California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1636 — California Finance Lenders Law: California Deferred Deposit Transaction Law.

Last action — Chaptered by Secretary of State - Chapter 329, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. Existing law requires each finance lender and broker licensee to file an annual report with the commissioner giving relevant information concerning the business and operations conducted by the licensee within the state during the preceding calendar year for each licensed place of business. Existing law authorizes the commissioner to, by order, summarily suspend or revoke the license of any licensee if that person fails to file that report within 10 days after notice by the commissioner that the report is due and not filed. This bill would authorize the commissioner, except in certain circumstances, to impose, by order, a penalty on any licensee who fails to either provide the commissioner with any report required by law or any material information required by the commissioner to be included in a report. The bill would prohibit the penalty from exceeding $100 for each business day the report or information is overdue for the first 5 business days and thereafter from exceeding $500 for each day the report or information is overdue, not to exceed $25,000 in the aggregate. The bill would specify the due date for these penalties under specified circumstances. The bill would authorize a licensee ordered to pay the penalty to request in writing a hearing to challenge that order and would require that hearing to be held under specified administrative proceedings. (2) Existing law, the California Deferred Deposit Transaction Law, requires each licensee to file a specified annual report with the Commissioner of Business Oversight and requires the report to be kept confidential. Existing law requires the annual consolidated report to be prepared by the commissioner and made available to the public. This bill would instead require those annual reports to be made available to the public for inspection, except as specified, and would also require the reports to include any other information reasonably required by the commissioner. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 329, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 7. Page 3025.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2476.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 12).

  11. Re-referred to Com. on I., B. & F.I.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  13. Referred to Com. on RLS.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1790.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 17. Noes 0.) (May 10).

  18. Coauthors revised.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 24). Re-referred to Com. on APPR.

  20. In committee: Hearing postponed by committee.

  21. In committee: Hearing postponed by committee.

  22. Referred to Com. on B. & F.

  23. From printer. May be heard in committee March 21.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (1)

  • Dababneh

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1636 AGUIAR-CURRY Concurrence in Senate Amendments

Passed 66 Yea · 7 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 48505
Democratic 15000
Republican 3201
Total 66706
% of votes cast 84%9%0%8%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Holden — Yea
Kiley — Not Voting
Low — Yea
Mathis — Nay
Nazarian — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Chávez — Yea
Eggman — Yea
Bocanegra — Yea
Rubio — Yea
Friedman — Yea
Harper — Nay
Burke — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
Mayes — Not Voting
McCarty — Yea
Baker — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Voepel — Nay
Waldron — Not Voting
Frazier — Yea
Gloria — Yea
Chau — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Gray — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1636 Aguiar-Curry et al. By Jackson

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 26900
Democratic 5000
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Hernandez — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Roth — Yea
Skinner — Yea
Vidak — Nay
Dodd — Yea
Cannella — Yea
Galgiani — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Moorlach — Nay
Newman — Yea
Wieckowski — Yea
Wilk — Yea
Portantino — Yea
De León — Yea
Mitchell — Yea
Atkins — Yea
Allen — Yea
Glazer — Yea
Hueso — Yea
Bradford — Yea
Leyva — Yea
Mendoza — Yea
Pan — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8104
Total 8104
% of votes cast 62%8%0%31%
How each member voted (13)
Member Party Vote
Hernandez — Yea
Mendoza — Yea
Morrell — Nay
Roth — Yea
Glazer — Yea
Portantino — Not Voting
Mitchell — Yea
Hueso — Not Voting
Lara — Yea
Newman — Yea
Galgiani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting

Official roll call →

AB 1636 AGUIAR-CURRY Assembly Third Reading

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 52005
Democratic 16000
Republican 5002
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Baker — Yea
Bigelow — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Voepel — Yea
Waldron — Yea
Burke — Yea
Chu — Yea
Cooley — Yea
Cunningham — Yea
Acosta — Yea
Gloria — Yea
Holden — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Mayes — Yea
Salas — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Gray — Yea
Bocanegra — Yea
Rodriguez — Yea
Thurmond — Yea
Bloom — Yea
Brough — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Rubio — Yea
Gomez — Yea
Harper — Yea
Jones-Sawyer — Yea
McCarty — Yea
Chau — Not Voting
Medina — Not Voting
Melendez — Not Voting
Chiu — Yea
Chávez — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Cooper — Yea
Eggman — Not Voting
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Obernolte — Yea
Bocanegra — Yea
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

finance
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Frequently asked questions

What does AB 1636 do?
(1) Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. Existing law requires each finance lender and broker licensee to file an annual report with the commissioner giving relevant information concerning the business and operations conducted by the licensee within the state during the preceding calendar year for each licensed place of business. Existing law authorizes the commissioner to, by order, summarily suspend or revoke the license of any licensee if that person fails to file that report within 10 days after notice by the commissioner that the report is due and not filed. This bill would authorize the commissioner, except in certain circumstances, to impose, by order, a penalty on any licensee who fails to either provide the commissioner with any report required by law or any material information required by the commissioner to be included in a report. The bill would prohibit the penalty from exceeding $100 for each business day the report or information is overdue for the first 5 business days and thereafter from exceeding $500 for each day the report or information is overdue, not to exceed $25,000 in the aggregate. The bill would specify the due date for these penalties under specified circumstances. The bill would authorize a licensee ordered to pay the penalty to request in writing a hearing to challenge that order and would require that hearing to be held under specified administrative proceedings. (2) Existing law, the California Deferred Deposit Transaction Law, requires each licensee to file a specified annual report with the Commissioner of Business Oversight and requires the report to be kept confidential. Existing law requires the annual consolidated report to be prepared by the commissioner and made available to the public. This bill would instead require those annual reports to be made available to the public for inspection, except as specified, and would also require the reports to include any other information reasonably required by the commissioner. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors AB 1636?
AB 1636 is sponsored by Aguiar-Curry, Cecilia M. (Democratic) and Dababneh.
What is the current status of AB 1636?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1636?
Track AB 1636 free on One Click Politics — get push/email alerts when it moves.

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