BILL NUMBER: AB 1892	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012

INTRODUCED BY   Assembly Member Halderman

                        FEBRUARY 22, 2012

   An act to add Section 338 to the Business and Professions Code,
  and to add Section 898 to the Civil Code, 
relating to  construction defects   the
Department of Consumer Affairs  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1892, as amended, Halderman.  Construction defects:
homeowners.   Department of Consumer Affairs:
construction defect solicitations.  
   Existing law establishes the Department of Consumer Affairs.

    Under existing law, the Department of Consumer Affairs is
comprised of boards that license and regulate various professions and
vocations. Existing law provides that these boards are established
to ensure that private businesses and professions are regulated to
protect the people of this state. Under existing law, the department
is under the control of the Director of Consumer Affairs. Existing
law requires the director to administer and enforce the provisions of
the Consumer Affairs Act, the intent of which is to promote and
protect the interests of the people as consumers.  Existing law
also specifies the rights of a homeowner to bring an action against a
builder for construction defects, including the applicable standards
for home construction, the statute of limitations, the burden of
proof, the damages recoverable, prelitigation procedures, and the
obligations of the homeowner.
   This bill would require the  Department of Consumer
Affairs   department  to post  information
  a notice  on its Internet Web site 
concerning a homeowner's rights and responsibilities in bringing an
action against a builder for construction defects  
advising a consumer who receives a construction defect solicitation
to check with his or her builder in addition to taking  
other further action  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 338 is added to the Business and Professions
Code, to read:
   338.  The department shall post  information 
 the following statement  on its Internet Web  site
concerning actionable construction defects, the obligations of
  builders and homeowners in construction defect
cases, prelitigation procedures, and the requirements for bringing a
construction defect claim against a builder under Title 7 (commencing
with Section 895) of Part 2 of Division 2 of the Civil Code.
  site: 



   "If you receive a construction defect solicitation, please check
with your builder in addition to taking any further action." 

  SEC. 2.    Section 898 is added to the Civil Code,
to read:
   898.  The Department of Consumer Affairs shall post information on
its Internet Web site concerning actionable construction defects,
the obligations of builders and homeowners in construction defect
cases, prelitigation procedures, and the requirements for bringing a
construction defect claim against a builder under this title.