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SENATE BILL 108 (KOPP – 1991)
CHAPTER 1129, STATUTES OF 1991
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As enacted Senate Bill 108 amended sections 1799.201, 1799.202, 1799.203, 1799.205, and 1799.206 of and added sections 3176 and 3176.5 to the Civil Code and amended section 757 of the Financial Code relating to contracts. (See Exhibit #1f) Senator Kopp introduced Senate Bill 108 on December 18, 1990 at the request of Eagle Election Construction Inc. and the Department of Consumer Affairs. (See Exhibits #1a and #3, page 1 and #4, document SP-3 and #5)
Senate Bill 108 was assigned to the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit #3) The Senate amended the bill on April 8, and April 17, 1991. (See Exhibits #1b, #1c, and #2) Senate Bill 108 was approved by the Senate and forwarded to the Assembly on April 25, 1991. (See Exhibit #2)
While in the Assembly, the Committee on Consumer Protection, Governmental Efficiency and Economic Development considered the policy issues raised by the bill. (See Exhibit #7) Two amendments were made to Senate Bill 108 by the Assembly, on July 17, and September 12, 1991. (See Exhibits #1d, #1e, and #2) The Assembly thereafter approved the bill and returned it to the Senate. (See Exhibit #2)
The Senate approved the Assembly amendments and forwarded Senate Bill 108 to the Governor on September 30, 1991. Governor Pete Wilson signed the bill on October 14, 1991. Senate Bill 108 was recorded by the Secretary of State on that date as Chapter 1129 of the Statutes of 1991. (See Exhibits #1f and #2)
The Unfinished Business analysis prepared by the Office of Senate Floor Analyses provides the following digest of Senate Bill 108 as it was last amended on September 12, 1991:
DIGEST: This bill provides that in any action against an owner or construction lender to enforce payment of a claim stated in a bonded stop notice, the prevailig [sic] party is entitle to collect from the party held liable reasonable attorney’s fees in addition to other costs, as specified.
This bill also makes various clarifying amendments to the Consumer Awareness Act of 1990.
Assembly Amendments recast language for clarification purposes.
(See Exhibit #11, page 1)