California 2009-2010 Regular Session Status: Enacted 1 D cosponsors

AB 1160 — Contracts: translation.

Last action — Chaptered by Secretary of State - Chapter 274, Statutes of 2009.

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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 27, 2009. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 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 requires a person in a trade or business who negotiates specified contracts or agreements primarily in the languages of Spanish, Chinese, Tagalog, Vietnamese, or Korean to deliver to the other party, prior to execution of the contract or agreement, a translation of the contract or agreement in the applicable foreign language, except as specified. Under existing law, failure to comply with these provisions entitles the aggrieved party to rescind the contract or agreement. Under existing law, these provisions apply to specified loans or extensions of credit subject to the Industrial Loan Law and the California Finance Lenders Law. This bill would, in the alternative, require a supervised financial organization, as defined, that negotiates primarily in one of those languages in the course of entering into a contract or agreement for a loan or extension of credit secured by residential real property, to deliver, prior to the execution of the contract or agreement, and no later than 3 business days after receiving the written application, a specified form in that language summarizing the terms of the contract or agreement, as specified. The bill would provide that a supervised financial organization that complies with these provisions would be deemed to be in compliance with the translation requirement in existing law described above. The bill would also provide that a supervised financial organization that complies with the translation requirement in existing law would be in compliance with these provisions. The bill would provide for administrative penalties against specified licensed persons for violations of these provisions. The bill would require the Department of Corporations and the Department of Financial Institutions to create a new form for these purposes, as provided, and to make it available in each of the languages described above. The bill would authorize an action against a supervised financial organization for a violation of these provisions to be brought only by a licensing agency or by the Attorney General. These provisions would become operative beginning on July 1, 2010, or 90 days after issuance of a form as provided, whichever occurs later. The provisions of this bill would not affect the obligations of a real estate broker, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 274, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 24. Page 3276.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 26. Noes 14. Page 2294.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 8. Noes 4.) (August 17).

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14).

  13. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 3.) (July 9).

  14. In committee: Hearing postponed by committee.

  15. Referred to Coms. on B., F. & I. and JUD.

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

  17. Read third time, passed, and to Senate. (Ayes 48. Noes 20. Page 2174.)

  18. Read second time. To third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 8. Noes 2.) (June 8).

  21. Re-referred to Com. on B. & F. pursuant to Assembly Rule 77.2.

  22. Read third time, amended, and returned to third reading. (Page 1922.).

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 10. Noes 4.) (May 20).

  25. Re-referred to Com. on APPR.

  26. Read second time and amended.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 28).

  28. Re-referred to Com. on JUD.

  29. Read second time and amended.

  30. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 8. Noes 2.) (April 20).

  31. In committee: Hearing postponed by committee.

  32. Re-referred to Com. on B. & F.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  34. Referred to Coms. on B. & F. and JUD.

  35. Read first time.

  36. From printer. May be heard in committee March 30.

  37. Introduced. To print.

Sponsors

  • Cedillo · Cosponsor
  • Correa · Cosponsor
  • Coto · Cosponsor
  • Eng · Cosponsor
  • Fuentes · Cosponsor
  • Furutani · Cosponsor
  • Lieu · Cosponsor
  • Nava · Cosponsor
  • Torres · Cosponsor
  • Tran · Cosponsor
  • Yee · Cosponsor
  • Mike Fong · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 11 co-sponsors · 110 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (11)

  • Cedillo
  • Correa
  • Coto
  • Eng
  • Fuentes
  • Furutani
  • Lieu
  • Nava
  • Torres
  • Tran
  • Yee

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"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

AB 1160 FONG Concurrence in Senate Amendments

Passed 64 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 602402
Democratic 3000
Republican 1200
Total 642602
% of votes cast 70%28%0%2%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Bill — Yea
Charles — Yea
Beall — Yea
Block — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Tom — Nay
Feuer — Yea
Fuller — Nay
Furutani — Yea
Garrick — Nay
Audra — Nay
Bass — Yea
Blakeslee — Nay
Gilmore — Yea
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Nay
Duvall — Not Voting
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blumenfield — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Smyth — Nay
Swanson — Yea
Torrico — Yea
Chesbro — Yea
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1160 Fong By Corbett

Passed 27 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 251300
Democratic 2000
Republican 0100
Total 271400
% of votes cast 66%34%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Runner — Nay
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Ducheny — Yea
Dutton — Nay
Liu — Yea
Maldonado — Yea
Ashburn — Nay
Benoit — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Nay
Cedillo — Yea
Wyland — Nay
Cogdill — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Total 8401
% of votes cast 62%31%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Runner — Nay
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Walters — Nay
Corbett — Yea
Cox — Nay
Denham — Nay

Official roll call →

AB 1160 FONG Assembly Third Reading

Passed 54 Yea · 22 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 5120014
Democratic 2001
Republican 1200
Total 5422015
% of votes cast 59%24%0%16%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Nay
Bill — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Davis — Yea
Hernandez — Yea
Tom — Nay
Huffman — Yea
Krekorian — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Audra — Nay
Charles — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Garrick — Nay
Hagman — Not Voting
Harkey — Nay
Jeffries — Nay
Knight — Nay
Lieu — Not Voting
Logue — Not Voting
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Cook — Not Voting
Duvall — Nay
Tran — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Not Voting
Ma — Yea
Ruskin — Yea
Solorio — Not Voting
Torres — Yea
Emmerson — Not Voting
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Evans — Not Voting
Fong — Yea
Fuentes — Yea
Mendoza — Yea
Nava — Yea
Anderson — Nay
Torres — Yea
Tran — Yea
Ruskin — Yea
Swanson — Yea
Beth Gaines — Nay

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 13402
Republican 0100
Democratic 0001
Total 13503
% of votes cast 62%24%0%14%
How each member voted (21)
Member Party Vote
Fuentes — Yea
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Duvall — Nay
Skinner — Yea
Torlakson — Yea
Audra — Nay
Charles — Not Voting
Nielsen — Nay
Ammiano — Yea
Harkey — Nay
Miller — Not Voting
Price — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

finance housing civil-rights labor
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Frequently asked questions

What does AB 1160 do?
Existing law requires a person in a trade or business who negotiates specified contracts or agreements primarily in the languages of Spanish, Chinese, Tagalog, Vietnamese, or Korean to deliver to the other party, prior to execution of the contract or agreement, a translation of the contract or agreement in the applicable foreign language, except as specified. Under existing law, failure to comply with these provisions entitles the aggrieved party to rescind the contract or agreement. Under existing law, these provisions apply to specified loans or extensions of credit subject to the Industrial Loan Law and the California Finance Lenders Law. This bill would, in the alternative, require a supervised financial organization, as defined, that negotiates primarily in one of those languages in the course of entering into a contract or agreement for a loan or extension of credit secured by residential real property, to deliver, prior to the execution of the contract or agreement, and no later than 3 business days after receiving the written application, a specified form in that language summarizing the terms of the contract or agreement, as specified. The bill would provide that a supervised financial organization that complies with these provisions would be deemed to be in compliance with the translation requirement in existing law described above. The bill would also provide that a supervised financial organization that complies with the translation requirement in existing law would be in compliance with these provisions. The bill would provide for administrative penalties against specified licensed persons for violations of these provisions. The bill would require the Department of Corporations and the Department of Financial Institutions to create a new form for these purposes, as provided, and to make it available in each of the languages described above. The bill would authorize an action against a supervised financial organization for a violation of these provisions to be brought only by a licensing agency or by the Attorney General. These provisions would become operative beginning on July 1, 2010, or 90 days after issuance of a form as provided, whichever occurs later. The provisions of this bill would not affect the obligations of a real estate broker, as specified.
Who sponsors AB 1160?
AB 1160 is sponsored by Cedillo, Correa, Coto, Eng, Fuentes, Furutani, Lieu, Nava, Torres, Tran, Yee, and Fong, Mike (Democratic).
What is the current status of AB 1160?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1160?
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