California 2013-2014 Regular Session Status: Enacted

AB 1858 — Commercial law: secured transactions.

Last action — Chaptered by Secretary of State - Chapter 284, Statutes of 2014.

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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 19, 2014. 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 5 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

The Uniform Commercial Code - Secured Transactions governs security interests in collateral, including personal property and fixtures, as well as certain sales of accounts, contract rights, and chattel paper. That code, among other things, specifies requirements and procedures regarding perfecting a security interest, including the filing of a financing statement with the Secretary of State. Existing law specifies that a financing statement sufficiently provides the name of a debtor, where the debtor is an individual, if it provides the individual name of the debtor or the surname and first personal name of the debtor. This bill would revise the manner in which a financing statement sufficiently provides the name of the debtor, where that debtor is an individual, to provide that, where the Department of Motor Vehicles has issued a driver's license that has not expired or identification card that has not expired to the individual, the statement sufficiently provides the name of the debtor only if the statement provides the name of the individual indicated on the license or card and, if the individual has not been issued a driver's license or identification card, the statement sufficiently provides the name of the debtor if it provides the individual name of the debtor or the surname and first personal name of the debtor. The bill would also implement transitional rules for carrying out these provisions. Existing provisions of the Unruh Civil Rights Act, with certain exceptions, prohibit various forms of arbitrary discrimination by business establishments. This bill would make it a violation of the Unruh Civil Rights Act for a secured party or proposed secured party to decline to provide credit to a debtor or proposed debtor, or offer to make the terms and conditions of such credit less favorable to the debtor or proposed debtor, if that decision was based on the fact that the debtor's name to be included on the financing statement is or would be that provided by a debtor to whom the Department of Motor Vehicles has not issued a driver's license that has not expired or an identification card that has not expired and all elements that would be required to establish a claim for violation of the Unruh Civil Rights Act are established.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 284, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 5948.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4365.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 24).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5098.)

  13. Read third time and amended. Ordered to third reading. (Page 5004.)

  14. Read second time. Ordered to third reading.

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

  16. From committee: Do pass as amended. (Ayes 10. Noes 0.) (April 29).

  17. In committee: Hearing postponed by committee.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 22.

  21. Read first time. To print.

Sponsors

  • Perea · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Perea

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

AB 1858 PEREA Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70002
Democratic 4000
Republican 3000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Melendez — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Campos — Yea
Dababneh — Yea
Frazier — Yea
Daly — Yea
Gorell — Yea
Bloom — Yea
Nazarian — Yea
Rodriguez — Yea
Mullin — Yea
Dickinson — Yea
Allen — Yea
Olsen — Yea
Bonilla — Yea
Ammiano — Yea
Quirk — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Hall — Yea
Harkey — Yea
Medina — Yea
Pan — Yea
Rendon — Yea
Skinner — Yea
Gray — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Levine — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Eggman — Not Voting
Fox — Yea
Gatto — Yea
Yamada — Not Voting
Gomez — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1858 Perea By Cannella

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Block — Yea
Hernandez — Yea
Leno — Yea
Morrell — Yea
Pavley — Yea
Torres — Yea
Walters — Yea
Wright — Not Voting
Evans — Yea
Wyland — Yea
Yee — Not Voting
Cannella — Yea
Galgiani — Yea
Hancock — Not Voting
Mitchell — Yea
De León — Yea
Hill — Yea
Hueso — Yea
Corbett — Yea
Huff — Yea
Knight — Yea
Anderson — Yea
Beall — Yea
Correa — Yea
Lara — Yea
Lieu — Not Voting
Liu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Lara — Yea
Vidak — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 1858 PEREA Assembly Third Reading

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 66006
Democratic 4000
Republican 3000
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Levine — Yea
Linder — Yea
Maienschein — Yea
Nestande — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Campos — Yea
Frazier — Yea
Cooley — Yea
Allen — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Fong — Yea
Dababneh — Yea
Daly — Yea
Hagman — Yea
Holden — Yea
Jones-Sawyer — Yea
Logue — Yea
Mansoor — Yea
Bocanegra — Yea
Medina — Yea
Alejo — Yea
Ammiano — Yea
Dickinson — Yea
Eggman — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rodriguez — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Williams — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Bonilla — Not Voting
Chesbro — Yea
Chávez — Yea
Conway — Yea
Donnelly — Not Voting
Rendon — Yea
Wagner — Yea
Weber — Yea
Fox — Yea
Gatto — Yea
Yamada — Not Voting
Gordon — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Wagner — Yea
Garcia — Yea
Gorell — Yea
Chau — Yea
Wieckowski — Yea
Dickinson — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

finance civil-rights
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Frequently asked questions

What does AB 1858 do?
The Uniform Commercial Code - Secured Transactions governs security interests in collateral, including personal property and fixtures, as well as certain sales of accounts, contract rights, and chattel paper. That code, among other things, specifies requirements and procedures regarding perfecting a security interest, including the filing of a financing statement with the Secretary of State. Existing law specifies that a financing statement sufficiently provides the name of a debtor, where the debtor is an individual, if it provides the individual name of the debtor or the surname and first personal name of the debtor. This bill would revise the manner in which a financing statement sufficiently provides the name of the debtor, where that debtor is an individual, to provide that, where the Department of Motor Vehicles has issued a driver's license that has not expired or identification card that has not expired to the individual, the statement sufficiently provides the name of the debtor only if the statement provides the name of the individual indicated on the license or card and, if the individual has not been issued a driver's license or identification card, the statement sufficiently provides the name of the debtor if it provides the individual name of the debtor or the surname and first personal name of the debtor. The bill would also implement transitional rules for carrying out these provisions. Existing provisions of the Unruh Civil Rights Act, with certain exceptions, prohibit various forms of arbitrary discrimination by business establishments. This bill would make it a violation of the Unruh Civil Rights Act for a secured party or proposed secured party to decline to provide credit to a debtor or proposed debtor, or offer to make the terms and conditions of such credit less favorable to the debtor or proposed debtor, if that decision was based on the fact that the debtor's name to be included on the financing statement is or would be that provided by a debtor to whom the Department of Motor Vehicles has not issued a driver's license that has not expired or an identification card that has not expired and all elements that would be required to establish a claim for violation of the Unruh Civil Rights Act are established.
Who sponsors AB 1858?
AB 1858 is sponsored by Perea.
What is the current status of AB 1858?
This bill has been enacted into law. Introduced February 19, 2014. Enacted.
Where can I track AB 1858?
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