Bill Text: CA SB245 | 2013-2014 | Regular Session | Amended

California Senate Bill 245 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-10 - Chaptered by Secretary of State. Chapter 117, Statutes of 2014. [SB245 Detail]

Download: California-2013-SB245-Amended.html
BILL NUMBER: SB 245	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Correa
   (Principal coauthor: Senator Calderon)

                        FEBRUARY 12, 2013

   An act to  add Chapter 6 (commencing with Section 48800)
to Part 7 of Division 30 of the Public Resources Code, relating to
recycling  amend Section 1632 of the Civil Code,
relating to consumer affairs .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 245, as amended, Correa.  Recycling: mattresses.
  Contracts.  
   Existing law states findings and declarations of the Legislature
relating to consumer information and protections afforded to the
state's diverse population in which the number of Californians who
speak languages other than English as their primary language at home
has increased.  
   This bill would revise information contained in those findings and
declarations relating to the languages most widely spoken in
households with limited English proficiency and the percentage of
Californians who speak a language other than English in their homes,
based upon more recent census data.  
   Existing law requires a retailer of various specified products,
such as rechargeable batteries and cell phones, sold in the state to
have in place a system for the acceptance and collection of those
products for reuse, recycling, or proper disposal.  

   This bill would enact the "Used Mattress Recycling Act" and would
define terms for purposes of the act.  
   The bill would require a qualified industry association, or a
successor organization, to establish a mattress recycling
organization by November 1, 2014, and would require each manufacturer
and retailer to register with the mattress recycling organization by
February 1, 2015. The bill would prohibit a manufacturer or a
retailer from taking specified actions with regard to selling or
distributing a mattress in the state after that date, unless the
manufacturer or retailer is in compliance with the act, as specified.
 
   The bill would require the organization, by July 1, 2015, to
develop a state plan for recycling used mattresses that includes
specified goals and elements and to submit the plan to the Department
of Resources Recycling and Recovery. The bill would require the
department to review the plan for consistency and to notify the
organization of any inconsistences within 90 days after submittal of
the plan. The bill would provide that if the department does not find
any inconsistencies, the plan would be deemed approved by the
department. The bill would require the organization to implement the
approved plan by November 1, 2015.  
   The bill would require the organization to annually prepare and
approve a proposed plan budget for the next calendar year and to
submit the approved budget to the department. The department would be
required to review the budget, as specified.  
   The department would be required to notify the organization of the
department's direct costs in implementing the act and the
organization would be required to reimburse the department for those
costs. The bill would require the department to deposit these amounts
submitted by the organization into the Used Mattress Recycling
Account, which the bill would establish in the Integrated Waste
Management Fund. The bill would require the department to expend the
moneys in the account, upon appropriation by the Legislature, to
administer and enforce the act.  
   The bill would require the organization to annually set the amount
of a state mattress recycling charge that would be added to the
purchase price of a mattress, and would require a manufacturer,
retailer, wholesaler, distributor, or other party that sells a
mattress to add the charge to the purchase price for the mattress.
This bill would constitute a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.  
   The bill would specify procedures for the collection and
disbursement of the charge by the organization. The bill would
require the organization to be subject to an annual audit and to
annually publish, and make publically available on its Internet Web
site, a report regarding the implementation of the plan. The
organization would be required to submit the annual report to the
department, for review, as specified.  
   The bill would require the organization to post information
regarding compliance with the act on its Internet Web site and would
require a retailer that distributes or sells a mattress to monitor
the organization's Internet Web site.  
   The department would be authorized to impose an administrative
civil penalty on a manufacturer or retailer who sells a mattress in
violation of the act. The department would be required to deposit
these penalties into the Mattress Recovery and Recycling Penalty
Account, which the bill would create in the Integrated Waste
Management Fund. The department would be authorized to expend the
moneys in that account, upon appropriation by the Legislature, to
implement the act.  
   The department would be required to annually review the
organization's compliance with the act and notify the organization,
as specified. The department would also be required to periodically,
but not less than once every 3 months, determine whether a federal
statute has been enacted that requires a national used mattress
recycling plan. If the department determines that this federal
statute has been enacted, the department would be required to post
this information on its Internet Web site and submit a notice to the
Secretary of State and the Office of the Legislative Counsel and the
act would become inoperative 30 days after the date that the
department issues that notice. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 1632 of the   Civil
Code   is amended to read: 
   1632.  (a) The Legislature hereby finds and declares all of the
following:
   (1) This section was enacted in 1976 to increase consumer
information and protections for the state's sizeable and growing
Spanish-speaking population.
   (2) Since 1976, the state's population has become increasingly
diverse and the number of Californians who speak languages other than
English as their primary language at home has increased
dramatically. 
   (3) According to data from the United States Census of 2000, of
the more than 12 million Californians who speak a language other than
English in the home, approximately 4.3 million speak an Asian
dialect or another language other than Spanish. The top five
languages other than English most widely spoken by Californians in
their homes are Spanish, Chinese, Tagalog, Vietnamese, and Korean.
Together, these languages are spoken by approximately 83 percent of
all Californians who speak a language other than English in their
homes.  
   (3) According to data from the American Community Survey, which
has replaced the decennial census for detailed socioeconomic
information about United States residents, the top five languages
other than English, that are most widely spoken in households with
limited English proficiency, are Spanish, Chinese, Filipino/Tagalog,
Vietnamese, and Korean, based on data from combined years 2009
through 2011. Limited English proficiency includes survey
participants who do not speak English well or do not speak English at
all. Among the 3.8 million households in California with limited
English proficiency, approximately 3.5 million people speak either
Spanish, Chinese, Filipino/Tagalog, Vietnamese, or Korean at home.
This compares to approximately 19.6 million people, who speak only
English at home. 
   (b) Any person engaged in a trade or business who negotiates
primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally
or in writing, in the course of entering into any of the following,
shall deliver to the other party to the contract or agreement and
prior to the execution thereof, a translation of the contract or
agreement in the language in which the contract or agreement was
negotiated,  which   that  includes a
translation of every term and condition in that contract or
agreement:
   (1) A contract or agreement subject to the provisions of Title 2
(commencing with Section 1801) of, and Chapter 2b (commencing with
Section 2981) and Chapter 2d (commencing with Section 2985.7) of
Title 14 of, Part 4 of Division 3.
   (2) A loan or extension of credit secured other than by real
property, or unsecured, for use primarily for personal, family or
household purposes.
   (3) A lease, sublease, rental contract or agreement, or other term
of tenancy contract or agreement, for a period of longer than one
month, covering a dwelling, an apartment, or mobilehome, or other
dwelling unit normally occupied as a residence.
   (4) Notwithstanding paragraph (2), a loan or extension of credit
for use primarily for personal, family or household purposes 
where   in which  the loan or extension of credit
is subject to the provisions of Article 7 (commencing with Section
10240) of Chapter 3 of Part 1 of Division 4 of the Business and
Professions Code, or Division 7 (commencing with Section 18000), or
Division 9 (commencing with Section 22000) of the Financial Code.
   (5) Notwithstanding paragraph (2), a reverse mortgage as described
in Chapter 8 (commencing with Section 1923) of Title 4 of Part 4 of
Division 3.
   (6) A contract or agreement, containing a statement of fees or
charges, entered into for the purpose of obtaining legal services,
when the person who is engaged in business is currently licensed to
practice law pursuant to Chapter 4 (commencing with Section 6000) of
Division 3 of the Business and Professions Code.
   (7) A foreclosure consulting contract subject to Article 1.5
(commencing with Section 2945) of Chapter 2 of Title 14 of Part 4 of
Division 3.
   (c) Notwithstanding subdivision (b), for a loan subject to this
part and to Article 7 (commencing with Section 10240) of Chapter 3 of
Part 1 of Division 4 of the Business and Professions Code, the
delivery of a translation of the statement to the borrower required
by Section 10240 of the Business and Professions Code in any of the
languages specified in subdivision (b) in which the contract or
agreement was negotiated, is in compliance with subdivision (b).
   (d) At the time and place where a lease, sublease, or rental
contract or agreement described in subdivision (b) is executed,
notice in any of the languages specified in subdivision (b) in which
the contract or agreement was negotiated shall be provided to the
lessee or tenant.
   (e) Provision by a supervised financial organization of a
translation of the disclosures required by Regulation M or Regulation
Z, and, if applicable, Division 7 (commencing with Section 18000) or
Division 9 (commencing with Section 22000) of the Financial Code in
any of the languages specified in subdivision (b) in which the
contract or agreement was negotiated, prior to the execution of the
contract or agreement, shall also be deemed in compliance with the
requirements of subdivision (b) with regard to the original contract
or agreement.
   (1) "Regulation M" and "Regulation Z" mean any rule, regulation,
or interpretation promulgated by the Board of Governors of the
Federal Reserve System and any interpretation or approval issued by
an official or employee duly authorized by the board to issue
interpretations or approvals dealing with, respectively, consumer
leasing or consumer lending, pursuant to the Federal Truth in Lending
Act, as amended (15 U.S.C. Sec. 1601 et seq.).
   (2) As used in this section, "supervised financial organization"
means a bank, savings association as defined in Section 5102 of the
Financial Code, credit union, or holding company, affiliate, or
subsidiary thereof, or any person subject to Article 7 (commencing
with Section 10240) of Chapter 3 of Part 1 of Division 4 of the
Business and Professions Code, or Division 7 (commencing with Section
18000) or Division 9 (commencing with Section 22000) of the
Financial Code.
   (f) At the time and place where a contract or agreement described
in paragraph (1) or (2) of subdivision (b) is executed, a notice in
any of the languages specified in subdivision (b) in which the
contract or agreement was negotiated shall be conspicuously displayed
to the effect that the person described in subdivision (b) is
required to provide a contract or agreement in the language in which
the contract or agreement was negotiated, or a translation of the
disclosures required by law in the language in which the contract or
agreement was negotiated, as the case may be. If a person described
in subdivision (b) does business at more than one location or branch,
the requirements of this section shall apply only with respect to
the location or branch at which the language in which the contract or
agreement was negotiated is used.
   (g) The term "contract" or "agreement," as used in this section,
means the document creating the rights and obligations of the parties
and includes any subsequent document making substantial changes in
the rights and obligations of the parties. The term "contract" or
"agreement" does not include any subsequent documents authorized or
contemplated by the original document such as periodic statements,
sales slips or invoices representing purchases made pursuant to a
credit card agreement, a retail installment contract or account or
other revolving sales or loan account, memoranda of purchases in an
add-on sale, or refinancing of a purchase as provided by, or pursuant
to, the original document.
   The term "contract" or "agreement" does not include a home
improvement contract as defined in Sections 7151.2 and 7159 of the
Business and Professions Code, nor does it include plans,
specifications, description of work to be done and materials to be
used, or collateral security taken or to be taken for the retail
buyer's obligation contained in a contract for the installation of
goods by a contractor licensed pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code, if
the home improvement contract or installation contract is otherwise
a part of a contract described in subdivision (b).
   Matters ordinarily incorporated by reference in contracts or
agreements as described in paragraph (3) of subdivision (b),
including, but not limited to, rules and regulations governing a
tenancy and inventories of furnishings to be provided by the person
described in subdivision (b), are not included in the term "contract"
or "agreement."
   (h) This section does not apply to any person engaged in a trade
or business who negotiates primarily in a language other than
English, as described by subdivision (b), if the party with whom he
or she is negotiating is a buyer of goods or services, or receives a
loan or extension of credit, or enters an agreement obligating
himself or herself as a tenant, lessee, or sublessee, or similarly
obligates himself or herself by contract or lease, and the party
negotiates the terms of the contract, lease, or other obligation
through his or her own interpreter.
   As used in this subdivision, "his or her own interpreter" means a
person, not a minor, able to speak fluently and read with full
understanding both the English language and any of the languages
specified in subdivision (b) in which the contract or agreement was
negotiated, and who is not employed by, or whose service is made
available through, the person engaged in the trade or business.
   (i) Notwithstanding subdivision (b), a translation may retain the
following elements of the executed English-language contract or
agreement without translation: names and titles of individuals and
other persons, addresses, brand names, trade names, trademarks,
registered service marks, full or abbreviated designations of the
make and model of goods or services, alphanumeric codes, numerals,
dollar amounts expressed in numerals, dates, and individual words or
expressions having no generally accepted non-English translation. It
is permissible, but not required, that this translation be signed.
   (j) The terms of the contract or agreement  which
  that  is executed in the English language shall
determine the rights and obligations of the parties. However, the
translation of the contract or the disclosures required by
subdivision (e) in any of the languages specified in subdivision (b)
in which the contract or agreement was negotiated shall be admissible
in evidence only to show that no contract was entered into because
of a substantial difference in the material terms and conditions of
the contract and the translation.
   (k) Upon a failure to comply with the provisions of this section,
the person aggrieved may rescind the contract or agreement in the
manner provided by this chapter.  When   If
 the contract for a consumer credit sale or consumer lease
 which   that  has been sold and assigned
to a financial institution is rescinded pursuant to this subdivision,
the consumer shall make restitution to and have restitution made by
the person with whom he or she made the contract, and shall give
notice of rescission to the assignee. Notwithstanding that the
contract was assigned without recourse, the assignment shall be
deemed rescinded and the assignor shall promptly repurchase the
contract from the assignee. All matter omitted in this version of the
bill appears in the bill as amended in the Senate, April 1, 2013.
(JR11)