SB 301: Marketplaces: online marketplaces.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-30
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplace, not later than 10 days after qualifying as a high-volume third-party seller, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided.
This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues from transactions with buyers in California through the online marketplace to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller under certain circumstances, including that the high-volume third-party seller is not in compliance with the provisions described in this paragraph.
This bill would require an online marketplace to comply with specified recordkeeping and security procedures with regard to the information required to comply with these provisions. The bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplace, not later than 10 days after qualifying as a high-volume third-party seller, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided.
This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues from transactions with buyers in California through the online marketplace to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller under certain circumstances, including that the high-volume third-party seller is not in compliance with the provisions described in this paragraph.
This bill would require an online marketplace to comply with specified recordkeeping and security procedures with regard to the information required to comply with these provisions. The bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplaces platform, marketplace, not later than 10 days after qualifying as a high-volume third-party seller on the platform, seller, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided.
This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues derived from transactions with buyers in California through the online marketplaces platform marketplace to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller under certain circumstances, including that the high-volume third-party seller is not in compliance with the provisions described in this paragraph.
This bill would require an online marketplace to comply with specified recordkeeping and security procedures with regard to the information required to comply with these provisions. The bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplaces platform, not later than 10 days after qualifying as a high-volume third-party seller on the platform, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided.
This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues derived from the online marketplaces platform to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph.
This bill would require an online marketplace to comply with specified recordkeeping and security procedures with regard to the information required to comply with these provisions. The bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2023, require an online marketplace, as defined, to require a high-volume third-party seller on the online marketplaces platform, not later than 10 days after qualifying as a high-volume third-party seller on the platform, to provide to the online marketplace specified information, including certain contact information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 10 days and would require the online marketplace to verify within 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided.
This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues derived from the online marketplaces platform to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph.
This bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would, commencing July 1, 2022, 2023, require an online marketplaces, marketplace, as defined, to regulate high-volume third party sellers, as defined, on the online marketplace by requiring require a high-volume third-party seller on the online marketplaces platform, to provide not later than 10 days after qualifying as a high-volume third-party seller on the platform, to provide to the online marketplace specified information, including certain contact information, a business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number, and keep that information provided by a third-party seller for no less than 5 years on a secured server. information and a bank account number or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller, as prescribed. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph, as specified.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller pursuant to the provisions described above within 3 days, 10 days and would require the online marketplace to verify within 3 10 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided. The bill would require the online marketplace to suspend the high-volume third-party sellers participation if the online marketplace becomes aware that a high-volume third-party seller has not complied with those provisions.
This bill would require an online marketplace to display on their platform, as specified, a link to information about, among other things, procedures required for retailers and law enforcement agencies to make a claim or request information related to illegitimate products, as defined, on the online marketplace. The bill would require an online platform to disclose specified information about high-volume third-party sellers to a law enforcement agency or retailer within 10 business days of a request from the law enforcement agency or retailer, and provide that disclosing incorrect or outdated information to a law enforcement agency or retailer is a violation of these provisions unless the marketplace can demonstrate that the disclosed information was verified within the year before the disclosure.This bill would authorize the Attorney General to adopt regulations for the enforcement of these provisions and to adopt regulations with respect to the collection and verification of information, as provided. The bill would authorize the Attorney General to enforce these provisions by commencing a civil action, and specify that violators of the provisions of this bill may be held liable for a civil penalty of up to $10,000.This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.This bill would also require an online marketplace to, among other things, require a high-volume third-party seller with at least $20,000 of gross annual revenues derived from the online marketplaces platform to provide, subject to certain exceptions, certain information, including the sellers physical address, to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history. The bill would require an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with the provisions described in this paragraph.
This bill would subject a person or entity who violates the bills provisions to a civil penalty not to exceed $10,000 for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would express the intent of the Legislature to enact legislation that would provide consumers greater transparency with respect to identity and contact information for marketplace sellers. would, commencing July 1, 2022, require online marketplaces, as defined, to regulate high-volume third party sellers, as defined, on the online marketplace by requiring a high-volume third-party seller to provide to the online marketplace specified information, including contact information, a business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number, and keep that information provided by a third-party seller for no less than 5 years on a secured server.
This bill would require the online marketplace to verify the information provided by the high-volume third-party seller within 3 days, and would require the online marketplace to verify within 3 days any changes to the information and to, at least annually, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information, as provided. The bill would require the online marketplace to suspend the high-volume third-party sellers participation if the online marketplace becomes aware that a high-volume third-party seller has not complied with those provisions.
This bill would require an online marketplace to display on their platform, as specified, a link to information about, among other things, procedures required for retailers and law enforcement agencies to make a claim or request information related to illegitimate products, as defined, on the online marketplace. The bill would require an online platform to disclose specified information about high-volume third-party sellers to a law enforcement agency or retailer within 10 business days of a request from the law enforcement agency or retailer, and provide that disclosing incorrect or outdated information to a law enforcement agency or retailer is a violation of these provisions unless the marketplace can demonstrate that the disclosed information was verified within the year before the disclosure.
This bill would authorize the Attorney General to adopt regulations for the enforcement of these provisions and to adopt regulations with respect to the collection and verification of information, as provided. The bill would authorize the Attorney General to enforce these provisions by commencing a civil action, and specify that violators of the provisions of this bill may be held liable for a civil penalty of up to $10,000.
This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language.
This bill would express the intent of the Legislature to enact legislation that would provide consumers greater transparency with respect to identity and contact information for marketplace sellers.
For purposes of this chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(b)(1)High-volume third-party seller means a third-party seller who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete transactions through an online marketplace for the sale of new or unused consumer products to buyers located in California resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(2)The number of discrete transactions referenced in paragraph (1) includes only those transactions through the online marketplace for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means a consumer-directed, electronically accessed platform for which all of the following are true:
(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The platform has a contractual relationship with consumers governing their use of the platform to purchase consumer products.
(d)Third-party seller means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a consumer product in the state by or through an online marketplace.
(e)Verify means to confirm that information provided to an online marketplace pursuant to this section is accurate. Methods of confirmation include the use of one or more methods that enable the online marketplace to reliably determine that the information and documents are valid, correspond to the seller or an individual acting on the sellers behalf, are not misappropriated, and are not falsified.
1749.8.1.(a)An online marketplace shall require each high-volume third-party seller on the online marketplace to provide, not later than 10 days after qualifying as a high-volume third-party seller, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The high-volume third-party seller shall provide the information required by this paragraph to one of the following as specified by the online marketplace:
(i)The online marketplace.
(ii)A payment processor or other third party designated by the online marketplace that is required, pursuant to a contract with the online marketplace, to maintain the information in a confidential manner and disclose the information only in response to a court order or to the online marketplace upon its request.
(2)If the high-volume third-party seller is an individual, the individuals name.
(3)If the high-volume third-party seller is not an individual, one of the following:
(A)A copy of a valid government-issued identification for an individual who has the legal authority to act on behalf of the high-volume third-party seller that includes the individuals name.
(B)A copy of a valid government record or tax document dated within the past 24 months that includes the business name and physical address of the high-volume third-party seller.
(4)A business tax identification number, or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(5)A valid email address and telephone number for the high-volume third-party seller.
(b)An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller operating on the online marketplace of the requirement to inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify that the information is accurate and that either that the sellers information is unchanged or that the seller is providing updated information.
(2)If a high-volume third-party seller does not provide the information or certification required under this section,, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues from transactions with buyers in California through the online marketplace in either of the two prior calendar years to provide, in addition to the information required by 1749.8.1, the following information to the online marketplace and to disclose the information about the high-volume third-party seller to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), the high-volume third-party seller shall provide all of the following identifying information:
(i)The full name of the high-volume third-party seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The high-volume third-party sellers physical address.
(iii)Contact information for the high-volume third-party seller, including a current working telephone number, email address, or any other means of direct electronic messaging, to allow users of the online marketplace to have direct and unhindered communication with the seller.
(B)A high-volume third-party seller may request that the online marketplace accept the following partial disclosures of information in lieu of the disclosures required pursuant to subparagraph (A):
(i)If the high-volume third-party seller certifies to the online marketplace that they do not have a physical address other than a residential physical address, or a combined business and residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(ii)If the high-volume third-party seller certifies to the online marketplace that they do not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that no telephone number is available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(2)(A)Whether or not another party is responsible for supplying the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the contact information described in paragraph (1) for the party who is responsible for supplying the product to the consumer upon purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity by the high-volume third-party seller to the online marketplace.
(c)(1)(A)An online marketplace shall suspend future sales activity of a high-volume third-party seller that meets any of the following criteria:
(i)The high-volume third-party seller is not in compliance with the requirements of this section.
(ii)The high-volume third-party seller made a false representation to the online marketplace about the applicability of subparagraph (B) of paragraph (1) of subdivision (a).
(iii)The high-volume third-party seller made a false representation to consumers.
(B)An online marketplace may suspend future sales activity of a high-volume third-party seller that has not answered consumer inquiries within a reasonable timeframe.
(2)(A)An online marketplace shall provide notice of an impending suspension pursuant to clause (i) of subparagraph (A) of paragraph (1) and shall not suspend the high-volume third-party seller if the seller becomes in compliance with this section within 10 days of the date on which the notice was issued.
(B)If the high-volume third-party seller provides the information required by subdivision (a) more than 10 days after the date of the notice, the online marketplace shall restore the ability of the seller to have transactions facilitated by or through the online marketplace within 10 days of receiving all of the information.
1749.8.3.(a)(1)An online marketplace shall keep the information provided to comply with the requirements of this title for no less than two years.
(2)Information provided solely to comply with the requirements of this title shall not be used for any other purpose unless required by law.
(3)An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the information and the purposes for which the information will be used, to protect the information provided to comply with the requirements of this title from unauthorized use, disclosure, access, destruction, and modification.
(b)A high-volume third-party seller may redact from a document provided solely to comply with a requirement of this title any information that is not necessary for either of the following:
(1)To comply with a requirement of this title.
(2)To verify the authenticity of the document as a copy of a valid government-issued identification, government record, or tax document, as applicable.
1749.8.4.(a)A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
(b)In addition to the civil penalty provided by subdivision (a), the Attorney General who prevails in an action to enforce this title shall be entitled to the following relief:
(1)Reasonable attorneys fees and costs, including expert witness fees and other litigation expenses.
(2)Preventive relief, including a permanent or temporary injunction, restraining order, or other order against any person responsible for the conduct.
1749.8.5.(a)This title does not apply to or affect the liability of an entity, including an entity that meets the definition of a high-volume third-party seller under this title, for damages caused by a consumer product that is sold online.
(b)This title shall become operative July 1, 2023.
For purposes of this chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(b)(1)High-volume third-party seller means a third-party seller who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete transactions through an online marketplace for the sale of new or unused consumer products to buyers located in California resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(2)The number of discrete transactions referenced in paragraph (1) includes only those transactions through the online marketplace for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means a consumer-directed, electronically accessed platform for which all of the following are true:
(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The platform has a contractual relationship with consumers governing their use of the platform to purchase consumer products.
(d)Third-party seller means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a consumer product in the state by or through an online marketplace.
(e)Verify means to confirm that information provided to an online marketplace pursuant to this section is accurate. Methods of confirmation include the use of one or more methods that enable the online marketplace to reliably determine that the information and documents are valid, correspond to the seller or an individual acting on the sellers behalf, are not misappropriated, and are not falsified.
1749.8.1.(a)An online marketplace shall require each high-volume third-party seller on the online marketplace to provide, not later than 10 days after qualifying as a high-volume third-party seller, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The high-volume third-party seller shall provide the information required by this paragraph to one of the following as specified by the online marketplace:
(i)The online marketplace.
(ii)A payment processor or other third party designated by the online marketplace that is required, pursuant to a contract with the online marketplace, to maintain the information in a confidential manner and disclose the information only in response to a court order or to the online marketplace upon its request.
(2)If the high-volume third-party seller is an individual, the individuals name.
(3)If the high-volume third-party seller is not an individual, one of the following:
(A)A copy of a valid government-issued identification for an individual who has the legal authority to act on behalf of the high-volume third-party seller that includes the individuals name.
(B)A copy of a valid government record or tax document dated within the past 24 months that includes the business name and physical address of the high-volume third-party seller.
(4)A business tax identification number, or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(5)A valid email address and telephone number for the high-volume third-party seller.
(b)An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller operating on the online marketplace of the requirement to inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify that the information is accurate and that either that the sellers information is unchanged or that the seller is providing updated information.
(2)If a high-volume third-party seller does not provide the information or certification required under this section,, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues from transactions with buyers in California through the online marketplace in either of the two prior calendar years to provide, in addition to the information required by 1749.8.1, the following information to the online marketplace and to disclose the information about the high-volume third-party seller to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), the high-volume third-party seller shall provide all of the following identifying information:
(i)The full name of the high-volume third-party seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The high-volume third-party sellers physical address.
(iii)Contact information for the high-volume third-party seller, including a current working telephone number, email address, or any other means of direct electronic messaging, to allow users of the online marketplace to have direct and unhindered communication with the seller.
(B)A high-volume third-party seller may request that the online marketplace accept the following partial disclosures of information in lieu of the disclosures required pursuant to subparagraph (A):
(i)If the high-volume third-party seller certifies to the online marketplace that they do not have a physical address other than a residential physical address, or a combined business and residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(ii)If the high-volume third-party seller certifies to the online marketplace that they do not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that no telephone number is available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(2)(A)Whether or not another party is responsible for supplying the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the contact information described in paragraph (1) for the party who is responsible for supplying the product to the consumer upon purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity by the high-volume third-party seller to the online marketplace.
(c)(1)(A)An online marketplace shall suspend future sales activity of a high-volume third-party seller that meets any of the following criteria:
(i)The high-volume third-party seller is not in compliance with the requirements of this section.
(ii)The high-volume third-party seller made a false representation to the online marketplace about the applicability of subparagraph (B) of paragraph (1) of subdivision (a).
(iii)The high-volume third-party seller made a false representation to consumers.
(B)An online marketplace may suspend future sales activity of a high-volume third-party seller that has not answered consumer inquiries within a reasonable timeframe.
(2)(A)An online marketplace shall provide notice of an impending suspension pursuant to clause (i) of subparagraph (A) of paragraph (1) and shall not suspend the high-volume third-party seller if the seller becomes in compliance with this section within 10 days of the date on which the notice was issued.
(B)If the high-volume third-party seller provides the information required by subdivision (a) more than 10 days after the date of the notice, the online marketplace shall restore the ability of the seller to have transactions facilitated by or through the online marketplace within 10 days of receiving all of the information.
1749.8.3.(a)(1)An online marketplace shall keep the information provided to comply with the requirements of this title for no less than two years.
(2)Information provided solely to comply with the requirements of this title shall not be used for any other purpose unless required by law.
(3)An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the information and the purposes for which the information will be used, to protect the information provided to comply with the requirements of this title from unauthorized use, disclosure, access, destruction, and modification.
(b)A high-volume third-party seller may redact from a document provided solely to comply with a requirement of this title any information that is not necessary for either of the following:
(1)To comply with a requirement of this title.
(2)To verify the authenticity of the document as a copy of a valid government-issued identification, government record, or tax document, as applicable.
1749.8.4.(a)A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
(b)In addition to the civil penalty provided by subdivision (a), the Attorney General who prevails in an action to enforce this title shall be entitled to the following relief:
(1)Reasonable attorneys fees and costs, including expert witness fees and other litigation expenses.
(2)Preventive relief, including a permanent or temporary injunction, restraining order, or other order against any person responsible for the conduct.
1749.8.5.(a)This title does not apply to or affect the liability of an entity, including an entity that meets the definition of a high-volume third-party seller under this title, for damages caused by a consumer product that is sold online.
(b)This title shall become operative July 1, 2023.
For purposes of this chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(b)(1)High-volume third-party seller means a participant in an online marketplace who is a third-party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales to, or transactions with, through an online marketplace for the sale of new or unused consumer products to buyers located in California for new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(2)The number of discrete sales or transactions referenced in paragraph (1) includes only those sales or transactions made through the online marketplace and for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means a person or entity that operates a consumer-directed, electronically accessed platform in a manner in for which all of the following are true:
(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The person or entity platform has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(d)Seller means a person or entity who sells, offers to sell, or contracts to sell a consumer product through an online marketplaces platform.(e)(1)(d)Third-party seller means a seller, person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a consumer product in the state by or through an online marketplaces platform. marketplace.
(2)Third-party seller does not mean a seller that meets either of the following criteria:(A)The seller is a business entity that meets all of the following criteria: (i)The seller has made available to the general public the entitys name, business address, and working contact information.(ii)The seller has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.(iii)The seller has provided to the online marketplace identifying information pursuant to subdivision (a) of Section 1749.8.1, that has been verified pursuant to subdivision (b) of Section 1749.8.1.(B)The seller operates the online marketplaces platform.(f)(e)Verify means to confirm that information provided to an online marketplace pursuant to this section, including section is accurate. Methods of confirmation include the use of one or more methods that enable the online marketplace to reliably determine that the information and documents provided are valid, corresponding correspond to the seller or an individual acting on the sellers behalf, are not misappropriated, and are not falsified.
1749.8.1.(a)An online marketplace shall require a each high-volume third-party seller on the online marketplaces platform marketplace to provide, not later than 10 days after qualifying as a high-volume third-party seller on the platform, seller, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The high-volume third-party seller shall provide the information required by this paragraph shall be provided by either of the following methods: to one of the following as specified by the online marketplace:
(i)To the The online marketplace.
(ii)To a A payment processor or other third party contracted by designated by the online marketplace that is required, pursuant to a contract with the online marketplace marketplace, to maintain the information only if the online marketplace ensures that it can obtain the information on demand from that payment processor or other third party. in a confidential manner and disclose the information only in response to a court order or to the online marketplace upon its request.
(2)If the high-volume third-party seller is an individual, the sellers individuals name.
(3)If the high-volume third-party seller is not an individual, one of the following:
(A)A copy of a valid government-issued identification for an individual acting who has the legal authority to act on behalf of the high-volume third-party seller that includes the individuals name.
(B)A copy of a valid government record or tax document dated within the past 24 months that includes the business name and physical address of the high-volume third-party seller.
(4)A business tax identification number, or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(5)A valid email address and telephone number for the high-volume third-party seller.
(b)An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller operating on the online marketplaces platform marketplace of the requirement that the seller to inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify that the information is accurate and that either that the sellers information is unchanged or that the seller is providing changes to the updated information.
(2)If a high-volume third-party seller does not provide the information or certification required under this paragraph section,, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues from sales to, or transactions with, with buyers in California derived from through the online marketplaces platform marketplace in either of the two prior calendar years to provide provide, in addition to the information required by 1749.8.1, the following information to the online marketplace and to disclose the information about the high-volume third-party seller to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), the high-volume third-party seller shall provide all of the following identifying information:
(i)The full name of the high-volume third-party seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The high-volume third-party sellers physical address.
(iii)Contact information for the seller to allow for the direct, unhindered communication with high-volume third-party sellers by users of the online marketplace, high-volume third-party seller, including a current working telephone number, email address, or any other means of direct electronic messaging. messaging, to allow users of the online marketplace to have direct and unhindered communication with the seller.
(B)(i)Subject to clause (ii), upon the request of a high-volume third-party seller, an online marketplace may provide only partial disclosure of the information described in this paragraph as follows:(B)A high-volume third-party seller may request that the online marketplace accept the following partial disclosures of information in lieu of the disclosures required pursuant to subparagraph (A):
(I)(i)If the high-volume third-party seller certifies to the online marketplace that the seller does they do not have a physical address other than a residential physical address, or a combined business and residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(II)(ii)If the high-volume third-party seller certifies to the online marketplace that the seller does they do not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that there is not a no telephone number is available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(ii)An online marketplace shall, after providing the seller notice and at least 10 days to respond, suspend future sales activity of that seller unless the seller consents to the disclosure of all information described in subparagraph (A) if either of the following is true:(I)A high-volume third-party seller has made a false representation to the online marketplace in order to justify partial disclosure pursuant to this subparagraph. (II)A seller that has received a provision for partial disclosure pursuant to this subparagraph has not answered consumer inquiries within a reasonable timeframe.(2)(A)Whether or not the high-volume third-party seller used a different seller to supply another party is responsible for supplying the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the contact information described in paragraph (1) that is related to a seller described by subparagraph (A) if that seller is not the seller on the product listing before purchase. for the party who is responsible for supplying the product to the consumer upon purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity by the high-volume third-party seller to the online marketplace.
(c)(1)(A)An online marketplace shall suspend future sales activity of a high-volume third-party seller that is not in compliance with the requirements of this section. meets any of the following criteria:
(i)The high-volume third-party seller is not in compliance with the requirements of this section.
(ii)The high-volume third-party seller made a false representation to the online marketplace about the applicability of subparagraph (B) of paragraph (1) of subdivision (a).
(iii)The high-volume third-party seller made a false representation to consumers.
(B)An online marketplace may suspend future sales activity of a high-volume third-party seller that has not answered consumer inquiries within a reasonable timeframe.
(2)(A)An online marketplace shall provide notice of an impending suspension pursuant to this subdivision clause (i) of subparagraph (A) of paragraph (1) and shall not suspend the high-volume third-party seller if the seller becomes in compliance with this section on or before within 10 days after of the date on which the notice was issued.
(B)If the high-volume third-party seller provides the information required by subdivision (a) more than 10 days after the date of the notice, the online marketplace shall restore the ability of the seller to have transactions facilitated by or through the online marketplace within 10 days of receiving all of the information.
1749.8.3.(a)(1)An online marketplace shall keep the information provided to comply with the requirements of this title for no less than two years.
(2)Information provided solely to comply with the requirements of this title shall not be used for any other purpose unless required by law.
(3)An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the information and the purposes for which the information will be used, to protect the information provided to comply with the requirements of this title from unauthorized use, disclosure, access, destruction, and modification.
(b)A high-volume third-party seller may redact from a document provided solely to comply with a requirement of this title any information that is not necessary for either of the following:
(1)To comply with a requirement of this title.
(2)To verify the authenticity of the document as a copy of a valid government-issued identification, government record, or tax document, as applicable.
1749.8.4.(a)A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
(b)In addition to the civil penalty provided by subdivision (a), the Attorney General who prevails in an action to enforce this title shall be entitled to the following relief:
(1)Reasonable attorneys fees and costs, including expert witness fees and other litigation expenses.
(2)Preventive relief, including a permanent or temporary injunction, restraining order, or other order against any person responsible for the conduct.
1749.8.5.(a)This title does not apply to or affect the liability of an entity, including an entity that meets the definition of a high-volume third-party seller under this title, for damages caused by a consumer product that is sold online.
(b)This title shall become operative July 1, 2023.
For purposes of this chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(b)(1)High-volume third-party seller means a participant in an online marketplace who is a third-party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales to, or transactions with, buyers located in California for new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(2)The number of discrete sales or transactions referenced in paragraph (1) includes only those sales or transactions made through the online marketplace and for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means a person or entity that operates a consumer-directed, electronically accessed platform in a manner in which all of the following are true:
(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The person or entity has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(d)Seller means a person or entity who sells, offers to sell, or contracts to sell a consumer product through an online marketplaces platform.
(e)(1)Third-party seller means a seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the state through an online marketplaces platform.
(2)Third-party seller does not mean a seller that meets either of the following criteria:
(A)The seller is a business entity that meets all of the following criteria:
(i)The seller has made available to the general public the entitys name, business address, and working contact information.
(ii)The seller has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(iii)The seller has provided to the online marketplace identifying information pursuant to subdivision (a) of Section 1749.8.1, that has been verified pursuant to subdivision (b) of Section 1749.8.1.
(B)The seller operates the online marketplaces platform.
(f)Verify means to confirm information provided to an online marketplace pursuant to this section, including the use of one or more methods that enable the online marketplace to reliably determine that information and documents provided are valid, corresponding to the seller or an individual acting on the sellers behalf, not misappropriated, and not falsified.
1749.8.1.(a)An online marketplace shall require a high-volume third-party seller on the online marketplaces platform to provide, not later than 10 days after qualifying as a high-volume third party third-party seller on the platform, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The information required by this paragraph shall be provided by either of the following methods:
(i)To the online marketplace.
(ii)To a payment processor or other third party contracted by the online marketplace to maintain the information only if the online marketplace ensures that it can obtain the information on demand from that payment processor or other third party.
(2)All of the following contact information, as applicable: (A)(2)If the seller is an individual, the sellers name.
(B)(3)If the seller is not an individual, one of the following:
(i)(A)A copy of a valid government-issued identification for an individual acting on behalf of the seller that includes the individuals name.
(ii)(B)A copy of a valid government record or tax document that includes the business name and physical address of the seller.
(3)(4)A business tax identification number, or, if the seller does not have a business tax identification number, a taxpayer identification number.
(4)(5)A valid email address and telephone number for the seller.
(b)(1)An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)The online marketplace shall keep the information provided in subdivision (a) for no less than five years on a secured server.(d)(c)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplaces platform of the requirement that the seller inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify either that the sellers information is unchanged or that the seller is providing changes to the information.
(2)If a high-volume third-party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
(e)Data collected solely to comply with the requirements of this section shall not be used for any other purpose unless that use is required by law.1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues from sales to, or transactions with, buyers in California derived from the online marketplaces platform in either of the two prior calendar years to provide the following information to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), all of the following identifying information:
(i)The full name of the seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The sellers physical address.
(iii)Contact information for the seller to allow for the direct, unhindered communication with high-volume third-party sellers by users of the online marketplace, including a current working telephone number, email address, or any other means of direct electronic messaging.
(B)(i)Subject to clause (ii), upon the request of a high-volume third-party seller, an online marketplace may provide only partial disclosure of the information described in this paragraph as follows:
(I)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a physical address other than a residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(II)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that there is not a telephone number available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(ii)An online marketplace shall, after providing the seller notice and at least 10 days to respond, suspend future sales activity of that seller unless the seller consents to the disclosure of all information described in subparagraph (A) if either of the following is true:
(I)A high-volume third-party seller has made a false representation to the online marketplace in order to justify partial disclosure pursuant to this subparagraph.
(II)A seller that has received a provision for partial disclosure pursuant to this subparagraph has not answered consumer inquiries within a reasonable timeframe.
(2)(A)Whether or not the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the information described in paragraph (1) that is related to a seller described by subparagraph (A) if that seller is not the seller on the product listing before purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity by the high-volume third-party seller to the online marketplace.
(c)(1)An online marketplace shall suspend future sales activity of a high-volume third-party seller that is not in compliance with the requirements of this section.
(2)An online marketplace shall provide notice of an impending suspension pursuant to this subdivision and shall not suspend the seller if the seller becomes in compliance with this section on or before 10 days after the notice was issued.
1749.8.3.(a)(1)An online marketplace shall keep the information provided to comply with the requirements of this title for no less than two years.
(2)Information provided solely to comply with the requirements of this title shall not be used for any other purpose unless required by law.
(3)An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the information and the purposes for which the information will be used, to protect the information provided to comply with the requirements of this title from unauthorized use, disclosure, access, destruction, and modification.
(b)A high-volume third-party seller may redact from a document provided solely to comply with a requirement of this title any information that is not necessary for either of the following:
(1)To comply with a requirement of this title.
(2)To verify the authenticity of the document as a copy of a valid government-issued identification, government record, or tax document, as applicable.
1749.8.3.1749.8.4.A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
1749.8.5.This title shall become operative July 1, 2023.
For purposes of this chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(b)(1)High-volume third-party seller means a participant in an online marketplace who is a third-party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales to, or transactions of with, buyers located in California for new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(2)The number of discrete sales or transactions referenced in paragraph (1) includes only those sales or transactions made through the online marketplace and for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means a person or entity that operates a consumer-directed, electronically accessed platform in a manner in which all of the following are true:
(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The person or entity has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(d)Seller means a person or entity who sells, offers to sell, or contracts to sell a consumer product through an online marketplaces platform.
(e)(1)Third-party seller means a seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the state through an online marketplaces platform.
(2)Third-party seller does not mean a seller that meets either of the following criteria:
(A)The seller is a business entity that meets all of the following criteria:
(i)The seller has made available to the general public the entitys name, business address, and working contact information.
(ii)The seller has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(iii)The seller has provided to the online marketplace identifying information pursuant to subdivision (a) of Section 1749.8.1, that has been verified pursuant to subdivision (b) of Section 1749.8.1.
(B)The seller operates the online marketplaces platform.
(f)Verify means to confirm information provided to an online marketplace pursuant to this section, including the use of one or more methods that enable the online marketplace to reliably determine that information and documents provided are valid, corresponding to the seller or an individual acting on the sellers behalf, not misappropriated, and not falsified.
1749.8.1.(a)An online marketplace shall require a high-volume third-party seller on the online marketplaces platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The information required by this paragraph shall be provided by either of the following methods:
(i)To the online marketplace.
(ii)To a payment processor or other third party contracted by the online marketplace to maintain the information only if the online marketplace ensures that it can obtain the information on demand from that payment processor or other third party.
(2)All of the following contact information, as applicable:
(A)If the seller is an individual, the sellers name.
(B)If the seller is not an individual, one of the following:
(i)A copy of a valid government-issued identification for an individual acting on behalf of the seller that includes the individuals name.
(ii)A copy of a valid government record or tax document that includes the business name and physical address of the seller.
(3)A business tax identification number, or, if the seller does not have a business tax identification number, a taxpayer identification number.
(4)A valid email address and telephone number for the seller.
(b)(1)An online marketplace shall verify the information provided pursuant to subdivision (a) within 10 days and shall verify within 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)The online marketplace shall keep the information provided in subdivision (a) for no less than five years on a secured server.
(d)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplaces platform of the requirement that the seller inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify either that the sellers information is unchanged or that the seller is providing changes to the information.
(2)If a high-volume third-party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
(e)Data collected solely to comply with the requirements of this section shall not be used for any other purpose unless that use is required by law.
1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues from sales to, or transactions with, buyers in California derived from the online marketplaces platform in either of the two prior calendar years to provide the following information to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), all of the following identifying information:
(i)The full name of the seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The sellers physical address.
(iii)Contact information for the seller to allow for the direct, unhindered communication with high-volume third-party sellers by users of the online marketplace, including a current working telephone number, email address, or any other means of direct electronic messaging.
(B)(i)Subject to clause (ii), upon the request of a high-volume third-party seller, an online marketplace may provide only partial disclosure of the information described in this paragraph as follows:
(I)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a physical address other than a residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(II)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that there is not a telephone number available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(ii)An online marketplace shall, after providing the seller notice and at least 10 days to respond, suspend future sales activity of that seller unless the seller consents to the disclosure of all information described in subparagraph (A) if either of the following is true:
(I)A high-volume third-party seller has made a false representation to the online marketplace in order to justify partial disclosure pursuant to this subparagraph.
(II)A seller that has received a provision for partial disclosure pursuant to this subparagraph has not answered consumer inquiries within a reasonable timeframe.
(2)(A)Whether or not the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the information described in paragraph (1) that is related to a seller described by subparagraph (A) if that seller is not the seller on the product listing before purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity by the high-volume third-party seller to the online marketplace.
(c)(1)An online marketplace shall suspend future sales activity of a high-volume third-party seller that is not in compliance with the requirements of this section.
(2)An online marketplace shall provide notice of an impending suspension pursuant to this subdivision and shall not suspend the seller if the seller becomes in compliance with this section on or before 10 days after the notice was issued.
1749.8.3.A person or entity who violates any provision of this title shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
1749.8.4.This title addresses a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding online marketplaces requirements in relation to verification of information from high-volume third-party sellers.1749.8.5.This title shall become operative July 1, 2023.
For purposes of this chapter, the following definitions shall apply: chapter:
(a)Consumer product means tangible personal property that is distributed in commerce and normally used for personal, family, or household purposes, including property intended to be attached to or installed in real property regardless of whether it is actually attached or installed.
(a)(b)(1)High-volume third-party seller means a participant in an online marketplace who is a third-party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(b)Illegitimate product means a product about which either of the following is shown to be true by clear and convincing evidence:(1)The product is counterfeit.(2)The product has been stolen.(2)The number of discrete sales or transactions referenced in paragraph (1) includes only those sales or transactions made through the online marketplace and for which payment is processed by the online marketplace directly or through its payment processor.
(c)Online marketplace means any electronically based or accessed platform that does both of the following: a person or entity that operates a consumer-directed, electronically accessed platform in a manner in which all of the following are true:
(1)Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the state.(2)Hosts one or more third-party sellers.(d)Regulated product means a product subject to regulation by a federal or state government agency.(e)Retailer includes the following:(1)Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.(2)Every person engaged in the business of making sales for storage, use, or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption.(1)The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2)The features described in paragraph (1) are used by third-party sellers.
(3)The person or entity has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(f)(d)Seller means a person or entity who sells, offers to sell, or contracts to sell a consumer product through an online marketplace. marketplaces platform.
(g)(e)(1)Third-party seller means any a seller, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the state through an online marketplace. Third-party seller does not include a seller that meets all of the following requirements: marketplaces platform.
(2)Third-party seller does not mean a seller that meets either of the following criteria:
(1)(A)The seller is a business entity that has made available to the general public the entitys name, business address, and working contact information. meets all of the following criteria:
(i)The seller has made available to the general public the entitys name, business address, and working contact information.
(2)(ii)The seller has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(3)(iii)The seller has provided to the online marketplace identifying information pursuant to subdivision (a) of Section 1749.8.1, that has been verified pursuant to subdivision (b) of Section 1749.8.1.
(B)The seller operates the online marketplaces platform.
(f)Verify means to confirm information provided to an online marketplace pursuant to this section, including the use of one or more methods that enable the online marketplace to reliably determine that information and documents provided are valid, corresponding to the seller or an individual acting on the sellers behalf, not misappropriated, and not falsified.
1749.8.1.(a)Online marketplaces shall require the responsible officer of a business operating as a high-volume third-party seller, or the individual if its an individual seller, on the online marketplace to provide the online marketplace with the following information within 24 hours of becoming a high-volume third-party seller:(1)The name of the business if applicable, and the first and last name of the responsible officer or individual.(2)The street address of the business or individual.(3)The phone number of the business or individual.(4)The email address of the business or individual.(5)The business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.1749.8.1.(a)An online marketplace shall require a high-volume third-party seller on the online marketplaces platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace:
(1)(A)A bank account number, or, if the seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the seller.
(B)The information required by this paragraph shall be provided by either of the following methods:
(i)To the online marketplace.
(ii)To a payment processor or other third party contracted by the online marketplace to maintain the information only if the online marketplace ensures that it can obtain the information on demand from that payment processor or other third party.
(2)All of the following contact information, as applicable:
(A)If the seller is an individual, the sellers name.
(B)If the seller is not an individual, one of the following:
(i)A copy of a valid government-issued identification for an individual acting on behalf of the seller that includes the individuals name.
(ii)A copy of a valid government record or tax document that includes the business name and physical address of the seller.
(3)A business tax identification number, or, if the seller does not have a business tax identification number, a taxpayer identification number.
(4)A valid email address and telephone number for the seller.
(b)The (1)An online marketplace shall verify the information provided in pursuant to subdivision (a) within three days, 10 days and shall verify within three 10 days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)The online marketplace shall keep the information provided in subdivision (a) for no less than five years on a secured server.
(d)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplace marketplaces platform of the requirement that the seller must inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within three 10 days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify either that the sellers information is unchanged or that the seller is providing changes to the information.
(2)If the online marketplace becomes aware that a high-volume third-party seller has neither certified that the sellers information is unchanged nor has not provided such changed information within three days of receiving the notification, the online marketplace shall suspend the high-volume third-party sellers participation on the marketplace until the seller has either certified that the sellers information is unchanged or has provided the changed information and the information has been verified.(2)If a high-volume third-party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and opportunity to provide the information or certification not later than 10 days after the issuance of the notice, suspend any future sales activity of the seller until the seller provides the information or certification.
(e)Data collected solely to comply with the requirements of this section shall not be used for any other purpose unless that use is required by law.
1749.8.2.An online marketplace shall do all of the following:(a)Display on their electronically based or accessed platform, clearly, conspicuously, and reasonably designed to be seen by all users of the platform, a link to the following information:(1)The procedures required for retailers and law enforcement agencies to make a claim that a product offered through the online marketplace is an illegitimate product or to request information regarding the sale of illegitimate products on the online marketplace.(2)Contact information, including, but not limited to, a phone number and an email address, that a person may contact to inquire about procedures and information related to illegitimate products.(b)Disclose to a law enforcement agency, upon request from that agency, information pursuant to subdivision (a) of 1749.8.1, within 10 business days of the initial request.(c)Disclose to a retailer, upon request from that retailer, information pursuant to subdivision (a) of 1749.8.1, within 10 business days of the initial request.(d)Disclosing incorrect or outdated information pursuant to subdivision (a) of 1749.8.1 to a law enforcement agency or retailer shall be deemed a violation of this title unless the marketplace can demonstrate that the disclosed information was verified within the year before the disclosure.1749.8.2.(a)An online marketplace shall require a high-volume third-party seller with at least twenty thousand dollars ($20,000) of gross annual revenues derived from the online marketplaces platform to provide the following information to the online marketplace and to disclose the information to consumers in a clear and conspicuous manner in the order confirmation message, or other communication made to a consumer after a purchase is finalized, and in the consumers account transaction history:
(1)(A)Except as provided in subparagraph (B), all of the following identifying information:
(i)The full name of the seller, which may include the sellers name or company name, or the name by which the seller or company operates on the online marketplace.
(ii)The sellers physical address.
(iii)Contact information for the seller to allow for the direct, unhindered communication with high-volume third-party sellers by users of the online marketplace, including a current working telephone number, email address, or any other means of direct electronic messaging.
(B)(i)Subject to clause (ii), upon the request of a high-volume third-party seller, an online marketplace may provide only partial disclosure of the information described in this paragraph as follows:
(I)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a physical address other than a residential physical address, the online marketplace may disclose only the country and state, if applicable, in which the seller resides and inform consumers that inquiries should be submitted to the seller by telephone, email, or electronic means provided by the online marketplace.
(II)If the high-volume third-party seller certifies to the online marketplace that the seller does not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that there is not a telephone number available for the seller, and inquiries should be submitted to the sellers email address or electronic means provided by the online marketplace.
(ii)An online marketplace shall, after providing the seller notice and at least 10 days to respond, suspend future sales activity of that seller unless the seller consents to the disclosure of all information described in subparagraph (A) if either of the following is true:
(I)A high-volume third-party seller has made a false representation to the online marketplace in order to justify partial disclosure pursuant to this subparagraph.
(II)A seller that has received a provision for partial disclosure pursuant to this subparagraph has not answered consumer inquiries within a reasonable timeframe.
(2)(A)Whether or not the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase.
(B)If requested by an authenticated purchaser, the information described in paragraph (1) that is related to a seller described by subparagraph (A) if that seller is not the seller on the product listing before purchase.
(b)An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of a high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious activity to the online marketplace.
(c)(1)An online marketplace shall suspend future sales activity of a high-volume third-party seller that is not in compliance with the requirements of this section.
(2)An online marketplace shall provide notice of an impending suspension pursuant to this subdivision and shall not suspend the seller if the seller becomes in compliance with this section on or before 10 days after the notice was issued.
1749.8.3.(a)The Attorney General may adopt regulations with respect to collecting and verifying information under this title. These regulations shall be limited to what is necessary to collect and verify that information.(b)The Attorney General may adopt regulations for the enforcement of this title.(c)A civil action may be brought in the name of the people of the State of California by the Attorney General to enforce this title.(d)Anyone 1749.8.3.A person or entity who violates any provision of this title may shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
1749.8.4.This title is addresses a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding online marketplaces requirements in relation to verification of information from high-volume third-party sellers.
1749.8.5.This title shall become operative July 1, 2022. 2023.
SEC. 2.The Legislature finds and declares that the regulation of high-volume third party sellers in this act adding Title 1.4D (commencing with Section 1749.8) to Part 4 of Division 3 of the Civil Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.For purposes of this chapter, the following definitions shall apply:
(a)High-volume third-party seller means a participant in an online marketplace who is a third-party seller and who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues.
(b)Illegitimate product means a product about which either of the following is shown to be true by clear and convincing evidence:
(1)The product is counterfeit.
(2)The product has been stolen.
(c)Online marketplace means any electronically based or accessed platform that does both of the following:
(1)Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the state.
(2)Hosts one or more third-party sellers.
(d)Regulated product means a product subject to regulation by a federal or state government agency.
(e)Retailer includes the following:
(1)Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.
(2)Every person engaged in the business of making sales for storage, use, or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption.
(f)Seller means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace.
(g)Third-party seller means any seller, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the state through an online marketplace. Third-party seller does not include a seller that meets all of the following requirements:
(1)The seller is a business entity that has made available to the general public the entitys name, business address, and working contact information.
(2)The seller has an ongoing contractual relationship with the owner of the online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(3)The seller has provided to the online marketplace identifying information pursuant to subdivision (a) of Section 1749.8.1, that has been verified pursuant to subdivision (b) of Section 1749.8.1.
1749.8.1.(a)Online marketplaces shall require the responsible officer of a business operating as a high-volume third-party seller, or the individual if its an individual seller, on the online marketplace to provide the online marketplace with the following information within 24 hours of becoming a high-volume third-party seller:
(1)The name of the business if applicable, and the first and last name of the responsible officer or individual.
(2)The street address of the business or individual.
(3)The phone number of the business or individual.
(4)The email address of the business or individual.
(5)The business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(b)The online marketplace shall verify the information provided in subdivision (a) within three days, and shall verify within three days any changes to the information that is provided to the marketplace by a high-volume third-party seller. If a high-volume third-party seller provides a copy of a valid government-issued tax document, information contained within the tax document shall be presumed to be verified as of the date of issuance of the record or document.
(c)The online marketplace shall keep the information provided in subdivision (a) for no less than five years on a secured server.
(d)(1)The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplace that the seller must inform the online marketplace of any changes to the information provided by the seller pursuant to subdivision (a) within three days of receiving the notification and shall instruct each high-volume third-party seller, as part of the notification, to electronically certify either that the sellers information is unchanged or that the seller is providing changes to the information.
(2)If the online marketplace becomes aware that a high-volume third-party seller has neither certified that the sellers information is unchanged nor has not provided such changed information within three days of receiving the notification, the online marketplace shall suspend the high-volume third-party sellers participation on the marketplace until the seller has either certified that the sellers information is unchanged or has provided the changed information and the information has been verified.
1749.8.2.An online marketplace shall do all of the following:
(a)Display on their electronically based or accessed platform, clearly, conspicuously, and reasonably designed to be seen by all users of the platform, a link to the following information:
(1)The procedures required for retailers and law enforcement agencies to make a claim that a product offered through the online marketplace is an illegitimate product or to request information regarding the sale of illegitimate products on the online marketplace.
(2)Contact information, including, but not limited to, a phone number and an email address, that a person may contact to inquire about procedures and information related to illegitimate products.
(b)Disclose to a law enforcement agency, upon request from that agency, information pursuant to subdivision (a) of 1749.8.1, within 10 business days of the initial request.
(c)Disclose to a retailer, upon request from that retailer, information pursuant to subdivision (a) of 1749.8.1, within 10 business days of the initial request.
(d)Disclosing incorrect or outdated information pursuant to subdivision (a) of 1749.8.1 to a law enforcement agency or retailer shall be deemed a violation of this title unless the marketplace can demonstrate that the disclosed information was verified within the year before the disclosure.
1749.8.3.(a)The Attorney General may adopt regulations with respect to collecting and verifying information under this title. These regulations shall be limited to what is necessary to collect and verify that information.
(b)The Attorney General may adopt regulations for the enforcement of this title.
(c)A civil action may be brought in the name of the people of the State of California by the Attorney General to enforce this title.
(d)Anyone who violates any provision of this title may be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.
1749.8.4.This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding online marketplaces requirements in relation to verification of information from high-volume third-party sellers.
1749.8.5.This title shall become operative July 1, 2022.
SEC. 2.The Legislature finds and declares that the regulation of high-volume third party sellers in this act adding Title 1.4D (commencing with Section 1749.8) to Part 4 of Division 3 of the Civil Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SECTION 1.It is the intent of the Legislature to enact legislation that would provide consumers greater transparency with respect to identity and contact information for marketplace sellers.It is the intent of the Legislature to enact legislation that would provide consumers greater transparency with respect to identity and contact information for marketplace sellers.
|
Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State. Chapter 857, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 24, 2022 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5078.) Ordered to engrossing and enrolling. |
| Aug 22, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 22, 2022 | Read third time. Passed. (Ayes 77. Noes 0. Page 6004.) Ordered to the Senate. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 16. Noes 0.) (August 11). |
| Aug 3, 2022 | August 3 set for first hearing. Placed on suspense file. |
| Jun 22, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 21, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 21). |
| Jun 15, 2022 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 14, 2022 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 14). |
| May 5, 2022 | Referred to Coms. on P. & C.P. and JUD. |
| Jan 24, 2022 | In Assembly. Read first time. Held at Desk. |
| Jan 24, 2022 | Read third time. Passed. (Ayes 34. Noes 0. Page 2804.) Ordered to the Assembly. |
| Jan 20, 2022 | From committee: Do pass. (Ayes 7. Noes 0. Page 2794.) (January 20). |
| Jan 19, 2022 | Set for hearing January 20. |
| Jan 18, 2022 | January 18 hearing: Placed on APPR suspense file. |
| Jan 14, 2022 | Set for hearing January 18. |
| Jan 13, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jan 12, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 2755.) (January 12). |
| Jan 3, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Dec 28, 2021 | Set for hearing January 12. |
| Mar 26, 2021 | April 6 set for first hearing canceled at the request of author. |
| Mar 23, 2021 | Set for hearing April 6. |
| Mar 18, 2021 | Re-referred to Com. on JUD. |
| Mar 10, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 10, 2021 | Referred to Com. on RLS. |
| Feb 4, 2021 | From printer. May be acted upon on or after March 6. |
| Feb 3, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2022 | Unfinished Business SB301 Skinner et al. Concurrence | Senate Floor |
Passed |
|
| Aug 22, 2022 | SB 301 Skinner Senate Third Reading By Aguiar-Curry | Assembly Floor |
Passed |
|
| Jan 24, 2022 | Senate 3rd Reading SB301 Skinner | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
