NOTE: *denotes urgency legislation
SB 258 (O'Connell-D) - Home Inspectors Creates a standard of care for home inspectors. Provides that contractual provisions which waive a home inspector's duty of due care or limit liability are contrary to public policy and invalid. Prohibits a list of practices by home inspectors which raise questions of conflict of interest as "unfair business practices." Exempts specific professions. Provides that the time for commencing a legal action for breach of duty arising from a home inspection report not exceed 4 years from date of inspection. Chapter 338, Statutes of 1996 SB 610 (Leonard-R) - Cable Television Services Establishes a statutory late fee provision for cable television services. Chapter 666, Statutes of 1996 SB 798 (Mountjoy-R) - Heaters: Gas Logs Allows the sale of unvented decorative logs and fireplaces, as specified. Chapter 73, Statutes of 1996 SB 930 (Leonard-R) - Product Liability Enacts the California Product Liability Reform Act of 1995 establishing specific provisions governing the determination of strict liability for design defects, and exempts prescription drug manufacturers from strict liability for design defects. (Failed passage in Senate Judiciary Committee) Similar legislation was AB 1601 (Poochigian-R) which failed passage in Assembly Judiciary Committee. SB 1031 (Calderon-D) - Travel Exempts dive stores from registering as a "seller of travel" (travel agent) with the Attorney General and paying into the Consumer Restitution Fund. (Died in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee SB 1070 (Calderon-D) - Rental Cars Changes existing procedures relative to the types of taxes which a rental car company may exclude from its advertised rate. Chapter 992, Statutes of 1996 SB 1142 (Peace-D) - Telephonic Sellers Requires the Department of Consumer Affairs to establish a list of consumers who do not want telephone solicitations. (Failed passage in Assembly Utilities and Commerce Committee) SB 1358* (Lewis-R) - Travel Reduces the expected balance in the Travel Consumer Restitution Corporation operations fund from $1.6 million to $1.2 million. Amends existing law to provide that participants in the fund may be assessed an emergency assessment if the expected balance in the fund falls below $900,000. Chapter 52, Statutes of 1996 Similar legislation was AB 281* (Speier-D) which failed passage in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee when it came back for concurrence from the Senate and AB 3066* (Frusetta-R) which died on Assembly Inactive File. SB 1466 (Johannessen-R) - Service Stations: Public Rest Rooms: Gasoline Requirements Provides that under specified circumstances, service stations in a rural area are exempt from the requirement of providing at least 2 separate restrooms for use by men and women. Requires gasoline sold for use in Inyo, Mono or a portion of Kern County to meet certain specified standards. Chapter 489, Statutes of 1996 SB 1512 (Calderon-D) - Telephonic Sellers: Telephonic Sales Calls Requires the Consumer Law Section of the Department of Justice to maintain a "do not call list" of persons who have requested that their telephone number be included on the list. Requires telephonic sellers and other persons making telephonic sales calls to consumers to register with the Consumer Law Section for this purpose, and prohibits a registrant from calling a number included on the list, except in cases of prior consent. (Failed passage in Senate Appropriations Committee) SB 1520 (Johnston-D) - Highways: Outdoor Advertising Displays Allows on-premise signs within a development project to continue to be deemed on-premise signs, and therefore not subject to reclassification upon the sale, transfer or conveyance of individual parcels or businesses within the development project. Exempts on-premises advertising displays from regulatory provisions, as specified. Sunsets January 1, 1999. Chapter 495, Statutes of 1996 SB 1530 (Marks-D) - Solicitations: Fraudulent Bills Provides that the prohibition against sending "phony bills" be amended to conform to similar federal law. Chapter 397, Statutes of 1996 SB 1576 (Calderon-D) - Motor Vehicles: Conditional Sales Contracts Removes the interest rate ceilings on automobile installment sales contracts over $1,650. Chapter 665, Statutes of 1996 SB 1577 (Calderon-D) - Product Liability Allows admission of evidence of a driver's impaired operation of a motor vehicle resulting from use of alcohol or drugs for the purpose of determining comparative fault of the driver, as specified, involving product liability action brought against the manufacturer or distributor of a motor vehicle. (Died in Senate Judiciary Committee) SB 1582 (Maddy-R) - Unclaimed Property: Small Estates Allows a county treasurer to release unclaimed money deposited pursuant to provisions of current law regarding summary disposition of small estates to any blood relative of either the decedent or the decedent's predeceased spouse who files an affidavit with the county treasurer to collect money or receive tangible property from the state. Chapter 401, Statutes of 1996 SB 1639 (Ayala-D) - Motor Vehicle Loans Provides that any creditor who requests a cosigner as a condition of extending credit on a car purchase loan be required to give the cosigner a written notice of delinquency prior to repossessing the motor vehicle upon the buyer's default on the loan. Provides that persons liable for any default on a motor vehicle conditional sales contract be given notice of his/her liability for the payment of interest on any deficiency balance upon the sale of the repossessed vehicle from the date of sale to the date of entry of judgment, as specified. Chapter 313, Statutes of 1996 SB 1684 (Kopp-I) - Public Notices Amends existing requirements relative to public notices in the categories of sale of real property, orders to show cause for change of name, and fictitious names. (Failed passage on Senate Floor) SB 1818 (Marks-D) - Funeral Directors: Fees: AIDS Provides that no funeral director may charge an enhanced fee for services to a person whose cause of death was an illness related to acquired immune deficiency syndrome. (Died in Senate Business and Professions Committee) SB 1821 (Marks-D) - Civil Procedure: Personal Consumer Records Permits a consumer or employee, whose personal or employment records are subject to subpoena, and who is not a party to the action, to object to the subpoena. Requires the requesting party to then bring a motion within 20 days of the objection to enforce the subpoena. Chapter 679, Statutes of 1996 SB 1851 (Kelley-R) - Drinking Water Eliminates dual regulation of retail food facilities under the California Uniform Retail Food Facilities Law and the California Safe Drinking Water Act in those instances where a food facility does not provide drinking water. Chapter 874, Statutes of 1996 SB 1871 (Wright-R) - Credit Cards Repeals the statute requiring credit card issuers to furnish a statement to the cardholder of the amount of interest or finance charges which the cardholder paid during the preceding calendar year. Chapter 180, Statutes of 1996 SB 1942* (O'Connell-D) - Secondhand Dealers Exempts secondhand dealers whose business is limited to the reconditioning and selling of major household appliances from specific state regulations. Chapter 103, Statutes of 1996 SB 1959 (Calderon-D) - Check Cashers Authorizes check cashers to charge a fee of up to 15% of the face amount of a check whose deposit is to be deferred. Enacts additional consumer protections for regular customers of check cashing stores by imposing a civil penalty provision and a limit on fees for cashing a personal check. Chapter 682, Statutes of 1996 SB 2002 (Ayala-D) - Contractors: Licensing: Exemptions Exempts from the Contractors' State License Law, admitted surety insurers whenever they engage a contractor to complete a contract on which the surety insurer has issued a performance or completion bond, provided all actual construction work is performed by duly licensed contractors. Chapter 287, Statutes of 1996 SB 2014 (Alquist-D) - Unclaimed Property Makes several changes to statutes relating to unclaimed property and escheatage. Chapter 762, Statutes of 1996 SB 2030 (Killea-I) - Employment Contracts Provides that agencies that engage in the business of obtaining and filling commitments for domestic help be allowed to enter into continuing contracts with the domestic workers whom they place. Chapter 102, Statutes of 1996 SB 2040 (Hughes-D) - Home Improvement Contracts Provides that failure to disclose information required by existing law pursuant to a home improvement contract makes actions to seek any security interest in real property, not including mechanics' liens, to secure payment unenforceable. (Failed passage in Assembly Judiciary Committee) SB 2045 (Rosenthal-D) - Home Improvement Loans Provides that it is unfair or deceptive practice, punishable by civil damages, for a mortgage broker or lender, to directly or indirectly use a home improvement contractor as an agent for its business in any manner, including, but not limited to, negotiating the terms of a home improvement contract mortgage loan. Chapter 684, Statutes of 1996 SB 2050 (Calderon-D) - Retail Installment Accounts: Default Allows retailers to assess a fee in an amount not to exceed $15 on payments to credit card accounts that are delinquent more than 15 days. Chapter 301, Statutes of 1996 SB 2052 (Calderon-D) - Warranties: Motor Vehicle Manufacturers Extends the period during which a reasonable number of repair attempts must be made in order for a purchaser to obtain the presumption that a new motor vehicle is a "lemon" under the Tanner Consumer Protection Act, "Lemon Law". Expands the definition of the term "new motor vehicle" to include new motor vehicles used for business purposes by a person who has no more than 5 motor vehicles registered to that person in this state. (Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee) SB 2066 (Haynes-R) - Construction Contracts Provides that changes made to the law related to waiver and release of mechanics liens by SB 934 (Kopp-I) of 1993, as those changes related to retention proceeds, are clarification of existing law and therefore are retroactive. (Failed passage in Senate Judiciary Committee) SB 2099 (Kopp-I) - Business: Cable Television: Telecast Revenues Requires a promoter, as defined, who charges or receives a fee for televising a boxing or martial arts contest on a pay-per-view telecast, using a cable television system, to pay a 5% tax to the California State Athletic Commission. The 5% tax shall be based on the gross receipts from the telecast, exclusive of commissions, federal, state, and local taxes. (Died in Senate Appropriations Committee) SB 2149 (Thompson-D) - Junk Dealers and Recyclers Makes minor changes to existing law relative to junk and recycling dealers relative to their reporting requirements. (Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee) AB 410 (Battin-R) - Product Liability: Subsequent Remedial Measures Makes inadmissible, in strict liability product cases as well as in negligence cases, evidence of remedial or precautionary measures taken to improve the safety of a product which were taken after the occurrence of an injury caused by that allegedly defective product. (Failed passage in Senate Judiciary Committee) AB 576 (Villaraigosa-D) - Product Liability: Semiautomatic Pistols Makes manufacturers of a semiautomatic handgun liable for all damage caused by a semiautomatic pistol that does not have a loaded chamber indicator. (Failed passage in Assembly Public Safety Committee) AB 597* (Speier-D) - Cemeteries Provides for a loan, to be repaid by January 1, 2001, of $2,559,000 from any special fund of the regulatory agencies of the Department of Consumer Affairs. Appropriates those monies to augment the Consumer Affairs Fund in the 1995 Budget Act. Provides for examination of a cemetery's endowment care funds under specified circumstances. Chapter 38, Statutes of 1996 AB 616 (Morrow-R) - Fire Behavior and Fire Spread Study Matching Fund Establishes the Fire Behavior and Fire Spread Study Matching Fund to provide the State Fire Marshal up to $280,000 to conduct specific fire studies and tests, as specified. Chapter 975, Statutes of 1996 AB 628 (Thompson-R) - Advertising: Made in U.S.A. Makes it unlawful to use any name or term, such as American or U.S.A., or picture or symbol, such as an American Flag, or to make any other statement in an untrue or misleading manner so as to imply that any property, goods or thing produced, made, or manufactured, or otherwise had its origin in the United States when the merchandise has been substantially made, manufactured or produced outside the United States, as specified. (Died in Senate Business and Professions Committee) AB 808 (Granlund-R) - Outdoor Advertising Redefines the existing procedure authorizing the Director of Transportation to revoke any permit under the Outdoor Advertising Act for failure to comply with that law as specified. (Failed passage in Senate Governmental Organization Committee) AB 972* (Sher-D) - Product Liability: Tobacco Products Makes manufacturers and sellers of tobacco products subject to products liability lawsuits based on intentional fraud and misrepresentation, or conspiracy for injuries resulting from these products. (Failed passage in Assembly Judiciary Committee) AB 994 (Katz-D) - Health: Consumer Product Actions Empowers the Attorney General to bring lawsuits against the manufacturers of tobacco products to recover health care costs incurred by the state resulting from their use. (Died in Assembly Judiciary Committee) AB 1162 (Speier-D) - Tobacco: Advertising Prohibits any person, firm, corporation, partnership, or other organization from advertising, or causing to be advertised, tobacco products, on any outdoor billboard located within 1,500 feet of any public or private school as specified. (Failed passage in Assembly Health Committee) AB 1383 (Speier-D) - Motor Vehicles: Consumer Affairs Requires the Department of Motor Vehicles, in consultation with the Department of Consumer Affairs, to make specified information available on the Internet web site. Chapter 722, Statutes of 1996 AB 1455 (Cortese-RFM) - Contractors Allows the Contractors' State License Board, by regulation, to limit a general building contractor from doing work comprising less than 3 unrelated trades. Vetoed by the Governor AB 1607 (Brewer-R) - Travel: Dive Stores Exempts a dive store from the definition of a seller of travel. (Died in Senate Business and Professions Committee) AB 1721 (Ducheny-D) - Student and Consumer Records Expands, clarifies and revises responsibilities of community college districts and school districts as regards to furnishing student information in response to court orders, or lawfully issued subpoenas and notifying parents and students when furnishing such information. Chapter 879, Statutes of 1996 AB 1784 (Speier-D) - Swimming Pools Adds to the listing to be disclosed by a seller of residential property the presence or absence of a child resistant safety fence for a pool, and a locking safety cover for a spa or hot tub. Enacts the Swimming Pool Law to establish certain safety standards requiring swimming pool enclosures, powered safety pool covers, or exit alarms, as specified. (Failed passage in Assembly Appropriations Committee) AB 1963 (Figueroa-D) - Feminine Hygiene Products Requires the Department of Health Services to determine if dioxin levels, a carcinogen, is present in feminine hygiene products if it is able to obtain private funding. (Died in Assembly Health Committee) AB 2022 (Knight-R) - Product Liability Prohibits persons who are convicted of certain felonies from recovering damages for injuries incurred during the felony and counsel by a defective product. (Failed passage in Senate Judiciary Committee) AB 2045 (W. Murray-D) - Retail Price Commodity Charging: Scanners Requires the Secretary of the Department of Food and Agriculture to adopt regulations, as opposed to rules and regulations, to assure accuracy of automated systems for retail commodity price charging referred to as scanners. (Died in Senate Business and Professions Committee) AB 2233 (W. Murray-D) - Cemeteries Provides that a cemetery authority may be required to appoint a sole, qualified trustee in instances of its failure to file a report covering the condition of its endowment care fund or of an endowment care fund that is not in compliance with the law. Chapter 370, Statutes of 1996 AB 2234 (W. Murray-D) - Cemeteries: Fees Increases the fine which the Cemetery Board is authorized to impose upon a cemetery authority from $200 to $400 a month for late endowment care reports. Exempts until January 1, 1998 an applicant for a cemetery salesperson license from the written exam requirements for a cemetery broker's license. Raises fees that a cemetery authority must pay for each burial, entombment, inurnment or cremation and the crematory licensee for each cremation for purposes of repaying specified loans. Chapter 964, Statutes of 1996 A similar bill was AB 2696 (Kuykendall-R) which died on Assembly Unfinished Business File. AB 2238 (W. Murray-D) - Private Cemeteries: Discrimination Prohibits a cemetery from discriminating against any person based upon race or gender regarding the use of any property within the cemetery, as specified. Does not apply to native tribal burial grounds or cemeteries not subject to state jurisdiction. Chapter 769, Statutes of 1996 AB 2242 (Burton-D) - Food Facilities Allows outdoor displays of prepackaged, nonpotentially hazardous foods and uncut produce at food establishments. Chapter 92, Statutes of 1996 AB 2279 (Alpert-D) - Credit Services Organization Makes clarifying changes in the law that regulates credit services organizations which are companies which sell the service of repairing consumers' credit ratings. Chapter 648, Statutes of 1996 AB 2318 (Goldsmith-R) - Liability: Skating Rinks Creates the Roller Skating Safety Act, which sets forth duties and responsibilities for both roller skaters and rink operators. (Failed passage in Senate Judiciary Committee) AB 2339 (Harvey-R) - Food Labeling Changes the fat content label disclosure for chopped or ground beef and hamburger. Chapter 468, Statutes of 1996 AB 2344 (Woods-R) - Motor Vehicle Leases Provides that a radio advertisement to enter into a motor vehicle lease shall be deemed to comply with statutory disclosure requirements if the advertisement states certain information and either lists a toll-free phone number where the statutory disclosures may be obtained or refers to a written advertisement, as specified. Chapter 814, Statutes of 1996 AB 2349 (Harvey-R) - Food Facilities Requires local health officers to review and approve written procedures and records for cleaning and food handling as performed by mobile food vendors selling in enclosed sites. Provides requirement for food handling for mobile food facilities in general, and makes various technical changes. Chapter 1048, Statutes of 1996 AB 2396 (Archie-Hudson-D) - Home Improvement Contracts Provides that change-orders relating to specified construction contracts are not enforceable against the party contracting for the work unless the change-order meets certain requirements, as specified. Chapter 985, Statutes of 1996 AB 2466 (Goldsmith-R) - Gift Certificates Makes it an unlawful act for any person or entity to sell a gift certificate containing an expiration date. Chapter 933, Statutes of 1996 AB 2494 (Margett-R) - Contractors Requires a contractor who has had his or her license suspended or revoked 12 or more times within an 8-year period to disclose this before entering into a contract to perform work on residential property with 4 or fewer units. Chapter 282, Statutes of 1996 AB 2520 (Kaloogian-R) - Home Furnishings and Thermal Insulation Reconfigures the regulation of the home furnishings and thermal insulation industry. (Died in Senate Business and Professions Committee) AB 2639 (Bowler-R) - Autobrokers: Financing Arrangements Allows autobrokers for a fee or otherwise, to arrange, negotiate, assist, or effectuate new motor vehicle financing for any new motor vehicle if the autobroker satisfies specified conditions and requirements. (Died in Assembly Transportation Committee) AB 2727 (House-R) - Drinking Water Amends the California Uniform Retail Food Facilities Law to define "potable water", and amends the California Safe Drinking Water Act (CSDWA) to provide that it applies to a food facility only if the human consumption at the food facility includes drinking water; revises and provides certain definitions under the CSDWA. Chapter 875, Statutes of 1996 AB 2838 (Hoge-R) - On-Premises Advertising: Displays Revises and recasts the provisions of law relative to removal or limitation of on-premises advertising displays. Chapter 1150, Statutes of 1996 AB 2860 (Morrissey-R) - Guide Dogs for the Blind Extends the State Board of Guide Dogs sunset date for 5 years and requires guide dog schools to offer follow-up services for specified problems. (Failed passage in Senate Business and Professions Committee) AB 2866 (Speier-D) - Car Rentals: Damages Waiver Requires a rental company that offers or provides a damage waiver to include a prescribed notice immediately above the damage waiver, as specified. (Failed passage in Assembly Judiciary Committee) AB 2877 (Davis-D) - Funeral Establishments Revises the existing funeral director license and recasts it into 2 separate licensing categories (Funeral Establishment license and Funeral Director's license). Chapter 1151, Statutes of 1996 AB 2957 (Speier-D) - Auto Repair Business: Registration Requires the Department of Consumer Affairs to develop standards for the registration of automotive repair dealers, as specified. (Failed passage in Assembly Appropriations Committee) AB 2958 (Harvey-R) - Contractors: Unlicensed Activity Extends the statute of limitations, from 3 to 4 years, for prosecution of unlicensed contracting activity, and for citations for unlicensed activity. Chapter 145, Statutes of 1996 AB 3026 (Bates-D) - Security Bar Windows Allows a local government to adopt an ordinance establishing a date for retrofit of security bars with emergency releases on existing residences. Double-joined with AB 3305 (Setencich-R), Chapter 925, Statutes of 1996. Chapter 926, Statutes of 1996 AB 3305 (Setencich-R) - Housing: Safety: Disclosures Requires, as of January 1, 1998, that all newly constructed swimming pools at a private, single family home, be equipped with specified safety equipment or warning devices. Requires the real estate disclosure statement to include whether or not these safety measures and other prescribed security safeguards are on the property. Chapter 925, Statutes of 1996 AB 3320 (Speier-D) - Internet Expands the scope of existing law regulating the sale or lease of goods or services by telephone, mail order, or catalog to apply to sales or leases conducted via the Internet or any other electronic means. Chapter 785, Statutes of 1996 AB 3355 (Firestone-R) - Contractors: Workers' Compensation Provides that filing by a contractor of a false workers' compensation exemption statement is grounds for disciplinary action. Chapter 331, Statutes of 1996
