BILL NUMBER: SB 976 CHAPTERED
BILL TEXT
CHAPTER 328
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2012
APPROVED BY GOVERNOR SEPTEMBER 14, 2012
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 9, 2012
AMENDED IN ASSEMBLY JULY 5, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Vargas
JANUARY 19, 2012
An act to amend Section 22050 of the Financial Code, relating to
finance lenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 976, Vargas. Finance lenders: exemptions.
Existing law, the California Finance Lenders Law, provides for the
licensure and regulation of finance lenders and brokers by the
Department of Financial Institutions. Existing law exempts specified
entities from the provisions of the California Finance Lenders Law.
This bill would add community advantage lenders, as defined, to
the list of entities exempted from the provisions of this law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22050 of the Financial Code is amended to read:
22050. (a) This division does not apply to any person doing
business under any law of any state or of the United States relating
to banks, trust companies, savings and loan associations, insurance
premium finance agencies, credit unions, small business investment
companies, community advantage lenders, California business and
industrial development corporations, or licensed pawnbrokers.
"Community advantage lender" means an entity authorized by the
United States Small Business Administration to deliver community
advantage loans.
(b) This division does not apply to a check casher who holds a
valid permit issued pursuant to Section 1789.37 of the Civil Code
when acting under the authority of that permit, and shall not apply
to a person holding a valid license issued pursuant to Section 23005
of the Financial Code when acting under the authority of that
license.
(c) This division does not apply to a college or university making
a loan for the purpose of permitting a person to pursue a program or
course of study leading to a degree or certificate.
(d) This division does not apply to a broker-dealer acting
pursuant to a certificate then in effect and issued pursuant to
Section 25211 of the Corporations Code.
(e) This division does not apply to any person who makes no more
than one loan in a 12-month period as long as that loan is a
commercial loan as defined in Section 22502.
(f) This division does not apply to any public corporation as
defined in Section 67510 of the Government Code, any public entity
other than the state as defined in Section 811.2 of the Government
Code, or any agency of any one or more of the foregoing, when making
any loan so long as the public corporation, public entity, or agency
of any one or more of the foregoing complies with all applicable
federal and state laws and regulations.