BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1446|
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                                   THIRD READING 


          Bill No:  AB 1446
          Author:   Dababneh (D)
          Amended:  6/23/15 in Senate
          Vote:     21  

           SENATE BANKING & F.I. COMMITTEE:  7-0, 6/17/15
           AYES:  Block, Vidak, Galgiani, Hall, Hueso, Lara, Morrell

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   California Finance Lenders Law: violations


          SOURCE:    Author
          
          DIGEST:   This bill clarifies that the Commissioner of Business  
          Oversight (commissioner) is authorized to issue a desist and  
          refrain order under the California Finance Lenders Law (CFLL)  
          for a violation of an order or regulation adopted under that  
          law.

          ANALYSIS:   Existing law provides that, whenever, in the opinion  
          of the commissioner, any person is engaged in business as a  
          broker, finance lender, or mortgage loan originator without a  
          license from the commissioner, or any licensee violates any  
          provision of the CFLL, the commissioner may order that person or  
          licensee to desist and refrain from engaging in the business or  
          continuing that violation (Financial Code Section 22712).  

          This bill provides that, whenever, in the opinion of the  








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                                                                    Page  2


          commissioner, any person is engaged in business as a broker,  
          finance lender, or mortgage loan originator without a license  
          from the commissioner, or any licensee violates any provision of  
          the CFLL, any provision of an order, or any regulation adopted  
          pursuant to the CFLL, the commissioner may order that person or  
          licensee to desist and refrain from engaging in the business or  
          further continuing that violation.  

          Comments
          
          AB 1446 is intended to give the commissioner the authority to  
          issue a desist and refrain order to persons who violate an order  
          or regulation issued under the CFLL. According to the Department  
          of Business Oversight (DBO), there have been instances when the  
          commissioner could not issue a desist and refrain order under  
          the CFLL for a violation of a regulation or order issued  
          pursuant to that law, because the statute does not allow for it.  
           The authority being sought in AB 1446 is similar to authority  
          the commissioner already has under other laws DBO administers,  
          including the Deferred Deposit Transaction Law, Residential  
          Mortgage Lending Act, and Check Sellers, Bill Payers, and  
          Proraters Law.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified7/13/15)


          None received


          OPPOSITION:   (Verified7/13/15)


          None received

          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  







                                                                    AB 1446  
                                                                    Page  3


            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Eileen Newhall / B. & F.I. / (916) 651-4102
          7/14/15 12:23:09


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