AB 2380: Online pet retailers: retail financing options.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-26
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law provides civil penalties for a violation of the act, up to $1,000 per violation, except in certain cases, and allows such an action to be prosecuted by the district attorney or city attorney, as specified.
This bill would prohibit an online pet retailer, as defined, from offering, brokering, making a referral for, or otherwise facilitating a loan or other financing option for the adoption or sale of a dog, cat, or rabbit. The bill would not apply to a loan or other financing option for the purchase of a service animal.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law provides civil penalties for a violation of the act, up to $1,000 per violation, except in certain cases, and allows such an action to be prosecuted by the district attorney or city attorney, as specified.
This bill would prohibit an online pet retailer, as defined, from offering, brokering, making a referral for, or otherwise facilitating a loan or other financing option for the adoption or sale of a dog, cat, or rabbit. The bill would not apply to a loan or other financing option for the purchase of a service animal.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law provides civil penalties for a violation of the act, up to $1,000 per violation, except in certain cases, and allows such an action to be prosecuted by the district attorney or city attorney, as specified.
This bill would prohibit an online pet retailer, as defined, from offering offering, brokering, making a referral for, or otherwise facilitating a loan or other financing option for the adoption or sale of a dog, cat, or rabbit. The bill would not apply to a loan or other financing option for the purchase of a service animal.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law provides civil penalties for a violation of the act, up to $1,000 per violation, except in certain cases, and allows such an action to be prosecuted by the district attorney or city attorney, as specified.
This bill would prohibit an online pet retailer, as defined, from offering a loan or other financing option for the adoption or sale of a dog, cat, or rabbit. The bill would not apply to a loan or other financing option for the purchase of a service animal.
Existing law, the Financial Institutions Law, authorizes the Department of Financial Protection and Innovation within the Business, Consumer Services, and Housing Agency, to execute the laws of the State of California relating to, among other things, finance lenders and brokers. Existing law, the California Financing Law, authorizes the office of the Commissioner of the Department of Financial Protection and Innovation to license, regulate, and discipline finance lenders and brokers making consumer loans. A willful violation of the California Financing Law is a crime, except as specified.This bill would prohibit a licensee from making a consumer loan to a borrower for the purpose of purchasing a dog or cat if that loan is offered, arranged, or facilitated by a merchant or retailer. Because a willful violation of these provisions would be a crime, 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.Existing law, the Financial Institutions Law, authorizes the Department of Financial Protection and Innovation within the Business, Consumer Services, and Housing Agency, to execute the laws of the State of California relating to, among other things, finance lenders and brokers. Existing law, the California Financing Law, authorizes the office of the Commissioner of the Department of Financial Protection and Innovation to license, regulate, and discipline finance lenders and brokers making consumer loans. A willful violation of the California Financing Law is a crime, except as specified.
This bill would prohibit a licensee from making a consumer loan if that loan is to a borrower for the purchase of purpose of purchasing a dog or cat. cat if that loan is offered, arranged, or facilitated by a merchant or retailer. Because a willful violation of these provisions would be a crime, 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.
Existing law, the Financial Institutions Law, authorizes the Department of Financial Protection and Innovation within the Business, Consumer Services, and Housing Agency, to execute the laws of the State of California relating to, among other things, finance lenders and brokers. Existing law, the California Financing Law, authorizes the office of the Commissioner of the Department of Financial Protection and Innovation to license, regulate, and discipline finance lenders and brokers making consumer loans. A willful violation of the California Financing Law is a crime, except as specified.
This bill would prohibit a licensee from making a consumer loan if that loan is for the purchase of a dog or cat. Because a willful violation of these provisions would be a crime, 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.
(a)For the purposes of this section, online pet retailer means a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through an internet website.
(b)An online pet retailer shall not offer, broker, make a referral for, or otherwise facilitate a loan or other financing option for the adoption or sale of a dog, cat, or rabbit.
(c)This section does not apply to a loan or other financing option for the purchase of a service animal.
(a)For the purposes of this section, online pet retailer means a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through an internet website.
(b)An online pet retailer shall not offer, broker, make a referral for, or otherwise facilitate a loan or other financing option for the adoption or sale of a dog, cat, or rabbit.
(c)This section does not apply to a loan or other financing option for the purchase of a service animal.
(a)For the purposes of this section, online pet retailer means a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through an internet website.
(b)An online pet retailer shall not offer offer, broker, make a referral for, or otherwise facilitate a loan or other financing option for the adoption or sale of a dog, cat, or rabbit.
(c)This section does not apply to a loan or other financing option for the purchase of a service animal.
(a)For the purposes of this section, online pet retailer means a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through an internet website.
(b)An online pet retailer shall not offer a loan or other financing option for the adoption or sale of a dog, cat, or rabbit.
(c)This section does not apply to a loan or other financing option for the purchase of a service animal.
SECTION 1.Section 22348 is added to the Financial Code, to read:22348.A licensee shall not make a consumer loan to a borrower for the purpose of purchasing a dog or cat if the loan is offered, arranged, or facilitated by a merchant or retailer.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.A licensee shall not make a consumer loan to a borrower if that loan is to purchase for the purpose of purchasing a dog or cat. cat if the loan is offered, arranged, or facilitated by a merchant or retailer.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
A licensee shall not make a consumer loan to a borrower if that loan is to purchase a dog or cat.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Sep 26, 2022 | Chaptered by Secretary of State - Chapter 548, Statutes of 2022. |
| Sep 26, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 30, 2022 | Joint Rule 62(a), file notice suspended. |
| Aug 24, 2022 | Assembly Rule 77(a) suspended. |
| Aug 23, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 5020.). |
| Aug 17, 2022 | Read second time. Ordered to third reading. |
| Aug 16, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2022 | Read second time. Ordered to third reading. |
| Aug 1, 2022 | Withdrawn from committee. |
| Jul 13, 2022 | In committee: Hearing postponed by committee. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 16, 2022 | Re-referred to Coms. on B., P. & E.D. and APPR. |
| Jun 14, 2022 | Withdrawn from committee. |
| Jun 13, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.I. |
| Jun 13, 2022 | In committee: Hearing postponed by committee. |
| May 25, 2022 | Referred to Coms. on B. & F.I. and JUD. |
| May 12, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 12, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4659.) |
| May 5, 2022 | Read second time. Ordered to Consent Calendar. |
| May 4, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 4). |
| Apr 19, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 6, 2022 | Re-referred to Com. on B. & F. |
| Apr 5, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended. |
| Mar 3, 2022 | Referred to Com. on B. & F. |
| Feb 18, 2022 | From printer. May be heard in committee March 20. |
| Feb 17, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 31, 2022 | AB 2380 Maienschein Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 23, 2022 | Assembly 3rd Reading AB2380 Maienschein By Allen | Senate Floor |
Passed |
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| May 12, 2022 | AB 2380 Maienschein Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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