California 2017-2018 Regular Session Status: Enacted

SB 981 — Home solicitation contract or offer: water treatment devices: rescission.

Last action — Chaptered by Secretary of State. Chapter 932, Statutes of 2018.

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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 01, 2018. 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 7 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 authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime. Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met. This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the seller's services result in the alteration of property of the buyer. Because a violation of the bill's requirements would be a crime, the 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 932, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5872.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 80. Noes 0. Page 6585.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. From consent calendar.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 19). Re-referred to Com. on APPR.

  14. Referred to Com. on P. & C.P.

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

  16. Read third time. Passed. (Ayes 38. Noes 0. Page 5008.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  19. Set for hearing May 7.

  20. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4814.) (April 24). Re-referred to Com. on APPR.

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

  22. Set for hearing April 24.

  23. April 17 set for first hearing canceled at the request of author.

  24. Set for hearing April 17.

  25. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 4588.) (April 9). Re-referred to Com. on JUD.

  26. Set for hearing April 9.

  27. Referred to Coms. on B., P. & E.D. and JUD.

  28. From printer. May be acted upon on or after March 4.

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

Sponsors

  • Dodd · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Dodd

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

Unfinished Business SB981 Dodd Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Morrell — Yea
Pan — Yea
Chang — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
Galgiani — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
De León — Yea
Delgado — Yea
Hueso — Yea
Dodd — Yea
Bates — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 981 Dodd Senate Third Reading By RUBIO

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Quirk — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Chiu — Yea
Cooley — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Friedman — Yea
Fong — Yea
Salas — Yea
Gloria — Yea
Gray — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Rubio — Yea
Kiley — Yea
Rivas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Harper — Yea
O'Donnell — Yea
Steinorth — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Nazarian — Yea
Chau — Yea
Fong — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Quirk — Yea
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33001
Democratic 5000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Not Voting
Hernandez — Yea
Hill — Yea
Morrell — Yea
Wieckowski — Yea
De León — Yea
Cannella — Yea
Allen — Yea
Portantino — Yea
Galgiani — Yea
Glazer — Yea
Mitchell — Yea
Atkins — Yea
Dodd — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Beall — Yea
Bradford — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Lara — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 981 do?
Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime. Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met. This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the seller's services result in the alteration of property of the buyer. Because a violation of the bill's requirements would be a crime, the 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 981?
SB 981 is sponsored by Dodd.
What is the current status of SB 981?
This bill has been enacted into law. Introduced February 01, 2018. Enacted.
Where can I track SB 981?
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