BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 502
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 502 (Wagner) - As Amended:  May 7, 2013 

          Policy Committee:                              JudiciaryVote:6-4

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Adopts amendments, to be effective July 1, 2014, to Division 9  
            of the Uniform Commercial Code, which governs secured  
            transactions in personal property.

          2)Appropriates $240,000 to the Secretary of State (SOS) to  
            implement the UCC changes.

           FISCAL EFFECT  

          One-time special fund appropriation of $240,000 to the SOS to  
          promulgate regulations, update forms, and modify an automated  
          filing system. [Business Fees Fund]

           COMMENTS  

           1)Background and Purpose  . This bill is sponsored by the  
            California Commission on Uniform State Laws to adopt the 2010  
            revisions to Article 9 of the Uniform Commercial Code (UCC) as  
            set forth by the American Law Institute and the National  
            Conference of Commissioners on Uniform State Laws. The last  
            major revision of Article 9, in 1999, was adopted in all 50  
            states. The ULC's goal is to enact the 2010 Amendments in  
            every state, with an effective date of July 1, 2013. This  
            revision is current law in over 30 states, and has been  
            introduced this year in the legislatures of another sixteen  
            states.

            According to the Uniform Law Commission, Article 9 of the UCC  
            governs secured transactions in personal property-the granting  








                                                                  AB 502
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            of credit secured by personal property. Hundreds of millions  
            of dollars of commercial and consumer credit are granted every  
            year in secured transactions under UCC Article 9. These rules  
            apply, for example, when a manufacturer finances the  
            acquisition of machinery, a retailer finances inventory, or a  
            consumer finances home furnishings.

            Article 9 provides rules that govern any transaction, other  
            than a finance lease, that involves the granting of credit  
            coupled with a creditor's interest in a debtor's personal  
            property.  If the debtor defaults, the creditor may possess  
            and sell the property to satisfy the debt.  The creditor's  
            interest is called a security interest, and perfection of the  
            creditor's security interest establishes the creditor's  
            priority over other creditors.  Article 9 specifies who has  
            the first rights in the collateral when two or more competing  
            creditors have legally enforceable interests in the  
            collateral.

           2)Amendment A  . The provisions of AB 502 are non-controversial  
            with one exception, as described briefly below, and in more  
            depth in the Assembly Judiciary Committee's analysis of the  
            bill.

            According to the ULC, some courts have struggled with the  
            question of what name a financing statement must provide for  
            an individual debtor in order for the debtor's name on the  
            financing statement to be sufficient.  The problem arises  
            because an individual does not typically have a single name.   
            The individual's name on his or her birth certificate,  
            driver's license, passport, tax return or bankruptcy petition  
            may all be different.

            In response to this problem, the ULC developed not one, but  
            two proposed solutions.  The first, Alternative A, is also  
            referred to as the "only if" approach, because under this  
            alternative, the name on the financing statement filed with  
            the Secretary of State against an individual debtor is deemed  
            sufficient only if it provides the name that appears on the  
            debtor's unexpired driver's license or DMV-issued state  
            identification card.  If, however, the debtor has not been  
            issued a driver's license or state ID card, then either (a)  
            the individual name of the debtor (i.e. as under current  
            Article 9), or (b) the debtor's surname and first personal  
            name would be sufficient. By contrast, Alternative B, also  








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            known as the "safe harbor rule", would instead allow (a) the  
            driver's license as specified by Alternative A, in addition  
            to: (b) the individual name of the debtor, as under current  
            Article 9, and (c) the debtor's surname and first personal  
            name.

            AB 502 includes Alternative A, which is supported by the  
            California Bankers Association, the California Chamber of  
            Commerce, and other business and lender groups, who state that  
            it "is the most effective, simple and certain method for  
            lenders to identify the name of an individual commercial  
            borrower and provides a preferred method for the secured  
            lending community to follow when filing and conducting  
            searches."

            Due to several concerns expressed with this approach,  
            including that it could be discriminatory in extending credit  
            to non-license holders, the policy committee adopted, over the  
            author's objection, an amendment prohibiting such  
            discriminatory credit practices.  As a result, the author  
            voted against his own bill.  

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081