Store Research
SENATE BILL 1157 (DAVIS – 1988)
CHAPTER 823, STATUTES OF 1988, SB 1157
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Section 17206.1 was added to the Business and Professions Code, Civil Code sections 1761 and 1780 were amended, and section 3345 was added to the Civil Code in 1988 following legislative passage of Senate Bill 1157, which affected only these sections. (See Exhibit A, #1g) Senator Ed Davis introduced Senate Bill 1157 on March 5, 1987 on behalf of the Department of Consumer Affairs. (See Exhibit A, #1a; #4, document SP-1; and #17, document PE-8)
Senate Bill 1157 was assigned to the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit A, #3) After approval by that Committee, the Senate Committee on Appropriations examined its fiscal ramifications. (See Exhibit A, #2) The Senate amended the bill on April 20 and May 5, 1987. (See Exhibit A, #1b, #1c, and #2) Senate Bill 1157 was approved by the Senate and forwarded to the Assembly on May 28, 1987. (See Exhibit A, #2)
While in the Assembly, the Committee on Judiciary considered the policy issues raised by the bill. (See Exhibit A, #9) Subsequent to approval by that Committee, the measure was assigned to the Assembly Committee on Ways and Means which examined its fiscal implications. (See Exhibit A, #11) The Assembly amended the bill on three occasions, on July 9, 1987, and April 12, and June 13, 1988. (See
Exhibit A, #1d through #1f and #2) After both Houses of the Legislature approved
Senate Bill 1157, Governor George Deukmejian signed the bill on September 12, 1988, and it was recorded as Chapter 823 of the Statutes of 1988. (See Exhibit A, #1g and #2)
The worksheet prepared for the Senate Committee on Judiciary indicated that the purpose of the bill was to overcome a lack of remedies available to seniors who were fraud victims. (See Exhibit A, #4, document SP- 1) The legislative bill file for the Senate Committee also included an extensive analysis that you may find helpful to review. (See Exhibit A, #4, documents SP-2 through SP-8)
The Unfinished Business analysis prepared by the Office of Senate Floor Analyses provided the following digest of Senate Bill 1157 as it was last amended on June 13, 1988:
This bill increases the civil penalty for unfair business practices when the victim is a senior citizen.
Assembly Amendments:
1) expand the bill to include disabled persons.
2) reduced the civil penalty to an amount not to exceed $2,500 (rather than $5,000).
3) extends the definition of "goods " as used in the Consumers Legal Remedies Act to include leased goods, and increases the minimum award for actual damages under that act, also the awarding of attorney fees. The amendments also include "disabled persons" within the Consumers Legal Remedies Act.
4) The bill now provides for the senior citizens and disabled persons specific legal avenues when victims of unfair or deceptive practices.
(See Exhibit A, #15, page 1)