Bill Text: CA SB536 | 2013-2014 | Regular Session | Amended
Bill Title: Alarm companies: electronic transactions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2014-08-07 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96(a). [SB536 Detail]
Download: California-2013-SB536-Amended.html
BILL NUMBER: SB 536 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2014
AMENDED IN SENATE MAY 1, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Berryhill
FEBRUARY 22, 2013
An act to add Section 53757 7599.56
to the Government Business and Professions
Code, and to amend Sections 1633.3 and 1689.5 of the
Civil Code, relating to local government
alarm companies .
LEGISLATIVE COUNSEL'S DIGEST
SB 536, as amended, Berryhill. Property-related services.
Alarm companies: electronic transactions.
Existing law, the Alarm Company Act, provides for the licensure
and regulation of alarm company operators and the certification and
registration of employees of alarm companies, including alarm agents,
by the Bureau for Security and Investigative Services within the
Department of Consumer Affairs. That act requires that specified
agreements entered into by an alarm company pertaining to alarm
systems, including, among others, lease agreements, monitoring
agreements, service agreements, and installation agreements, be in
writing. 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, "home solicitation contracts," as defined. Existing law
provides specified time periods for consumers to cancel a home
solicitation contract, and requires specified disclosures and
statements, and separately executed cancellation documents in
connection with the execution of those contracts.
This bill would provide that, notwithstanding certain provisions
in UETA excluding home solicitation contracts, contracts for services
or other activities authorized by the Alarm Company Act may be
conducted by electronic means. The bill would provide that the
provisions of UETA would apply to transactions conducted by persons
licensed, certified, or registered pursuant to the Alarm Company Act,
for purposes authorized by the Alarm Company Act, as specified. The
bill would also exclude contracts for services or other activities
authorized by the Alarm Company Act from the definition of a home
solicitation contract. The bill would require those electronic
contracts for services or other activities authorized by the Alarm
Company Act to comply with specified cancellation periods,
statements, and disclosures that apply to home solicitation
contracts, and would authorize signatures and statements required by
those provisions to be provided and transmitted electronically.
The California Constitution, with certain exceptions, conditions
the imposition or increase of a property-related fee or charge upon
less than a majority of owners of subject parcels submitting written
protests, and requires the approval by either a majority vote of the
owners of the properties subject to the fee or charge or, under
certain conditions, by a 2/3 vote of the voters residing in the area
affected by the fee or charge.
This bill would specifically provide that a county shall not be
obligated to provide subsidies to cure any deficiencies in funding of
property-related services provided within the jurisdiction of a
district, as defined, under any of certain specified circumstances.
This bill would provide that this prohibition would not apply if the
county's governing board had agreed to subsidize the district's
services before the completion of a majority protest proceeding or
election, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7599.56 is added to the
Business and Professions Code , to read:
7599.56. (a) Contracts for services or other activities
authorized by this chapter may be conducted by electronic means.
Notwithstanding subdivisions (b) and (c) of Section 1633.3 of the
Civil Code, the Uniform Electronic Transactions Act (Title 2.5
(commencing with Section 1633.1) of Part 2 of Division 3 of the Civil
Code) applies to electronic records and electronic signatures
relating to transactions conducted by a person licensed, certified,
or registered pursuant to this chapter, for purposes of activities
authorized by this chapter. An electronic contract for services or
other activities authorized by this chapter shall not be used without
the consent of the contracting consumer.
(b) Contracts for services or other activities authorized by this
chapter shall comply with paragraph (1) of subdivision (a) of, and
subdivisions (d) and (e) of, Section 1689.6 of the Civil Code,
provided however, that a notice of cancellation described in those
provisions may be provided and transmitted electronically.
(c) Contracts for services or other activities authorized by this
chapter shall comply with paragraph (1) of subdivision (a) of, and
subdivision (c) of, Section 1689.7 of the Civil Code, provided
however, that the signatures and statements described in those
provisions may be provided and transmitted electronically.
SEC. 2. Section 1633.3 of the Civil
Code , as amended by Chapter 605 of the Statutes of 2013,
is amended to read:
1633.3. (a) Except as otherwise provided in subdivisions (b) and
(c), this title applies to electronic records and electronic
signatures relating to a transaction.
(b) This title does not apply to transactions subject to the
following laws:
(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.
(2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1206 and 1306.
(3) Divisions 3 (commencing with Section 3101), 4 (commencing with
Section 4101), 5 (commencing with Section 5101), 8 (commencing with
Section 8101), 9 (commencing with Section 9101), and 11 (commencing
with Section 11101) of the Uniform Commercial Code.
(4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately
signed, including initialed, from the record. However, this paragraph
does not apply to Section 1677 or 1678 of this code or Section 1298
of the Code of Civil Procedure.
(c) This title does not apply to any specific transaction
described in Section 17511.5 of the Business and Professions Code,
Section 56.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6,
1689.7, or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
1789.16, or 1793.23 of, Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
1917.712, 1917.713, 1950.5, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
2954.5 or 2963 of, Chapter 2b (commencing with Section 2981) or 2d
(commencing with Section 2985.7) of Title 14 of Part 4 of Division 3
of, Section 3071.5 of, Part 5 (commencing with Section 4000) of
Division 4 of, or Part 5.3 (commencing with Section 6500) of Division
4 of this code, subdivision (b) of Section 18608 or Section 22328 of
the Financial Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or
18035.5 of the Health and Safety Code, Section 662, paragraph (2) of
subdivision (a) of Section 663, 664, 667.5, 673, 677, paragraph (2)
of subdivision (a) of Section 678, subdivisions (a) and (b) of
Section 678.1, Section 786, 10113.7, 10127.7, 10127.9, 10127.10,
10192.18, 10199.44, 10199.46, 10235.16, 10235.40, 10509.4, 10509.7,
11624.09, or 11624.1 of the Insurance Code, Section 779.1, 10010.1,
or 16482 of the Public Utilities Code, or Section 9975 or 11738 of
the Vehicle Code. An electronic record may not be substituted for any
notice that is required to be sent pursuant to Section 1162 of the
Code of Civil Procedure. Nothing in this subdivision shall be
construed to prohibit the recordation of any document with a county
recorder by electronic means.
(d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).
(e) A transaction subject to this title is also subject to other
applicable substantive law.
(f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.
(g) Notwithstanding subdivisions (b) and (c), this title shall
apply to electronic records and electronic signatures relating to
transactions conducted by a person licensed, certified, or registered
pursuant to the Alarm Company Act (Chapter 11.6 (commencing with
Section 7590) of Division 3 of the Business and Professions Code) for
purposes of activities authorized by that act.
(g)
(h) This section shall remain in effect only until
January 1, 2019, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2019, deletes or
extends that date.
SEC. 3. Section 1633.3 of the Civil
Code , as added by Section 3 of Chapter 369 of the
Statutes of 2013, is amended to read:
1633.3. (a) Except as otherwise provided in subdivisions (b) and
(c), this title applies to electronic records and electronic
signatures relating to a transaction.
(b) This title does not apply to transactions subject to the
following laws:
(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.
(2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1206 and 1306.
(3) Divisions 3 (commencing with Section 3101), 4 (commencing with
Section 4101), 5 (commencing with Section 5101), 8 (commencing with
Section 8101), 9 (commencing with Section 9101), and 11 (commencing
with Section 11101) of the Uniform Commercial Code.
(4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately
signed, including initialed, from the record. However, this paragraph
does not apply to Section 1677 or 1678 of this code or Section 1298
of the Code of Civil Procedure.
(c) This title does not apply to any specific transaction
described in Section 17511.5 of the Business and Professions Code,
Section 56.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6,
1689.7, or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
1789.16, or 1793.23 of, Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
1917.712, 1917.713, 1950.5, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
2954.5 or 2963 of, Chapter 2b (commencing with Section 2981) or 2d
(commencing with Section 2985.7) of Title 14 of Part 4 of Division 3
of, Section 3071.5 of Part 5 (commencing with Section 4000) of
Division 4 of, or Part 5.3 (commencing with Section 6500) of Division
4 of this code, subdivision (b) of Section 18608 or Section 22328 of
the Financial Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or
18035.5 of the Health and Safety Code, Section 662, 663, 664, 667.5,
673, 677, 678, 678.1, 786, 10086, 10113.7, 10127.7, 10127.9,
10127.10, 10192.18, 10199.44, 10199.46, 10235.16, 10235.40, 10509.4,
10509.7, 11624.09, or 11624.1 of the Insurance Code, Section 779.1,
10010.1, or 16482 of the Public Utilities Code, or Section 9975 or
11738 of the Vehicle Code. An electronic record may not be
substituted for any notice that is required to be sent pursuant to
Section 1162 of the Code of Civil Procedure. Nothing in this
subdivision shall be construed to prohibit the recordation of any
document with a county recorder by electronic means.
(d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).
(e) A transaction subject to this title is also subject to other
applicable substantive law.
(f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.
(g) Notwithstanding subdivisions (b) and (c), this title shall
apply to electronic records and electronic signatures relating to
transactions conducted by a person licensed, certified, or registered
pursuant to the Alarm Company Act (Chapter 11.6 (commencing with
Section 7590) of Division 3 of the Business and Professions Code) for
purposes of activities authorized by that act.
(g)
(h) This section shall become operative on January 1,
2019.
SEC. 4. Section 1689.5 of the Civil
Code is amended to read:
1689.5. As used in Sections 1689.6 to 1689.11, inclusive, and in
Section 1689.14:
(a) "Home solicitation contract or offer" means any contract,
whether single or multiple, or any offer which is subject to
approval, for the sale, lease, or rental of goods or services or
both, made at other than appropriate trade premises in an amount of
twenty-five dollars ($25) or more, including any interest or service
charges. "Home solicitation contract" does not include any contract
under which the buyer has the right to rescind pursuant to Title 1,
Chapter 2, Section 125 of the Federal Consumer Credit Protection Act
(P.L. (Public Law 90-321) and the
regulations promulgated pursuant thereto. "Home solicitation
contract" does not include a contract for goods or services conducted
by a person licensed, certified, or registered pursuant to the Alarm
Company Act (Chapter 11.6 (commencing with Section 7590) of Division
3 of the Business and Professions Code) for purposes of activities
authorized by that act.
(b) "Appropriate trade premises," means premises where either the
owner or seller normally carries on a business, or where goods are
normally offered or exposed for sale in the course of a business
carried on at those premises.
(c) "Goods" means tangible chattels bought for use primarily for
personal, family, or household purposes, including certificates or
coupons exchangeable for these goods, and including goods that, at
the time of the sale or subsequently, are to be so affixed to real
property as to become a part of the real property whether or not
severable therefrom, but does not include any vehicle required to be
registered under the Vehicle Code, nor any goods sold with this
vehicle if sold under a contract governed by Section 2982, and does
not include any mobilehome, as defined in Section 18008 of the Health
and Safety Code, nor any goods sold with this mobilehome if either
are sold under a contract subject to Section 18036.5 of the Health
and Safety Code.
(d) "Services" means work, labor and services, including, but not
limited to, services furnished in connection with the repair,
restoration, alteration, or improvement of residential premises, or
services furnished in connection with the sale or repair of goods as
defined in Section 1802.1, and courses of instruction, regardless of
the purpose for which they are taken, but does not include the
services of attorneys, real estate brokers and salesmen, securities
dealers or investment counselors, physicians, optometrists, or
dentists, nor financial services offered by banks, savings
institutions, credit unions, industrial loan companies, personal
property brokers, consumer finance lenders, or commercial finance
lenders, organized pursuant to state or federal law, that are not
connected with the sale of goods or services, as defined herein, nor
the sale of insurance that is not connected with the sale of goods or
services as defined herein, nor services in connection with the sale
or installation of mobilehomes or of goods sold with a mobilehome if
either are sold or installed under a contract subject to Section
18036.5 of the Health and Safety Code, nor services for which the
tariffs, rates, charges, costs, or expenses, including in each
instance the time sale price, is required by law to be filed with and
approved by the federal government or any official, department,
division, commission, or agency of the United States or of the state.
(e) "Business day" means any calendar day except Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, and Christmas Day.
(f) This section shall become operative on January 1, 2006.
SECTION 1. Section 53757 is added to the
Government Code, to read:
53757. (a) A county shall not be obligated to provide subsidies
to cure any deficiencies in the funding of property-related services
provided within a district's jurisdiction, if any of the following
conditions exist:
(1) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and a majority of parcel owners submitted a written
protest against the proposed imposition, extension, or increase,
pursuant to subdivision (a) of Section 6 of Article XIII D of the
California Constitution.
(2) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and the proposed imposition, extension, or increase
failed to get voter approval pursuant to subdivision (c) of Section 6
of Article XIII D of the California Constitution.
(3) Property-related fees or charges for the services that fully
complied with Section 6 of XIII D of the California Constitution were
reduced or repealed by the voters by an initiative pursuant to
Section 3 of Article XIII C of the California Constitution.
(b) Subdivision (a) shall not apply if the county's governing
board had undertaken the obligation to subsidize the services before
the completion of a majority protest proceeding or election described
in paragraph (1), (2), or (3) of subdivision (a).
(c) For purposes of this section, "fully complied with Section 6
of Article XIII D of the California Constitution" means all of the
following:
(1) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
(2) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
(3) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
(4) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
(5) The fee or charge is not imposed for general government
services if the service is available to the public at large in
substantially the same manner it is to property owners.
(6) The district has identified all parcels upon which the fee or
charge is proposed and calculated the amount of the fee or charge to
be imposed upon each identified parcel.
(7) The district has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified parcel,
in conformance with subdivision (c) of Section 6 of Article XIII D
of the California Constitution, and provided for all required
hearings.
(d) For purposes of this section, "district" shall mean a local
governmental entity created for the purpose of providing sidewalks,
streets, sewers, water, flood control, drainage systems, or vector
control services within its jurisdiction with a governing board that
has the same members as the board of supervisors for the county in
the overlapping geographical area.
