party Vote
Wieckowski — Yea
Newman — Yea
Gonzalez — Yea
Min — Yea
Portantino — Yea
Skinner — Yea
Hueso — Yea
Eggman — Yea
Pan — Yea
Atkins — Yea
Kamlager — Yea
Dodd — Yea
Roth — Yea
Leyva — Yea
Rubio — Yea
Borgeas — Nay
Bates — Nay
Nielsen — Nay
Wilk — Nay
Melendez — Nay
Glazer — Not Voting
Hertzberg — Not Voting
Bradford — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 975 do?
Existing law regulates various practices related to debt, including its sale and collection. Existing law provides for various private rights of action, including for a patient against a psychotherapist for sexual contact, as defined and specified, a peace officer against an individual who has filed a false complaint with the officer's employing agency, as specified, and a person against another for sexual harassment, as defined and specified. This bill would require a claimant, upon receipt from the debtor of adequate documentation AND a sworn written statement that some or all of the debt being collected is coerced debt, to cease collection activities until the claimant completes a review, as defined and specified. The bill would also prohibit a person from causing another person to incur a coerced debt, and would make a person who causes another person to incur a coerced debt civilly liable to the claimant, as specified. The bill would also create a right of action that would allow a debtor to bring an action or file a cross-complaint against a claimant to establish that a particular debt, or portion thereof, is coerced debt, as specified. If a debtor establishes that a particular debt, or portion thereof, is coerced debt, the bill (1) would entitle that debtor to specified relief, including an injunction prohibiting the claimant from holding or attempting to hold the debtor personally liable on the particular debt, or portion thereof, that is coerced debt, or from enforcing a judgment related to the particular debt, or portion thereof, that is coerced debt against the debtor, and (2) would require the court to issue a judgment in favor of the claimant against any person who coerced the debtor into incurring the debt, as specified. The bill would apply only to debts incurred on or after July 1, 2023, except as specified. The bill would declare that its provisions are severable. The bill would define various terms for these purposes. This bill would require a sworn written certification to be declared under penalty of perjury. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 975?
SB 975 is sponsored by Min.
What is the current status of SB 975?
This bill has been enacted into law. Introduced February 10, 2022. Enacted.
Where can I track SB 975?
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