§ 90009.5. — 90009.5. (Added by Stats. 2020, Ch. 157, Sec. 7.)

California § 90009.5.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 24.: DIVISION 24. California Consumer Financial Protection Law
• Ch. 6.: CHAPTER 6. Administration

Text

(a)
Notwithstanding paragraph (1) of subdivision (a) of Section 90009, the department shall promulgate rules regarding registration requirements applicable to a covered person no later than three years following the initiation of its second action to enforce a violation of this division by persons providing the same or substantially similar consumer financial product or service as the covered person.
(b)
The regulation requiring a covered person to register with the department shall become inoperative on January 1, of the calendar year that is four years following the initial year of required registration unless the Legislature takes action to extend the registration or to incorporate the scope of the activity in which the covered
person is authorized to engage into a new or existing licensing law. The Legislature shall conduct public hearings to obtain input on the desirability or feasibility of extending, revising, or terminating the regulation. Failure of the Legislature to take action pursuant to this section shall not impact the department’s enforcement authority under this division.
(c)
The department shall submit to the appropriate committees of the Legislature on or before December 1 before the year a regulation described in subdivision (b) is set to become inoperative, a complete report of the department’s activities related to the covered persons required to be registered by the regulation covering the entire period since the initial year of required registration.
(d)
At least once annually, prior to March 15, the commissioner shall appear before and present a report to the appropriate committees
of the Legislature reviewing all of the activities conducted to implement this division during the prior year and summarizing, with specificity, all of the activities it intends to conduct during the upcoming year. This report shall include, but not be limited to, all of the following:
(1)
A summary of all enforcement actions taken to implement this division during the prior year.
(2)
A review of business models in use among covered persons that it studied during the prior year and a description of which business models in use among covered persons it plans to study during the upcoming year.
(3)
A review of all regulations it proposed, or finalized, or on which it sought public feedback during the prior year and a description of all regulations it intends to propose, finalize, or on which it intends to seek public
feedback during the upcoming year.
(4)
A review of all of the activities in which it engaged during the prior year using authority contained in paragraph (1) of subdivision (d) of Section 90006 and a description of the activities in which it plans to engage during the upcoming year.
(5)
A review of all outreach efforts it conducted during the prior year using authority contained in paragraph (2) of subdivision (d) of Section 90006 and a description of subject matter it plans to include and groups to which it plans to outreach during the upcoming year.
(6)
A review of all activities it conducted during the prior year using authority contained in paragraph (3) of subdivision (d) of Section 90006 and a description of what activities it plans to conduct during the upcoming year.
(7)
Any other topic deemed relevant by the commissioner or requested to be covered by a chair of the appropriate committee of the Legislature.

Legislative History

Added by Stats. 2020, Ch. 157, Sec. 7. (AB 1864) Effective January 1, 2021.