AB 1743, as introduced, Dababneh. Electronic transactions: motor vehicle finance.
Existing law, the Uniform Electronic Transactions Act (UETA), generally allows parties to contract to conduct transactions by electronic means, imposes specified requirements on electronic transactions in order to comply with the act, and provides specified protections for electronic transactions conducted pursuant to the act. UETA does not apply to certain transactions, including, among others, those related to conditional sale contracts, as defined, and lease contracts, as defined, for motor vehicles.
This bill would delete that exemption from the UETA for conditional sale and lease contracts for motor vehicles.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1633.3 of the Civil Code, as amended
2by Chapter 638 of the Statutes of 2015, is amended to read:
(a) Except as otherwise provided in subdivisions (b)
2and (c), this title applies to electronic records and electronic
3signatures relating to a transaction.
4(b) This title does not apply to transactions subject to the
5following laws:
6(1) A law governing the creation and execution of wills, codicils,
7or testamentary trusts.
8(2) Division 1 (commencing with Section 1101) of the Uniform
9Commercial Code, except Sections 1206 and 1306.
10(3) Divisions 3 (commencing with Section 3101), 4
11(commencing with Section 4101), 5 (commencing with Section
125101), 8 (commencing with Section
8101), 9 (commencing with
13Section 9101), and 11 (commencing with Section 11101) of the
14Uniform Commercial Code.
15(4) A law that requires that specifically identifiable text or
16disclosures in a record or a portion of a record be separately signed,
17including initialed, from the record. However, this paragraph does
18not apply to Section 1677 or 1678 of this code or Section 1298 of
19the Code of Civil Procedure.
20(c) This title does not apply to any specific transaction described
21in Section 17511.5 of the Business and Professions Code, Section
2256.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
23or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
24Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
251789.16, or 1793.23 of, Chapter 1 (commencing with Section
261801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
271917.712, 1917.713, 1950.6,
1983, 2924b, 2924c, 2924f, 2924i,
282924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
292945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
302954.5 or 2963 of,begin delete Chapter 2b (commencing with Section 2981)
Section 3071.5 of, Part 5 (commencing with Section
31or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
32Division 3 of,end delete
334000) of Division 4 of, or Part 5.3 (commencing with Section
346500) of Division 4 of this code, subdivision (b) of Section 18608
35or Section 22328 of the Financial Code, Section 1358.15, 1365,
361368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
37Section 662, paragraph (2) of subdivision (a) of Section 663, 664,
38667.5, 673, 677, paragraph (2) of subdivision (a) of Section 678,
39subdivisions (a) and (b) of Section 678.1, Section 786 as it applies
40to individual and group disability policies, Section 10192.18,
P3 110199.44, 10199.46, 10235.16, 10235.40, 11624.09, or 11624.1
2of the Insurance Code, Section 779.1, 10010.1, or 16482 of the
3Public Utilities Code, or Section 9975 or 11738 of the Vehicle
4Code. An electronic record may not be substituted for any notice
5that is required to be sent pursuant to Section 1162 of the Code of
6Civil Procedure. Nothing in this subdivision shall be construed to
7prohibit the recordation of any document with a
county recorder
8by electronic means.
9(d) This title applies to an electronic record or electronic
10signature otherwise excluded from the application of this title under
11subdivision (b) when used for a transaction subject to a law other
12than those specified in subdivision (b).
13(e) A transaction subject to this title is also subject to other
14applicable substantive law.
15(f) The exclusion of a transaction from the application of this
16title under subdivision (b) or (c) shall be construed only to exclude
17the transaction from the application of this title, but shall not be
18construed to prohibit the transaction from being conducted by
19electronic means if the transaction may be conducted by electronic
20means under any other applicable law.
21(g) Notwithstanding
subdivisions (b) and (c), this title shall
22apply to electronic records and electronic signatures relating to
23transactions conducted by a person licensed, certified, or registered
24pursuant to the Alarm Company Act (Chapter 11.6 (commencing
25with Section 7590) of Division 3 of the Business and Professions
26Code) for purposes of activities authorized by Section 7599.54 of
27the Business and Professions Code.
28(h) This section shall remain in effect only until January 1, 2019,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2019, deletes or extends that date.
Section 1633.3 of the Civil Code, as amended by
32Chapter 638 of the Statutes of 2015, is amended to read:
(a) Except as otherwise provided in subdivisions (b)
34and (c), this title applies to electronic records and electronic
35signatures relating to a transaction.
36(b) This title does not apply to transactions subject to the
37following laws:
38(1) A law governing the creation and execution of wills, codicils,
39or testamentary trusts.
P4 1(2) Division 1 (commencing with Section 1101) of the Uniform
2Commercial Code, except Sections 1206 and 1306.
3(3) Divisions 3 (commencing with Section 3101), 4
4(commencing with Section 4101), 5 (commencing with Section
55101), 8 (commencing with Section
8101), 9 (commencing with
6Section 9101), and 11 (commencing with Section 11101) of the
7Uniform Commercial Code.
8(4) A law that requires that specifically identifiable text or
9disclosures in a record or a portion of a record be separately signed,
10including initialed, from the record. However, this paragraph does
11not apply to Section 1677 or 1678 of this code or Section 1298 of
12the Code of Civil Procedure.
13(c) This title does not apply to any specific transaction described
14in Section 17511.5 of the Business and Professions Code, Section
1556.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
16or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
17Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
181789.16, or 1793.23 of, Chapter 1 (commencing with Section
191801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
201917.712, 1917.713, 1950.6,
1983, 2924b, 2924c, 2924f, 2924i,
212924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
222945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
232954.5 or 2963 of,begin delete Chapter 2b (commencing with Section 2981)
Section 3071.5 of Part 5 (commencing with Section
24or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
25Division 3 of,end delete
264000) of Division 4 of, or Part 5.3 (commencing with Section
276500) of Division 4 of this code, subdivision (b) of Section 18608
28or Section 22328 of the Financial Code, Section 1358.15, 1365,
291368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
30Section 662, 663, 664, 667.5, 673, 677, 678, 678.1, 786 as it applies
31to individual and group disability policies, 10192.18, 10199.44,
3210199.46, 10235.16, 10235.40, 11624.09, or 11624.1 of the
33Insurance Code, Section 779.1, 10010.1, or 16482 of the Public
34Utilities Code, or Section 9975 or 11738 of the Vehicle Code. An
35electronic record may not be substituted for any notice that is
36required to be sent pursuant to Section 1162 of the Code of Civil
37Procedure. Nothing in this subdivision shall be construed to
38prohibit the recordation of any document with a county recorder
39by electronic means.
P5 1(d) This title applies to an electronic
record or electronic
2signature otherwise excluded from the application of this title under
3subdivision (b) when used for a transaction subject to a law other
4than those specified in subdivision (b).
5(e) A transaction subject to this title is also subject to other
6applicable substantive law.
7(f) The exclusion of a transaction from the application of this
8title under subdivision (b) or (c) shall be construed only to exclude
9the transaction from the application of this title, but shall not be
10construed to prohibit the transaction from being conducted by
11electronic means if the transaction may be conducted by electronic
12means under any other applicable law.
13(g) Notwithstanding subdivisions (b) and (c), this title shall
14apply to electronic records and electronic signatures relating to
15transactions conducted by a person
licensed, certified, or registered
16pursuant to the Alarm Company Act (Chapter 11.6 (commencing
17with Section 7590) of Division 3 of the Business and Professions
18Code) for purposes of activities authorized by Section 7599.54 of
19the Business and Professions Code.
20(h) This section shall become operative on January 1, 2019.
21(i) This section shall remain in effect only until January 1, 2021,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2021, deletes or extends that date.
Section 1633.3 of the Civil Code, as added by Chapter
25638 of the Statutes of 2015, is amended to read:
(a) Except as otherwise provided in subdivisions (b)
27and (c), this title applies to electronic records and electronic
28signatures relating to a transaction.
29(b) This title does not apply to transactions subject to the
30following laws:
31(1) A law governing the creation and execution of wills, codicils,
32or testamentary trusts.
33(2) Division 1 (commencing with Section 1101) of the Uniform
34Commercial Code, except Sections 1206 and 1306.
35(3) Divisions 3 (commencing with Section 3101), 4
36(commencing with Section 4101), 5 (commencing with Section
375101), 8 (commencing with Section
8101), 9 (commencing with
38Section 9101), and 11 (commencing with Section 11101) of the
39Uniform Commercial Code.
P6 1(4) A law that requires that specifically identifiable text or
2disclosures in a record or a portion of a record be separately signed,
3including initialed, from the record. However, this paragraph does
4not apply to Section 1677 or 1678 of this code or Section 1298 of
5the Code of Civil Procedure.
6(c) This title does not apply to any specific transaction described
7in Section 17511.5 of the Business and Professions Code, Section
856.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
9or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
10Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
111789.16, or 1793.23 of, Chapter 1 (commencing with Section
121801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
131917.712, 1917.713, 1950.6,
1983, 2924b, 2924c, 2924f, 2924i,
142924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
152945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
162954.5 or 2963 of,begin delete Chapter 2b (commencing with Section 2981)
Section 3071.5 of Part 5 (commencing with Section
17or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
18Division 3 of,end delete
194000) of Division 4 of, or Part 5.3 (commencing with Section
206500) of Division 4 of this code, subdivision (b) of Section 18608
21or Section 22328 of the Financial Code, Section 1358.15, 1365,
221368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
23Section 662, 663, 664, 667.5, 673, 677, 678, 678.1, 786, 10086,
2410113.7, 10127.7, 10127.9, 10127.10, 10192.18, 10199.44,
2510199.46, 10235.16, 10235.40, 10509.4, 10509.7, 11624.09, or
2611624.1 of the Insurance Code, Section 779.1, 10010.1, or 16482
27of the Public Utilities Code, or Section 9975 or 11738 of the
28Vehicle Code. An electronic record may not be substituted for any
29notice that is required to be sent pursuant to Section 1162 of the
30Code of Civil Procedure. Nothing in this subdivision shall be
31construed to prohibit the recordation of any document with a county
32recorder by electronic means.
33(d) This title applies to an
electronic record or electronic
34signature otherwise excluded from the application of this title under
35subdivision (b) when used for a transaction subject to a law other
36than those specified in subdivision (b).
37(e) A transaction subject to this title is also subject to other
38applicable substantive law.
39(f) The exclusion of a transaction from the application of this
40title under subdivision (b) or (c) shall be construed only to exclude
P7 1the transaction from the application of this title, but shall not be
2construed to prohibit the transaction from being conducted by
3electronic means if the transaction may be conducted by electronic
4means under any other applicable law.
5(g) Notwithstanding subdivisions (b) and (c), this title shall
6apply to electronic records and electronic signatures relating to
7transactions conducted by
a person licensed, certified, or registered
8pursuant to the Alarm Company Act (Chapter 11.6 (commencing
9with Section 7590) of Division 3 of the Business and Professions
10Code) for purposes of activities authorized by Section 7599.54 of
11the Business and Professions Code.
12(h) This section shall become operative on January 1, 2021.
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