Senior citizens: rescission of contracts.
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AB 2471 — Senior citizens: rescission of contracts.
Last action — Chaptered by Secretary of State - Chapter 158, Statutes of 2020.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 provides that a contract is extinguished by its rescission and sets forth methods for the rescission of a contract. Existing law authorizes a buyer to cancel certain home solicitation contracts or offers until midnight of the 3rd business day after the day on which the buyer signs an agreement or offer to purchase which complies with specified requirements. Existing law authorizes a buyer to cancel a home solicitation contract written for certain home improvement work until midnight of the 3rd business day after the buyer receives a signed and dated copy of the contract or offer to purchase that complies with specified requirements. Existing law requires contracts for a home solicitation contract or offer to include a notice of cancellation form with specified statement's as to the buyer's right to cancel. Existing law permits a buyer to provide a seller an express waiver to this right to cancel, if the contract meets other specified requirements. Existing law also provides a buyer a similar right to cancel a seminar sales solicitation contract or offer and imposes similar requirements to provide a notice of cancellation to the buyer. Existing law requires specific provisions and requirements for home improvement contracts, as defined, that are not governed by the provisions described above, and service and repair contracts. Existing law requires these contracts to include a notice regarding the buyer's 3-day right to cancel. Existing law authorizes the legislative body of a public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance certain improvements. Existing law prohibits a public agency from permitting a property owner meeting certain criteria to participate in any program established pursuant to these provisions for specified purposes unless the property owner is given the right to cancel the contractual assessment without penalty or obligation before midnight on the 3rd business day after a specified date. Existing law also requires a financing estimate and disclosure document to be provided to the property owner prior to entering into the voluntary contractual assessment. Existing law requires the document to include, among other things, a description of the property owner's right to cancel. This bill would extend the period of time to cancel the contracts or offers described above from 3 to 5 business days if the buyer or property owner is a senior citizen, as defined, for contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. The bill would also make conforming changes. This bill would incorporate additional changes to Section 5898.17 of the Streets and Highways Code proposed by AB 1551 to be operative only if this bill and AB 1551 are enacted and this bill is enacted last.
Bill Text
- Chaptered 09/25/20 - Chaptered Current pdf September 25, 2020
- Enrolled 09/04/20 - Enrolled pdf September 04, 2020
- Amended 08/25/20 - Amended Senate pdf August 25, 2020
- Amended 05/21/20 - Amended Assembly pdf May 21, 2020
- Amended 05/04/20 - Amended Assembly pdf May 04, 2020
- Introduced 02/19/20 - Introduced pdf February 19, 2020
- AB2471 View text html
Action History
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Chaptered by Secretary of State - Chapter 158, Statutes of 2020.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5427.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Ordered to third reading.
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From Consent Calendar.
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (July 30).
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4752.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 10. Noes 0.) (May 27).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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In committee: Hearing postponed by committee.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Maienschein · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Maienschein
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 48 | 0 | 0 | 3 |
| Democratic | 22 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Yea |
| Cunningham | — | Yea |
| Daly | — | Yea |
| Diep | — | Yea |
| Salas | — | Yea |
| Gray | — | Yea |
| Ting | — | Yea |
| Cooper | — | Yea |
| Levine | — | Yea |
| Jones-Sawyer | — | Yea |
| Mayes | — | Yea |
| Nazarian | — | Yea |
| Friedman | — | Yea |
| Wood | — | Yea |
| Rendon | — | Yea |
| Fong | — | Yea |
| Holden | — | Yea |
| Medina | — | Yea |
| Bloom | — | Yea |
| Waldron | — | Yea |
| Mullin | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Burke | — | Yea |
| Maienschein | — | Yea |
| Weber | — | Yea |
| Brough | — | Yea |
| Mathis | — | Yea |
| Kamlager | — | Yea |
| Santiago | — | Yea |
| Smith | — | Yea |
| Gonzalez | — | Yea |
| Quirk | — | Yea |
| Gloria | — | Yea |
| McCarty | — | Yea |
| Chu | — | Yea |
| Kiley | — | Yea |
| Low | — | Yea |
| O'Donnell | — | Yea |
| Chau | — | Yea |
| Obernolte | — | Yea |
| Cooley | — | Yea |
| Frazier | — | Not Voting |
| Eggman | — | Not Voting |
| Voepel | — | 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 |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 0 | 0 | 0 |
| Unaffiliated | 27 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Galgiani | — | Yea |
| Mitchell | — | Yea |
| Portantino | — | Yea |
| Glazer | — | Yea |
| Dodd | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Roth | — | Yea |
| Chang | — | Yea |
| Atkins | — | Yea |
| Melendez | — | Yea |
| Leyva | — | Yea |
| Bradford | — | Yea |
| Morrell | — | Yea |
| Hill | — | Yea |
| Borgeas | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Yea |
| Rubio | — | Yea |
| Allen | — | Yea |
| Pan | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Nielsen | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Yea |
| Wilk | — | Yea |
| 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 | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Melendez | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Borgeas | — | Yea |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 22 | 0 | 0 | 0 |
| Unaffiliated | 50 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Friedman | — | Yea |
| Cooper | — | Yea |
| Brough | — | Yea |
| Weber | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Gloria | — | Yea |
| Gonzalez | — | Yea |
| Kamlager | — | Yea |
| Voepel | — | Yea |
| Holden | — | Yea |
| Diep | — | Yea |
| Daly | — | Yea |
| Mullin | — | Yea |
| Salas | — | Yea |
| Eggman | — | Yea |
| Wood | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Frazier | — | Yea |
| Obernolte | — | Yea |
| Mayes | — | Yea |
| Smith | — | Yea |
| Kiley | — | Yea |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| McCarty | — | Yea |
| Fong | — | Yea |
| Waldron | — | Yea |
| O'Donnell | — | Yea |
| Jones-Sawyer | — | Yea |
| Ting | — | Yea |
| Chau | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Nazarian | — | Yea |
| Low | — | Yea |
| Burke | — | Yea |
| Cooley | — | Yea |
| Levine | — | Yea |
| Medina | — | Yea |
| Chu | — | Yea |
| Cunningham | — | Yea |
| Mathis | — | Yea |
| Quirk | — | 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 |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Chiu | — | Yea |
| Obernolte | — | Yea |
| Chau | — | Yea |
| Kiley | — | Yea |
| Gonzalez | — | Yea |
| Maienschein | — | Not Voting |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2471 do?
- Existing law provides that a contract is extinguished by its rescission and sets forth methods for the rescission of a contract. Existing law authorizes a buyer to cancel certain home solicitation contracts or offers until midnight of the 3rd business day after the day on which the buyer signs an agreement or offer to purchase which complies with specified requirements. Existing law authorizes a buyer to cancel a home solicitation contract written for certain home improvement work until midnight of the 3rd business day after the buyer receives a signed and dated copy of the contract or offer to purchase that complies with specified requirements. Existing law requires contracts for a home solicitation contract or offer to include a notice of cancellation form with specified statement's as to the buyer's right to cancel. Existing law permits a buyer to provide a seller an express waiver to this right to cancel, if the contract meets other specified requirements. Existing law also provides a buyer a similar right to cancel a seminar sales solicitation contract or offer and imposes similar requirements to provide a notice of cancellation to the buyer. Existing law requires specific provisions and requirements for home improvement contracts, as defined, that are not governed by the provisions described above, and service and repair contracts. Existing law requires these contracts to include a notice regarding the buyer's 3-day right to cancel. Existing law authorizes the legislative body of a public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance certain improvements. Existing law prohibits a public agency from permitting a property owner meeting certain criteria to participate in any program established pursuant to these provisions for specified purposes unless the property owner is given the right to cancel the contractual assessment without penalty or obligation before midnight on the 3rd business day after a specified date. Existing law also requires a financing estimate and disclosure document to be provided to the property owner prior to entering into the voluntary contractual assessment. Existing law requires the document to include, among other things, a description of the property owner's right to cancel. This bill would extend the period of time to cancel the contracts or offers described above from 3 to 5 business days if the buyer or property owner is a senior citizen, as defined, for contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. The bill would also make conforming changes. This bill would incorporate additional changes to Section 5898.17 of the Streets and Highways Code proposed by AB 1551 to be operative only if this bill and AB 1551 are enacted and this bill is enacted last.
- Who sponsors AB 2471?
- AB 2471 is sponsored by Maienschein.
- What is the current status of AB 2471?
- This bill has been enacted into law. Introduced February 19, 2020. Enacted.
- Where can I track AB 2471?
- Track AB 2471 free on One Click Politics — get push/email alerts when it moves.
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