BILL NUMBER: AB 299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Eng
FEBRUARY 9, 2011
An act to amend Section 22400 of 12303 of,
to add Section 12317 to, and to add Chapter 5 (commencing with
Section 12400) to Division 12 of, the Financial
Elections Code, relating to finance
lenders voting rights .
LEGISLATIVE COUNSEL'S DIGEST
AB 299, as amended, Eng. Finance lenders: consumer loans.
Voting rights: language assistance.
(1) Existing state and federal laws, including the federal Voting
Rights Act of 1965, require elections officials to provide language
assistance to voters with limited English proficiency in order to
access voting information and cast their votes at the polling place.
Existing law also requires elections officials, under specified
circumstances, to make reasonable efforts to recruit elections
officials who are fluent in a language used by citizens who lack
sufficient skill in English to vote without assistance.
This bill would revise the recruitment provisions to apply to
precincts where the elections official is required to post translated
facsimile ballots and would require each county, not later than 60
days before the first statewide election held in every even-numbered
year, to submit a specified report to the Secretary of State
describing the county's plan for compliance with state and federal
laws enacted to assist voters with limited English proficiency. The
bill would require that this report be made available to the public
upon request and that the Secretary of State issue guidance for a
uniform standard report format for this purpose that includes, at a
minimum, specified information that sets forth the county's plan for
protecting the rights of these voters. By increasing the duties of
local elections officials, the bill would impose a state-mandated
local program.
The bill would also require the elections official to evaluate
complaints filed against precinct board members and would require the
Secretary of State to select the best practices and resources for
precinct board member training. The Secretary of State would also be
required to consult with an advisory body composed of specified
members for this purpose and to report violations of these provisions
pursuant to law.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law, the California Finance Lenders Law, provides for the
licensure and regulation of finance lenders and brokers by the
Department of Financial Institutions. Existing law provides for the
regulation of consumer loans, as defined. Existing law provides for
the regulation of precomputed charges with regard to loan contracts
payable in monthly installments, as specified.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) California is seeing an increasing gap between the state's
voting and nonvoting populations. Barriers to voting, such as
complicated voting materials and unfamiliar voting procedures,
contribute significantly to this gap. In California, there are
millions of voters with limited English proficiency. Large numbers of
voters continue to be first-time voters who are unfamiliar with the
voting process.
(b) Federal and state laws require elections officials to provide
bilingual voting assistance to these voters, and some cities and
counties in California with substantial concentrations of language
minorities are subject to federal court decrees pursuant to the
Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.) that require
them to provide additional language assistance and translated voting
materials. These voting rights laws help the ability of voters with
limited English proficiency and first-time voters to overcome
barriers to voting.
(c) While the vast majority of precinct board members are
committed to serving voters on election day, poll monitoring efforts
by various organizations have observed a lack of compliance or
misapplication of federal and state laws relating to voting rights.
Poll monitors have observed polling places failing to provide the
required translated voting materials, not having bilingual precinct
board members, and failing to provide provisional ballots. As a
result of these failures, voters are unable to exercise their right
to vote.
(d) The Secretary of State has the authority, pursuant to Section
12172.5 of the Government Code, to require elections officials to
make reports concerning elections in their jurisdictions and assist
elections officials in discharging their duties.
(e) Increasing compliance with federal and state voting rights
laws, and implementing a best practices approach to precinct board
member training, will facilitate the ability of voters with limited
English proficiency and first-time voters to participate in
California's democracy.
SEC. 2. Section 12303 of the Elections
Code is amended to read:
12303. (a) No person who cannot read or write the English
language is eligible to act as a member of any precinct board.
(b) It is the intent of the Legislature that non-English-speaking
citizens, like all other citizens, should be encouraged to vote.
Therefore, appropriate efforts should be made to minimize obstacles
to voting by citizens who lack sufficient skill in English to vote
without assistance.
(c) Where the elections official finds that citizens
described in subdivision (b) approximate 3 percent or more of the
voting-age residents of a precinct, or in the event that interested
citizens or organizations provided information which the elections
official believes indicates a need for voting assistance for
qualified citizens described in subdivision (b) In
precincts where the elections official is required to post
translated facsimile ballots in accordance with the determinations
and findings made by the Secretary of State pursuant to Section 14201
, the elections official shall make reasonable efforts to
recruit election elections officials
who are fluent in a the determined
language used by citizens described in subdivision (b) and
in English or languages . This recruitment shall
be conducted through the cooperation of interested citizens and
organizations and through voluntarily donated public service notices
in the media, including newspapers, radio, and television,
particularly those media that serve the non-English-speaking citizens
described in subdivision (b).
(d) At least 14 days before an election, the elections official
shall prepare and make available to the public a list of the
precincts to which officials were appointed pursuant to this section,
and the language or languages other than English in which they will
provide assistance.
SEC. 3. Section 12317 is added to the
Elections Code , to read:
12317. In selecting the members of the precinct board, the
elections official shall evaluate complaints filed against precinct
board members, and shall excuse those who are found to be
unsatisfactory in carrying out their duties in connection with the
conduct of the election.
SEC. 4. Chapter 5 (commencing with Section 12400)
is added to Division 12 of the Elections Code ,
to read:
CHAPTER 5. LANGUAGE ASSISTANCE
12400. (a) Each county shall submit a report not later than 60
days prior to the first statewide election held in each even-numbered
year, as set forth in Section 1001, to the Secretary of State
describing the county's plan for compliance with applicable federal
and state laws and regulations related to providing voters with
language assistance. Not later than 60 days prior to each subsequent
statewide election held in an even-numbered year, each county shall
submit an update detailing material changes to the plan it submitted
for the first election of that year. Federal and state laws and
regulations to be addressed by the plan include, but are not limited
to, all of the following:
(1) Section 203 (42 U.S.C. Sec. 1973aa-1a) and Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) of the Federal Voting Rights Act of 1965,
and the regulations issued by the United States Department of Justice
(28 C.F.R. 55.1 to 55.21, incl.).
(2) Federal Help America Vote Act (42 U.S.C. Sec. 15301 et seq.).
(3) Section 12303.
(4) Section 14201.
(b) The Secretary of State shall issue guidance for a uniform
standard report format that will enable each county to comply with
the requirements of this section to report the county's plan for
protecting the rights of voters with limited English proficiency. A
county shall, at a minimum, include all of the following information
in its plan:
(1) The translated facsimile copies of ballots with ballot
measures and ballot instructions required to be made available at
polling places on election day pursuant to Section 14201.
(2) The translated signage and ballot materials to be provided to
voters prior to election day and at polling places.
(3) The estimated number of bilingual precinct board members
necessary to meet the language needs of voters with limited English
proficiency and the planned method to recruit a sufficient number of
bilingual precinct board members.
(4) The methodology of assigning bilingual precinct board members
to polling places, including the process for determining the need for
bilingual voting assistance in additional precincts to meet state
and federal language assistance requirements.
(5) A description of the training provided to precinct board
members to educate them about compliance with federal and state
voting rights laws and regulations and the best practices approach
used to assist voters with limited English proficiency, voters with
disabilities, and first-time voters, including any copies of precinct
member training curricula and handbooks.
(6) The plans for conducting outreach to, and education of, voters
with limited English proficiency, including electoral activities,
the availability of translated materials and bilingual assistance
through the display of public notices, the use of media outlets that
serve language minorities, and direct contact with organizations that
serve language minority populations.
(7) The plans for operating voter hotlines that can adequately
respond to telephone calls from voters with limited English
proficiency.
(c) Upon receipt of each report, the Secretary of State shall
conduct an assessment of each county's plan. If any problems or
deficiencies are identified, the Secretary of State shall provide
assistance and expertise to the county to correct the problems or
deficiencies. The Secretary of State shall also review precinct board
member training curricula and handbooks to assess their inclusion of
the uniform standards adopted by the Secretary of State pursuant to
Section 12309.5, and if any problems or deficiencies are identified,
the Secretary of State shall provide assistance and expertise to the
county to correct the problems or deficiencies.
(d) The Secretary of State shall select the best practices and
resources for implementing the laws referenced in subdivision (a) and
for the Secretary of State's precinct board member training
standards issued pursuant to Section 12309.5 and shall make them
available to elections officials in a centralized repository. The
Secretary of State shall update the central repository each year.
(e) In implementing subdivisions (c) and (d), the Secretary of
State shall consult with an advisory body composed of members from
voting rights organizations, elections officials, and civic
engagement groups.
(f) The Secretary of State shall report violations of this section
pursuant to Section 12172.5 of the Government Code.
(g) The reports provided pursuant to subdivision (a) shall be made
available to the public upon request.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 22400 of the Financial Code
is amended to read:
22400. This article applies only to loan contracts payable in
substantially equal and consecutive monthly installments of principal
and charges combined, the first of which is due not less than 15
days nor more than one month and 15 days from the date the loan is
made. In lieu of computing charges and applying payments as provided
in Section 22307, a licensee may precompute charges and apply
payments as follows:
(a) The total charges that would be earned if the contract were
repaid exactly according to its terms, at the monthly rate stated in
the contract, may be precomputed when the loan is made and added to
the principal of the loan. For the purpose of computation, a month
shall be that period of time from any date in one month to the
corresponding date in the next month, and if there is no
corresponding date, then to the last day of the next month. The
principal amount of the loan shall be its face value as referred to
in Section 22309. Every payment may be applied to the combined total
of principal and precomputed charges until the contract is fully
paid. The acceptance of payment of charges on loans made under the
provisions of this article shall not be deemed to constitute payment
deduction or receipt thereof in advance nor compounding under Section
22309. Precomputed charges shall be subject to the following
adjustments:
(1) The portion of the precomputed charge applicable to any
particular monthly installment period shall bear the same ratio to
the total precomputed charge, excluding any adjustment made for a
first period of more than one month, as the balance scheduled to be
outstanding during that monthly period bears to the sum of all
monthly balances scheduled originally by the loan contract.
(2) If the loan contract is paid in full by cash, a new loan,
refinancing, or otherwise, the borrower shall receive a rebate of
that portion of the precomputed charge that is the difference between
the total precomputed charge and the charges at the contract rate
computed in accordance with the provisions of Section 22307 or 22308.
The tender, by the borrower or at his or her request, of an amount
equal to the unpaid balance, less the required rebate, must be
accepted by the licensee in full payment of the contract.
(3) If three or more, but not all, installments are prepaid in
full at any one time, all of the prior charges for the loan shall be
recalculated and all subsequent charges for the remaining term of the
loan shall be recalculated by applying each payment first to charges
and the remainder to principal in accordance with the provisions of
Section 22307 or 22308.
(4) If the payment date of all wholly unpaid installments on which
no default charge has been collected is deferred one or more full
months and the contract so provides, the licensee may charge and
collect a deferment charge. The deferment charge shall not exceed the
portion of the precomputed charge applicable prior to deferment, to
the first deferred monthly installment period multiplied by the
number of months the maturity of the contract is deferred. The number
of months shall not exceed the number of full installments that are
in default on the date of deferment or that may become due within 15
days of that date. When a deferment charge is made, no portion of the
precomputed charge shall apply to the installment periods in which
no installment payment is required by reason of the deferment. In
computing any default charge or required rebate, the portion of the
precomputed charge applicable to each deferred balance and
installment period following the deferment period and prior to the
deferred maturity shall remain the same as that applicable to the
balances and periods under the original loan contract. The charge may
be collected at the time of deferment or at any time thereafter. Any
payment received at the time of deferment may be applied first to
the deferment charge and the remainder, if any, applied to the unpaid
balance of the contract. However, if the payment is sufficient to
pay, in addition to the appropriate deferment charge, any installment
that is in default and the applicable default charge, it shall be
first so applied and any such installment shall not be deferred nor
subject to the deferment charge.
(5) In the event of default of more than 10 days in the payment of
one-half or more of any scheduled installment, the licensee may
charge and collect a default charge not exceeding an amount equal to
the portion of the precomputed charge applicable to the final
installment period. The charge may not be collected more than once
for the same default and may be collected at the time of the default
or at any time thereafter. If the default charge is deducted from any
payment received after default occurs, and the deduction results in
the default of a subsequent installment, no charge may be made for
the resulting default.
(6) A borrower and licensee may agree that the first installment
due date may be not more than 15 days more than one month and the
amount of the installment may be increased by one-thirtieth of the
portion of the precomputed charge applicable to a first installment
of one month for each extra day.
(b) The statement to be given to the borrower as provided in
subdivision (a) of Section 22337 and the contract shall disclose in
addition to other required information the principal amount of the
loan exclusive of charges and the basis for computing the refund of
precomputed charges in case of prepayment in full or acceleration of
maturity and for computing default and deferment charges. The
delivery of a receipt of each payment showing the total amount of
each payment complies with subdivision (d) of Section 22337.
(c) If the maturity of the contract when the charges are
precomputed is accelerated for any reason, the licensee shall make
the same refund or credit as would be required if the contract was
paid in full on the date of acceleration. The unpaid balance shall be
treated as the unpaid principal balance, and thereafter the unpaid
balance of the contract shall bear charges at the agreed rate of
charge if the loan contract so provides.