Bill Text: CA AB1373 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Advertising: grant deed copy services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 533, Statutes of 2010. [AB1373 Detail]

Download: California-2009-AB1373-Amended.html

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BILL NUMBER: AB 1373	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member  Skinner   Lieu


                        FEBRUARY 27, 2009

    An act to add Chapter 11.1 (commencing with Section
25970) to Division 15 of the Public Resources Code, relating to
global warming.   An act to add Section 17537.10 to the
Business and Professions Code, relating to advertising. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1373, as amended,  Skinner   Lieu  .
 Global warming potential (GWP): refrigerants.  
Advertising: grant deed copy services.  
   Existing law provides that certain advertising-related practices
are unlawful and makes a violation of those provisions a crime. 

   This bill would 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, defined as any
service performed or offered to be performed for compensation in
connection with obtaining a copy from the county recorder of a
property owner's grant deed or other record of title, including a
public records copy service. The bill would make it unlawful to offer
to perform this service without making specified disclosures.
Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law requires the State Energy Resources Conservation and
Development Commission to adopt a regulation prescribing standards
for minimum levels of operating efficiency to promote the use of
energy and water efficient appliances. The commission is required to
prescribe building design and construction and energy and water
conservation standards for residential and nonresidential buildings
(building standards).  
   This bill would enact the California Refrigeration and
Air-Conditioning Innovation Review Act of 2009 and would require the
commission, using existing staff and funds, to develop and to
conduct, in consultation with the State Air Resources Board, a study
containing specified elements to assess the potential to optimize the
efficiency of stationary cooling technology while significantly
reducing the use and emissions of high-global warming potential (GWP)
compounds, as defined, in the stationary refrigeration and
air-conditioning industry. The bill would require the commission, on
or before January 1, 2012, to submit to the Legislature and to post
on its Internet Web site the findings and results of the study. The
bill would authorize the board to use certain fees, to the extent
they are available, to develop various programs and projects
encouraging the installation of reduced high-GWP charge systems and
dedicated low-GWP systems for stationary refrigeration and
air-conditioning units, and programs to reduce or prevent the
emissions of high-GWP compounds. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 17537.10 is added to the 
 Business and Professions Code   , to read:  
   17537.10.  (a) It is 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. For the purpose of this
section, an "untrue or misleading statement" includes, but is 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:
   (1) 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 grant deed or other record of title.
   (2) 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.
   (3) That the offeror of the grant deed copy service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
   (A) The misleading use of any governmental seal, emblem, or other
similar symbol.
   (B) The use of a business name including the words "title" or
"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.
   (C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope that
otherwise has the capacity to be confused with, or mistaken for, an
envelope sent by a governmental entity.
   (D) 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 notice:
"THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT."
   (4) That there is a fee payment deadline to obtain a copy of a
property owner's grant deed or other record of title.
   (b) (1) It is 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]."

   (2) The disclosure specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of a grant deed copy service and shall be
printed in 14-point boldface type enclosed in a box formed by a heavy
line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for the
service.
   (c) For purposes of this section, "grant deed copy service" means
any service performed or offered to be performed for compensation in
connection with obtaining a copy from the county recorder of a
property owner's grant deed or other record of title and includes a
public records copy service. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  All matter omitted in this version of
the bill appears in the bill as amended in the Assembly, June 2,
2009. (JR11)