California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 1790 — Marketplaces: marketplace sellers.

Last action — Chaptered by Secretary of State - Chapter 635, Statutes of 2019.

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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 22, 2019. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

Existing law, the Uniform Commercial Code—Sales, generally regulates transactions in goods, as defined. Existing law also generally prescribes obligations arising from particular transactions. This bill would require a marketplace, as defined, to ensure that their terms and conditions regarding commercial relationships with marketplace sellers meet specified requirements, including that the terms and conditions are drafted in plain and intelligible language. The bill would define "marketplace seller" for these purposes as a person residing in the state who has an agreement with a marketplace and makes retail sales of services or tangible personal property through a marketplace owned, operated, or controlled by that marketplace. If a marketplace decides to suspend or terminate a marketplace seller based upon an alleged violation of law or a term, condition, or policy of the marketplace, the bill would require the marketplace to provide the marketplace seller with a written statement of reasons for that decision, as specified. This bill would state that its provisions are severable.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 635, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 3502.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 8. Page 2861.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Amend, and do pass as amended. (Ayes 7. Noes 1.) (July 9).

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

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1764.)

  15. Read second time. Ordered to third reading.

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

  17. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 30).

  18. Re-referred to Com. on P. & C.P.

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

  20. Re-referred to Com. on P. & C.P.

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

  22. Referred to Coms. on P. & C.P. and JUD.

  23. Read first time.

  24. From printer. May be heard in committee March 25.

  25. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (1)

  • Cunningham

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1790 Wicks Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49003
Democratic 22000
Republican 4001
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Salas — Yea
Brough — Yea
Mayes — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Cooper — Not Voting
Fong — Not Voting
Kiley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1790 Wicks et al. By Jackson

Passed 32 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21600
Democratic 10000
Republican 1200
Total 32800
% of votes cast 80%20%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 1790 Wicks Assembly Third Reading

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 40008
Democratic 23002
Republican 7000
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Salas — Yea
Brough — Yea
Mayes — Yea
Mathis — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Burke — Not Voting
Cooper — Not Voting
Friedman — Not Voting
Kiley — Not Voting
Kamlager-Dove — Not Voting
Frazier — Not Voting
Ting — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy 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
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5001
Republican 1000
Unaffiliated 3001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Obernolte — Yea
Smith — Yea
Chau — Yea
Kiley — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Not Voting
Wicks, Buffy Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1790 do?
Existing law, the Uniform Commercial Code—Sales, generally regulates transactions in goods, as defined. Existing law also generally prescribes obligations arising from particular transactions. This bill would require a marketplace, as defined, to ensure that their terms and conditions regarding commercial relationships with marketplace sellers meet specified requirements, including that the terms and conditions are drafted in plain and intelligible language. The bill would define "marketplace seller" for these purposes as a person residing in the state who has an agreement with a marketplace and makes retail sales of services or tangible personal property through a marketplace owned, operated, or controlled by that marketplace. If a marketplace decides to suspend or terminate a marketplace seller based upon an alleged violation of law or a term, condition, or policy of the marketplace, the bill would require the marketplace to provide the marketplace seller with a written statement of reasons for that decision, as specified. This bill would state that its provisions are severable.
Who sponsors AB 1790?
AB 1790 is sponsored by Wicks, Buffy (Democratic) and Cunningham.
What is the current status of AB 1790?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 1790?
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Last checked for changes 3 months ago · updated continuously

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