BILL ANALYSIS                                                                                                                                                                                                    



                                                                            
         AB 1373
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1373 (Lieu)
        As Amended  June 29, 2010
        Majority vote

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        |ASSEMBLY:  |     |(June 3, 2009)  |SENATE: |22-9 |(August 12,    |
        |           |     |                |        |     |2010)          |
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                  (vote not relevant)


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        |COMMITTEE VOTE:  |9-0  |(August 24, 2010)   |RECOMMENDATION: |concur    |
        |                 |     |                    |                |          |
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        Original Committee Reference:    NAT. RES.

        SUMMARY  :  Restricts the activities of grant deed copy services by  
        prohibiting misleading
        representations about the necessity of obtaining a copy of a grant  
        deed or that the copy service is a governmental  entity or  
        affiliated with such an entity, and requiring specific disclosures  
        that informs homeowners that they may obtain a copy of their grant  
        deed directly from the county recorder.

         The Senate amendments  delete the Assembly version of this bill, and  
        instead:

        1)Make it unlawful for any person, firm, corporation, association,  
          or any other business entity to make any untrue or misleading  
          statements in any manner in connection with the offering or  
          performance of a grant deed copy service.

        2)Define "untrue or misleading statement" as including, but not  
          limited to, any representation, with regard to property  
          identified by its address or assessor's parcel number that any of  
          the following is true:

      a)   That due to property foreclosures and loan modifications in the  
             county where the property is located, the property owner  
             should obtain a copy of his or her grand deed or other record  
             of title;








                                                                            
         AB 1373
                                                                Page  2

      b)   That a governmental entity, or any other entity that includes in  
             its name words that could lead a person to reasonably believe  
             that the entity is affiliated with government, has recommended  
             that a property owner should have a copy of his or her grant  
             deed or other record of title;

      c)   That the offeror of the grant deed copy service is, or is  
             affiliated with, any government entity.  Provides that a  
             violation of this provision includes, but is not limited to,  
             the following:

             i)     The misleading use of any governmental seal, emblem, or  
                      other similar symbol;

      ii)    The use of a business name including the words "title," "grant  
               deed," or "public record" and the word "agency," "bureau,"  
               "department," "division," "federal," "state," "county,"  
               "city," or "municipal," or the name of any city, county,  
               city and county, or any governmental entity;

      iii)   The use of an envelope that simulates an envelope containing a  
               government check, tax bill, or government notice or has the  
               capacity to be confused with, or mistaken for, an envelope  
               sent by a governmental entity; or,

      iv)    The use of an envelope or outside cover or wrapper in which a  
               solicitation is mailed that does not bear on its face in  
               capital letters and in conspicuous and legible type the  
               following: "THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED  
               DOCUMENT."

      d)   That there is a fee payment deadline to obtain a copy of a  
             property owner's grant deed or other record of title.

        3)Make it unlawful to offer to perform a grant deed copy service  
          without making the following disclosure: "THIS SERVICE TO OBTAIN  
          A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE IS NOT  
          ASSOCIATED WITH ANY GOVERNMENTAL AGENCY.  YOU CAN OBTAIN A COPY  
          OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE COUNTY  
          RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR [AMOUNT  
          OF FEE FOR THE COPY OF A GRANT DEED OR OTHER RECORD OF TITLE IN  
          THAT COUNTY]."  

        4)Specify that the disclosure outlined in 3) above shall be:








                                                                            
         AB 1373
                                                                Page  3

      a)   Placed at the top of each page of every advertisement or  
             promotional material disseminated by an offeror of a grant  
             deed copy service, printed in 14-point boldface type enclosed  
             in a box formed by a heavy line, and recited at the beginning  
             of every oral solicitation; and,

      b)   Recited at the beginning of every oral solicitation and  
             broadcast advertisement and delivered in printed form as  
             prescribed above before the time each person who responds to  
             the oral solicitation or broadcast advertisement is obligated  
             to pay for the service.

        5)Define "grant deed copy service" to mean a service offered by a  
          person, firm, corporation, association, or any other business  
          entity, through a mailed solicitation to a property owner, to  
          obtain, for compensation, a copy of the property owner's grant  
          deed or other record of title.

         EXISTING LAW  provides that certain advertising-related practices  
        are unlawful and makes a violation of those provisions a crime.

         AS PASSED BY THE ASSEMBLY  , this bill required the California Energy  
        Commission, in consultation with the State Air Resources Board, to  
        assess the potential to reduce the use and emissions of high-global  
        warming potential compounds in stationary refrigeration and  
        air-conditioning industry in California.

         FISCAL EFFECT :  According to the Senate Appropriations Committee,  
        pursuant to Senate Rule 28.8, negligible state costs.


         COMMENTS  :  This bill was substantially amended in the Senate and  
        the Assembly-approved provisions of this bill were deleted.  This  
        bill, as amended in the Senate, is inconsistent with Assembly  
        actions.  Subsequently, the Senate-approved version of this bill  
        was heard and passed from the Assembly Business, Profession and  
        Consumer Protection Committee.


         Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916)  
        319-3301 

        FN:  
        0006731