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
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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:
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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