Ted Lieu
- Democratic
Author
Existing law, the Check Sellers, Bill Payers and Proraters Law, provides for licensure and regulation by the Commissioner of Corporations of persons engaged in, among other activities, the business of receiving money as an agent of the obligor for the purpose of paying bills, invoices, or accounts for the obligor. This bill would enact the Debt Settlement Services Act and would, commencing January 1, 2012, provide for the licensing and regulation by the commissioner of providers, defined as persons that provide, offer to provide, or agree to provide debt settlement services, as defined, directly or through others. The bill would require a provider to submit specified fees and an application, signed under penalty of perjury, for licensure with the commissioner. An applicant, and any person who signs an application on behalf of an applicant, who knowingly misrepresents or submits any material matter that is false, or a person who otherwise willfully violates a provision of the act, would be guilty of a misdemeanor. The bill would specify the conditions under which the commissioner may issue or deny licensure as a provider and would require a provider to satisfy certain requirements before entering into an agreement with an individual for the provision of debt settlement services, including providing specified disclosures. The bill would require an agreement for debt settlement services to contain specified terms and would prohibit providers from engaging in specified practices. The bill would require a provider to submit annual reports to the commissioner containing specified information relating to its business in the previous calendar year. The bill would authorize the commissioner to take enforcement actions against a provider for violations of the bill's provisions and would also authorize an injured individual to recover specified damages from a provider that violates the bill's provisions. The bill would enact other related provisions. Because the bill would create a new crime, and expand the scope of the crime of perjury, it 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.
From Senate committee without further action.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set second hearing. Failed passage. Reconsideration granted.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
(Corrected April 22.)
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 10. Noes 0.) (July 9).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 56. Noes 22. Page 1950.)
Read second time. To third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 28).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (April 28).
In committee: Hearing postponed by committee.
In committee: Hearing postponed by committee.
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (March 23).
From printer. May be heard in committee March 22.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB350 | HTML |
| 02/19/09 - Introduced | |
| 03/31/09 - Amended Assembly | |
| 06/01/09 - Amended Assembly | |
| 06/18/09 - Amended Senate | |
| 06/23/09 - Amended Senate | |
| 04/05/10 - Amended Senate | |
| 06/14/10 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.