Article 6. Miscellaneous of California Financial Code >> Division 10. >> Chapter 3. >> Article 6.
(a) Check cashers that hold a valid permit prior to January
1, 2003, issued pursuant to Section 1789.37 of the Civil Code, and
that have been making deferred deposits prior to January 1, 2003,
shall do the following prior to engaging in the business of deferred
deposits on or after December 31, 2004:
(1) Pay the assessment on or before May 15, 2003, pursuant to the
provisions of this division for the 2003-04 fiscal year. The fees and
assessments paid pursuant to this subdivision shall be
(2) On or before May 15, 2003, submit a license application and
pay a license fee pursuant to Article 2 (commencing with Section
(b) Any person that intends to engage in the business of deferred
deposits after December 31, 2004, and that holds a check cashing
permit from the Attorney General on or before January 2003 and fails
to submit a license application or pay a license fee as provided in
this subdivision, shall upon the request of the commissioner and
applying for a license forfeit to the people of the state a sum of
twenty-five dollars ($25) for every day or part of a day that the
submission or payment is delayed or withheld. Applications will be
processed in the order of the date received by the commissioner.
Applications submitted prior to December 31, 2004, shall not be
subject to subdivision (c) of Section 23011.
(c) The commissioner shall issue a license to a licensee under
this division upon receiving payment of the assessment for the
2003-04 fiscal year, the license application, and fee and any
additional information the commissioner may require in the
application to demonstrate compliance with provisions of this
division. The amount collected shall be deposited in the State
Corporations Fund and shall be subject to appropriation by the
Legislature for the 2003-04 fiscal year.
Regulations of the commissioner adopted prior to June 30,
2003, to implement this division shall be adopted as emergency
regulations. Upon receipt of the regulations, the Office of
Administrative Law shall file the regulations with the Secretary of
State for immediate effectiveness.
The deferred deposits made pursuant to a permit issued under
Section 1789.37 of the Civil Code prior to December 31, 2004, shall
be subject to and enforced to the extent valid under Sections 1789.30
to 1789.37, inclusive, of the Civil Code, as if those sections were
not repealed. Any regulation, order, or other action adopted,
prescribed, taken, or performed by the Department of Justice or by an
officer of that department in connection with deferred deposit
transactions made prior to December 31, 2004, shall continue to apply
to those transactions. No suit, action, or other proceeding lawfully
commenced by or against the Department of Justice or any other
officer of the state in relation to deferred deposit transactions
made prior to December 31, 2004, shall abate by reason of the
transfer of authority concerning deferred deposit transactions to the
Department of Business Oversight pursuant to Section 23071.
It is the intent of the Legislature that this division shall
be administered and enforced with sufficient program resources and
funding including personnel to examine licensees as often as the
commissioner deems necessary and appropriate but at least once every
two years, and to authorize enforcement actions that are necessary
and appropriate to protect the public. This act should be
administered and enforced only to the extent funds are appropriated
by the Legislature and made available for this purpose.
Except as provided in this article, the provisions of this
division shall become effective on January 1, 2003, and shall become
operative on December 31, 2004. However, the commissioner shall have
the power and authority to implement the provisions of this division
prior to December 31, 2004.
The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
This division creates and authorizes an exempt class of
persons pursuant to Section 1 of Article XV of the California