Amended
IN
Senate
January 07, 2002 |
Introduced by
Senator
Polanco |
February 23, 2001 |
Existing law, the California Finance Lenders Law, requires a person to be licensed by the Commissioner of Corporations in order to engage in the business of a finance lender or broker. Existing law requires a licensee to pay to the commissioner a specified amount assessed by the commissioner.
This bill would make a nonsubstantive change to that provision relating to the payment a licensee is required to make.
Section 22107 of the Financial Code is amended
to read:884.
(a) The commission shall, on or before July 1, 2003, issue a plan and strategy to use not more than one-half of the surplus, if any, in the Universal Lifeline Telephone Service Trust Administrative Committee Fund for purposes of providing incentives, as determined by the commission, to telecommunications providers that agree to promote equal access to high speed communications networks by voluntarily offering expanded telecommunications services, with a priority for providing two-way voice, video, and data service, as components of basic service, in currently underserved geographic regions of the state.
(a)Each licensee shall pay to the commissioner its pro rata share of all costs and expenses reasonably incurred in the administration of this division, as estimated by the commissioner, for the ensuing year and any deficit actually incurred or anticipated in the administration of the program in the year in which the assessment is made. The pro rata share shall be the proportion that a licensee’s gross income bears to the aggregate gross income of all licensees as shown by the annual financial reports to the commissioner, for the costs and expenses remaining after the amount assessed pursuant to subdivision (c).
(b)On or before the 30th day of May of each year, the commissioner shall notify each licensee by mail of the amount assessed and levied against the licensee and that amount shall be paid within 20 days thereafter. If payment is not made within 20 days, the commissioner shall assess and collect a penalty, in addition to the assessment, of 1 percent of the assessment for each month or part of a month that the payment is delayed or withheld.
(c)In the levying and collection of the assessment, a licensee shall neither be assessed for nor be permitted to pay less than two hundred fifty dollars ($250) per licensed location per year.
(d)If a licensee fails to pay the assessment on or before the 30th day of June following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the certificate issued to the licensee. If after an order is made, a request for hearing is filed in writing within 30 days, and a hearing is not held within 60 days thereafter, the order is deemed rescinded as of its effective date. During any period when its certificate is revoked or suspended, a licensee shall not conduct business pursuant to this division except as may be permitted by order of the commissioner. However, the revocation, suspension, or surrender of a certificate shall not affect the powers of the commissioner as provided in this division.