California 2009-2010 Regular Session Status: To Executive

SB 183 — Residential building safety.

Last action — Chaptered by Secretary of State. Chapter 19, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires certain transferors of real property improved with 1 to 4 dwelling units, as well as transferors of mobilehomes and manufactured homes, to make specified disclosures to prospective transferees regarding the characteristics of the property and prescribes forms for the purpose of making these disclosures. Existing law requires the transferor of real property containing a single-family dwelling to provide transferees written notice of compliance with specified requirements for the installation of smoke detectors. Existing law requires the seller of any real property containing a water heater to certify in writing to a prospective purchaser compliance with specified safety requirements related to those water heaters. This bill would revise the disclosure forms, described above, to provide a seller certification that the property, at the close of escrow, will be in compliance with the requirements for smoke detectors and water heaters, described above, and to remove these provisions from elsewhere in the forms. The bill would also revise the disclosure forms to add a disclosure regarding carbon monoxide devices and a statement specifying that installation of a listed appliance, device, or amenity is not a precondition to sale or transfer. Existing law requires the State Fire Marshal to adopt regulations and standards regarding the quality and installation of burglar bars and safety release mechanisms for emergency escape and rescue windows, the approval and installation of smoke detectors, and the approval of portable fire extinguishers for marketing, distribution, and sale in this state. Existing law requires a smoke detector approved and listed by the State Fire Marshal to be installed in a dwelling unit intended for human occupancy. The State Housing Law creates standards for buildings used for human habitation. A violation of that law is a misdemeanor. This bill would enact the Carbon Monoxide Poisoning Prevention Act of 2010. This bill would require the State Fire Marshal to certify and approve carbon monoxide devices and their instructions, as specified, for the use in dwelling units intended for human occupancy, as defined. The bill would require the State Fire Marshal to charge an appropriate fee to the manufacturer of a carbon monoxide device to cover the costs associated with the approval and listing of carbon monoxide devices. The bill would prohibit the marketing, distribution, or sale of devices unless they and their instructions have been approved and listed by the State Fire Marshal. The bill would require a carbon monoxide device to be installed in a dwelling unit intended for human occupancy, as specified, and would generally provide that a violation of these provisions is an infraction punishable by a maximum fine of $200 for each offense, but the bill would require that a property owner receive a 30-day notice to correct prior to the imposition of the fine. By creating a new crime, this bill would create a state-mandated local program. The bill would provide that a transfer of title is not invalidated on the basis of a failure to comply with these requirements, and that the exclusive remedy for the failure to comply is an award of actual damages not to exceed $100, exclusive of any court costs and attorney's fees. This bill would require an owner or the owner's agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant to maintain carbon monoxide devices in that dwelling unit. The bill would permit the owner or the owner's agent to enter that dwelling unit to install, repair, test, and maintain carbon monoxide devices, as specified. The bill would permit the Department of Housing and Community Development to suspend enforcement of certain requirements on property owners if the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not available, and would require the department to publicize this decision, as specified. The bill would also make a statement of legislative findings. (2) 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 19, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 2:45 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 23. Noes 9. Page 3322.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 47. Noes 20. Page 4601.) To Senate.

  7. Read third time. Amended. (Page 4417.) To third reading.

  8. From inactive file to third reading file.

  9. Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.

  10. Placed on inactive file on request of Assembly Member Torres.

  11. Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.

  12. Read third time. Passed. (Ayes 54. Noes 21. Page 3213.) To Senate.

  13. Read third time. Amended. (Page 3037.) To third reading.

  14. Read second time. To third reading.

  15. (Heard in committee on July 15.)

  16. From committee: Do pass. (Ayes 13. Noes 3.)

  17. (Heard in committee on June 30.)

  18. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

  19. Read second time. Amended. Re-referred to Com. on JUD.

  20. (Heard in committee on June 17.)

  21. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 6. Noes 0.)

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on H. & C.D.

  23. To Coms. on H. & C.D. and JUD.

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

  25. Read third time. Passed. (Ayes 21. Noes 12. Page 1040.) To Assembly.

  26. Read second time. Amended. To third reading.

  27. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  28. Set for hearing May 18.

  29. (Corrected May 13.)

  30. Read second time. Amended. Re-referred to Com. on APPR.

  31. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 701.)

  32. Set for hearing April 28.

  33. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 8. Noes 3. Page 609.) Re-referred to Com. on JUD.

  34. Set for hearing April 21.

  35. Re-referred to Coms. on T. & H. and JUD.

  36. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  37. To Com. on RLS.

  38. From print. May be acted upon on or after March 20.

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

Sponsors

  • Saldana · Cosponsor
  • Ma · Cosponsor
  • Wiggins · Cosponsor
  • Bonnie Lowenthal · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (3)

  • Saldana
  • Ma
  • Wiggins

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Unfinished Business SB183 Lowenthal

Passed 24 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 22807
Democratic 2000
Republican 0100
Total 24907
% of votes cast 60%23%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Cogdill — Nay
Corbett — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Not Voting
Runner — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Not Voting
Walters — Not Voting
Ducheny — Not Voting
Dutton — Nay
Aanestad — Nay
Ashburn — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Not Voting
Pavley — Yea
Simitian — Yea
Wiggins — Not Voting
Wright — Yea
Cedillo — Yea
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 →

SB 183 Lowenthal Senate Third Reading By CONWAY

Passed 56 Yea · 22 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 5320012
Democratic 2001
Republican 1200
Total 5622013
% of votes cast 62%24%0%14%
How each member voted (91)
Member Party Vote
Hagman — Nay
Feuer — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bass — Yea
Conway — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Nay
Evans — Not Voting
Audra — Nay
Charles — Not Voting
Fuentes — Yea
Fuller — Nay
Furutani — Not Voting
Garrick — Not Voting
Cook — Nay
Gilmore — Nay
Hall — Not Voting
Hayashi — Yea
Hernandez — Yea
Huber — Nay
Huffman — Yea
Jeffries — Not Voting
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Not Voting
Torrico — Yea
Tran — Nay
Adams — Yea
Ammiano — Yea
Anderson — Not Voting
Beall — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Not Voting
Eng — Yea
Davis — Yea
DeVore — Nay
Galgiani — Not Voting
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 →

SB 183 Lowenthal Senate Third Reading By TORRES

Passed 63 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 592204
Democratic 3000
Republican 1200
Total 632404
% of votes cast 69%26%0%4%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Nay
Galgiani — Yea
Hall — Yea
Hayashi — 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 — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
Ma — Yea
Mendoza — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Audra — Nay
Hagman — Nay
Duvall — Not Voting
Knight — Nay
Logue — Nay
Miller — Not Voting
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huber — Nay
Jeffries — Not Voting
Lieu — Yea
Monning — Yea
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Garrick — Not Voting
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Audra — Nay
Fuentes — Yea
Hall — Yea
Charles — Yea
Miller — Yea
Nielsen — Yea
De — Yea
Leon — Yea
John — Nay
A. — Nay
Perez — Nay
Ammiano — Yea
Duvall — Nay
Skinner — Yea
Solorio — Yea
Harkey — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB183 Lowenthal

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201105
Democratic 2001
Republican 0100
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Nay
Corbett — Yea
Dutton — Nay
Negrete — Yea
Hollingsworth — Nay
Huff — Nay
Alquist — Yea
Benoit — Nay
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Runner — Nay
Wyland — Nay
Ducheny — Not Voting
Oropeza — Not Voting
Wolk — Not Voting
Wright — Not Voting
Aanestad — Nay
Ashburn — Yea
Harman — Not Voting
Kehoe — Yea
Leno — Yea
Maldonado — Yea
Walters — Nay
Wiggins — Yea
Cedillo — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7300
Democratic 1000
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Ashburn — Yea
Pavley — Yea
Simitian — Yea
Kehoe — Yea
Oropeza — Yea
Wolk — Yea
DeSaulnier — Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

What does SB 183 do?
(1) Existing law requires certain transferors of real property improved with 1 to 4 dwelling units, as well as transferors of mobilehomes and manufactured homes, to make specified disclosures to prospective transferees regarding the characteristics of the property and prescribes forms for the purpose of making these disclosures. Existing law requires the transferor of real property containing a single-family dwelling to provide transferees written notice of compliance with specified requirements for the installation of smoke detectors. Existing law requires the seller of any real property containing a water heater to certify in writing to a prospective purchaser compliance with specified safety requirements related to those water heaters. This bill would revise the disclosure forms, described above, to provide a seller certification that the property, at the close of escrow, will be in compliance with the requirements for smoke detectors and water heaters, described above, and to remove these provisions from elsewhere in the forms. The bill would also revise the disclosure forms to add a disclosure regarding carbon monoxide devices and a statement specifying that installation of a listed appliance, device, or amenity is not a precondition to sale or transfer. Existing law requires the State Fire Marshal to adopt regulations and standards regarding the quality and installation of burglar bars and safety release mechanisms for emergency escape and rescue windows, the approval and installation of smoke detectors, and the approval of portable fire extinguishers for marketing, distribution, and sale in this state. Existing law requires a smoke detector approved and listed by the State Fire Marshal to be installed in a dwelling unit intended for human occupancy. The State Housing Law creates standards for buildings used for human habitation. A violation of that law is a misdemeanor. This bill would enact the Carbon Monoxide Poisoning Prevention Act of 2010. This bill would require the State Fire Marshal to certify and approve carbon monoxide devices and their instructions, as specified, for the use in dwelling units intended for human occupancy, as defined. The bill would require the State Fire Marshal to charge an appropriate fee to the manufacturer of a carbon monoxide device to cover the costs associated with the approval and listing of carbon monoxide devices. The bill would prohibit the marketing, distribution, or sale of devices unless they and their instructions have been approved and listed by the State Fire Marshal. The bill would require a carbon monoxide device to be installed in a dwelling unit intended for human occupancy, as specified, and would generally provide that a violation of these provisions is an infraction punishable by a maximum fine of $200 for each offense, but the bill would require that a property owner receive a 30-day notice to correct prior to the imposition of the fine. By creating a new crime, this bill would create a state-mandated local program. The bill would provide that a transfer of title is not invalidated on the basis of a failure to comply with these requirements, and that the exclusive remedy for the failure to comply is an award of actual damages not to exceed $100, exclusive of any court costs and attorney's fees. This bill would require an owner or the owner's agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant to maintain carbon monoxide devices in that dwelling unit. The bill would permit the owner or the owner's agent to enter that dwelling unit to install, repair, test, and maintain carbon monoxide devices, as specified. The bill would permit the Department of Housing and Community Development to suspend enforcement of certain requirements on property owners if the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not available, and would require the department to publicize this decision, as specified. The bill would also make a statement of legislative findings. (2) 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 183?
SB 183 is sponsored by Saldana, Ma, Wiggins, and Bonnie Lowenthal.
What is the current status of SB 183?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 183?
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