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AB-1214 Levying Officer Electronic Transactions Act.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1214:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1214


Introduced by Assembly Member Mark Stone

February 17, 2017


An act to amend Section 1942.2 of the Civil Code, relating to civil law. 263.4 of the Code of Civil Procedure, relating to levying officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1214, as amended, Mark Stone. Tenancy. Levying Officer Electronic Transactions Act.
Under existing law, the Levying Officer Electronic Transactions Act, a levying officer, as defined, may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based. Existing law requires any electronic record transmitted to a levying officer to be accompanied by specified information, including the name and electronic address of the sender. Existing law requires the person transmitting the electronic record to, among other things, deliver the paper version of the record or document to the levying officer within 5 days after a request to do so has been mailed to the sender by the levying officer.
This bill would require an electronic record transmitted to a levying officer to be accompanied by the mailing address of the sender in addition to the above-described information. The bill would clarify that the person transmitting the electronic record must deliver the paper version of the record or document to the levying officer within 5 days after a written request to do so has been mailed to the sender by the levying officer.

Existing law governs the obligations of tenants and landlords under a lease or tenancy. Existing law authorizes a tenant who has made a payment to a public utility or publicly owned utility, or a district under any of certain statutes to deduct the amount of the payment from the rent when due.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 263.4 of the Code of Civil Procedure is amended to read:

263.4.
 (a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based.
(b) An electronic record transmitted to a levying officer shall be accompanied by all of the following information:
(1) The name of the sender.
(2) The electronic address of the sender.
(3) The mailing address of the sender.

(3)

(4) The name of the levying officer.

(4)

(5) The electronic address or fax number of the levying officer.
(c) The person transmitting the electronic record shall do both of the following:
(1) Retain the paper version of the record or document.
(2) Deliver the paper version of the record or document to the levying officer within five days after a written request to do so has been mailed to the sender by the levying officer.
(d) For the purpose of this section, “transmission” of an electronic record includes sending the electronic record included in, or in conjunction with, an electronic mail message, as defined in Section 263.1.

SECTION 1.Section 1942.2 of the Civil Code is amended to read:
1942.2.

A tenant who has made a payment to a utility pursuant to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1 of the Public Utilities Code, or to a district pursuant to Section 60371 of the Government Code, may deduct the payment from his or her rent as provided in that section.