BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 537
                                                                  Page  1

          SENATE THIRD READING
          SB 537 (Banking and Financial Institutions Committee)
          As Amended  August 12, 2013
          Majority vote

           SENATE VOTE  :   36-0
            
           BANKING & FINANCE   11-0        APPROPRIATIONS      17-0        
           
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          |Ayes:|Dickinson, Morrell,       |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Achadjian, Blumenfield,   |     |Bocanegra, Bradford, Ian  |
          |     |Bonta, Chau, Gatto,       |     |Calderon, Campos,         |
          |     |Harkey, Linder, Perea,    |     |Donnelly, Eggman, Gomez,  |
          |     |Weber                     |     |Hall, Holden, Linder,     |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
           ----------------------------------------------------------------- 
           SUMMARY  :   Makes technical and clarifying changes to several  
          sections of the Financial Code administered by the Department of  
          Financial Institutions (DFI) and to provisions of the Franchise  
          Investment Law administered by the Department of Corporations  
          (DOC).  Specifically,  this bill  :   

          1)Standardizes, within the Franchise Investment Law, the length  
            of time in which franchisors have to deliver disclosure  
            documents to prospective franchisees at least 14 calendar  
            days, and updates state law references to the document used by  
            franchisors to provide specified information to prospective  
            franchisees, by referring to this document as a "franchise  
            disclosure document" rather than an "offering circular."

          2)Corrects, within the Financial Code, a heading reference,  
            updates state law to reflect changes in minimum levels of  
            federal deposit insurance limits, deletes references to  
            obsolete code sections, corrects incorrect code section  
            references, restores code section references that were  
            inadvertently deleted, and adds clarifying language and  
            definitions.  

           EXISTING LAW  :

          1)Authorizes DFI to administer provisions of the Financial Code  
            regulating the activities of state-chartered banks and  
            industrial loan companies, state-chartered credit unions,  
            money transmitters, trust companies, and insurance premium  








                                                                  SB 537
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            finance companies (Divisions 1 through 7 of the Financial  
            Code).

          2)Authorizes DOC to administer the Franchise Investment Law  
            (Division 5 of the Corporations Code).

          3)Effective July 1, 2013, reorganizes DFI and DOC as divisions  
            within a new Department of Business Oversight (Government  
            Reorganization Plan No. 2).

           FISCAL EFFECT  :   None

           

          COMMENTS  :  This bill is a technical clean-up bill to various  
          provisions of the Financial Code.  The following summarizes the  
          purpose of the proposed amendments to the Financial Code:

          1)Correct the heading of Division 1, Article 4, Chapter 7 to  
            restore applicability of the provisions in this article to  
            banks.  This article was incorrectly titled by SB 664 (Banking  
            and Financial Institutions Committee), Chapter 243, Statutes  
            of 2011.

          2)Reflect the increase in federal deposit insurance from  
            $100,000 to $250,000 (Section 1805).

          3)Amend references to incorrect code sections and delete  
            references to obsolete code sections (Sections 155, 185, 329,  
            376, 413, 563, 1024, 1026, 1080, 1255, 1495, 1515, 1702, 1805,  
            1806, 1835, 1858, 4805.01, 4805.02, 4805.05, 4805.10, 4821,5,  
            4822, 4823, 4824, 4826.5, 4827, 4827.3, 4827.7, 4871.5,  
            4877.03, 4901.5, 4961.5, 4970, 4982, 4990, 4995, and 18003).

          4)Clarify to which law or laws a particular section applies  
            (Sections 101, 103, 133, 171, 189, 331, 377, and 600).

          5)Conform language to the Money Transmission Act definition of a  
            money transmitter (Sections 185 and 329).

          6)Add clarifying language and definitions (Sections 186, 187,  
            188, 190, 329, 405, 589, 590, 672, 1331, 1473, 1485, and  
            1495).

          7)Restore inadvertently deleted code section references  








                                                                  SB 537
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            (Sections 329 and 1485).

          8)Simplify an unnecessarily complicated definition (Section  
            379).  

          9)The following summarizes the purpose of the proposed  
            amendments to the Franchise Investment Law:

             a)   SB 998 (Cox), Chapter 101, Statutes of 2007, required  
               disclosure documents to be delivered by franchisors to  
               prospective franchisees 14 calendar days, rather than 10  
               business days, before that prospective franchisee signs any  
               franchise agreement.  However, that legislation failed to  
               revise all of the sections that required revision, in order  
               to effect its change.  This bill would make the changes  
               inadvertently omitted from SB 998.   

          The Federal Trade Commission, North American Securities  
          Administrators Association, and California regulations refer to  
          the disclosure document required to be provided by franchisors  
          to prospective franchisees as a franchise disclosure document.   
          However, some provisions of California's Franchise Investment  
          Law continue to refer to this document by its old name  
          ("offering circular").  This bill standardizes the references to  
          this document in California law by deleting references to  
          "offering circular" and replacing them with references to  
          "franchise disclosure document." 


           Analysis Prepared by  :    Mark Farouk / B. & F. / (916) 319-3081

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