Bill Sponsor
California Senate Bill 985
Session 20232024
Check Sellers, Bill Payers and Proraters Law: exemption: nonprofit community service organizations.
Active
Active
Passed Senate on Apr 18, 2024
First Action
Jan 29, 2024
Latest Action
Apr 18, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
985
State
California
Session
20232024
Sponsorship by Party
Summary
The Check Sellers, Bill Payers and Proraters Law (Proraters Law) prohibits, among other things, a person, without first obtaining a license from the Commissioner of Financial Protection and Innovation, from acting as a person who, for compensation, engages in whole or in part in the business of receiving money or evidences thereof for the purpose of distributing the money or evidences thereof among creditors in payment or partial payment of the obligations of the debtor. The Proraters Law exempts from the requirements of the law imposed on proraters a nonprofit community service organization that meets certain criteria, including that the nonprofit community service organization has as its principal functions consumer credit education, counseling on consumer credit problems and family budgets, arranging or administering debt management plans, and arranging or administering debt settlement plans. The Proraters Law also provides as a criteria for exemption that the nonprofit community service organization receives from a debtor no more than certain amounts to offset the organization's actual and necessary expenses for those services, including a one-time sum not to exceed $50 for education and counseling combined in connection with debt management or debt settlement services and, for debt management plans, a sum not to exceed 8% of the money disbursed monthly or $35 per month, whichever is less. The Proraters Law provides as a criteria for exemption that the nonprofit community service organization maintains at all times a surety bond in the amount of $25,000 issued by an insurer licensed in this state. This bill would instead provide as a criteria for exemption from the Proraters Law that the nonprofit community service organization receives from a debtor no more than a one-time sum not to exceed $100 for education and counseling combined in connection with debt management or debt settlement services and, for debt management plans, a sum not to exceed 15% of the money disbursed monthly or $75 per month, whichever is less. The bill would also revise and recast the requirement for exemption from the Proraters Law that a nonprofit community service organization has as one of its principal functions counseling on consumer credit problems and family budgets to specify that the counseling is via in-person, telephone, and virtual communication. The bill would also increase the surety bond requirement described above from $25,000 to $100,000. By narrowing the scope of nonprofit community service organizations that are exempt from the Proraters Law, a willful violation of which is punishable as a misdemeanor, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Actions (10)
04/18/2024
Assembly
In Assembly. Read first time. Held at Desk.
04/18/2024
Senate
Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly.
04/16/2024
Senate
Read second time. Ordered to consent calendar.
04/15/2024
Senate
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
04/05/2024
Senate
Set for hearing April 15.
04/04/2024
Senate
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3465.) (April 3). Re-referred to Com. on APPR.
03/20/2024
Senate
Set for hearing April 3.
02/14/2024
Senate
Referred to Com. on B. & F.I.
01/30/2024
Senate
From printer. May be acted upon on or after February 29.
01/29/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Jan 30, 2024 12:20:40 PM
Record Updated
Apr 24, 2024 12:21:48 PM