Amended IN Assembly April 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1366Introduced by Assembly Member MaienscheinFebruary 17, 2023 An act to amend Section 1208.66 of the Code of Civil Procedure, relating to liens. add Section 12527.6 to the Government Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTAB 1366, as amended, Maienschein. Liens: general aviation aircraft. Unfair competition and false advertising: disgorgement.Existing law generally regulates false advertising and makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.Existing law authorizes certain public officials, including the Attorney General, to take specified actions upon failure of the advertiser to adequately substantiate a claim within a reasonable time or if the requesting official has reason to believe that an advertising claim is false or misleading. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General.This bill would authorize the Attorney General, in an action brought under specified false advertising and unfair competition laws to obtain the remedy of disgorgement, in addition to the other remedies provided under prescribed law. The bill would require the funds recovered by the Attorney General under these provisions to be deposited into the Victims of Consumer Fraud Restitution Fund. The bill would establish the Victims of Consumer Fraud Restitution Fund ns the State Treasury and provide that the funds in the fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General, as specified. The bill would authorize the Attorney General to promulgate regulations in furtherance of these provisions.Under existing law a person has a lien, dependent upon possession, for the amount the person is owed for any services, materials, or storage provided for any aircraft, unless specified exceptions apply. Under existing law, if the lienholder is not paid the amount due within 10 days of its due date, the lienholder is entitled to sell the aircraft at public auction in satisfaction of the lien. Existing law requires the lienholder to publish notice of the lien sale in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in 3 of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale, as specified.This bill would instead require a lienholder to post notice of the sale of the aircraft in 5 of the most public places in the city or place where the aircraft is to be sold if there is no newspaper published in the county.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12527.6 is added to the Government Code, to read:12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.SECTION 1.Section 1208.66 of the Code of Civil Procedure is amended to read:1208.66.Prior to any sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in five of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale. Prior to the sale of any aircraft to satisfy a lien, 20 days notice by registered mail shall be given to the legal owner as it appears in the registration certificate.
Amended IN Assembly April 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1366Introduced by Assembly Member MaienscheinFebruary 17, 2023 An act to amend Section 1208.66 of the Code of Civil Procedure, relating to liens. add Section 12527.6 to the Government Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTAB 1366, as amended, Maienschein. Liens: general aviation aircraft. Unfair competition and false advertising: disgorgement.Existing law generally regulates false advertising and makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.Existing law authorizes certain public officials, including the Attorney General, to take specified actions upon failure of the advertiser to adequately substantiate a claim within a reasonable time or if the requesting official has reason to believe that an advertising claim is false or misleading. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General.This bill would authorize the Attorney General, in an action brought under specified false advertising and unfair competition laws to obtain the remedy of disgorgement, in addition to the other remedies provided under prescribed law. The bill would require the funds recovered by the Attorney General under these provisions to be deposited into the Victims of Consumer Fraud Restitution Fund. The bill would establish the Victims of Consumer Fraud Restitution Fund ns the State Treasury and provide that the funds in the fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General, as specified. The bill would authorize the Attorney General to promulgate regulations in furtherance of these provisions.Under existing law a person has a lien, dependent upon possession, for the amount the person is owed for any services, materials, or storage provided for any aircraft, unless specified exceptions apply. Under existing law, if the lienholder is not paid the amount due within 10 days of its due date, the lienholder is entitled to sell the aircraft at public auction in satisfaction of the lien. Existing law requires the lienholder to publish notice of the lien sale in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in 3 of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale, as specified.This bill would instead require a lienholder to post notice of the sale of the aircraft in 5 of the most public places in the city or place where the aircraft is to be sold if there is no newspaper published in the county.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly April 05, 2023
Amended IN Assembly April 05, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1366
Introduced by Assembly Member MaienscheinFebruary 17, 2023
Introduced by Assembly Member Maienschein
February 17, 2023
An act to amend Section 1208.66 of the Code of Civil Procedure, relating to liens. add Section 12527.6 to the Government Code, relating to consumer protection.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1366, as amended, Maienschein. Liens: general aviation aircraft. Unfair competition and false advertising: disgorgement.
Existing law generally regulates false advertising and makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.Existing law authorizes certain public officials, including the Attorney General, to take specified actions upon failure of the advertiser to adequately substantiate a claim within a reasonable time or if the requesting official has reason to believe that an advertising claim is false or misleading. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General.This bill would authorize the Attorney General, in an action brought under specified false advertising and unfair competition laws to obtain the remedy of disgorgement, in addition to the other remedies provided under prescribed law. The bill would require the funds recovered by the Attorney General under these provisions to be deposited into the Victims of Consumer Fraud Restitution Fund. The bill would establish the Victims of Consumer Fraud Restitution Fund ns the State Treasury and provide that the funds in the fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General, as specified. The bill would authorize the Attorney General to promulgate regulations in furtherance of these provisions.Under existing law a person has a lien, dependent upon possession, for the amount the person is owed for any services, materials, or storage provided for any aircraft, unless specified exceptions apply. Under existing law, if the lienholder is not paid the amount due within 10 days of its due date, the lienholder is entitled to sell the aircraft at public auction in satisfaction of the lien. Existing law requires the lienholder to publish notice of the lien sale in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in 3 of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale, as specified.This bill would instead require a lienholder to post notice of the sale of the aircraft in 5 of the most public places in the city or place where the aircraft is to be sold if there is no newspaper published in the county.
Existing law generally regulates false advertising and makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.
Existing law authorizes certain public officials, including the Attorney General, to take specified actions upon failure of the advertiser to adequately substantiate a claim within a reasonable time or if the requesting official has reason to believe that an advertising claim is false or misleading. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General.
This bill would authorize the Attorney General, in an action brought under specified false advertising and unfair competition laws to obtain the remedy of disgorgement, in addition to the other remedies provided under prescribed law. The bill would require the funds recovered by the Attorney General under these provisions to be deposited into the Victims of Consumer Fraud Restitution Fund. The bill would establish the Victims of Consumer Fraud Restitution Fund ns the State Treasury and provide that the funds in the fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General, as specified. The bill would authorize the Attorney General to promulgate regulations in furtherance of these provisions.
Under existing law a person has a lien, dependent upon possession, for the amount the person is owed for any services, materials, or storage provided for any aircraft, unless specified exceptions apply. Under existing law, if the lienholder is not paid the amount due within 10 days of its due date, the lienholder is entitled to sell the aircraft at public auction in satisfaction of the lien. Existing law requires the lienholder to publish notice of the lien sale in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in 3 of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale, as specified.
This bill would instead require a lienholder to post notice of the sale of the aircraft in 5 of the most public places in the city or place where the aircraft is to be sold if there is no newspaper published in the county.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12527.6 is added to the Government Code, to read:12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.SECTION 1.Section 1208.66 of the Code of Civil Procedure is amended to read:1208.66.Prior to any sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in five of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale. Prior to the sale of any aircraft to satisfy a lien, 20 days notice by registered mail shall be given to the legal owner as it appears in the registration certificate.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12527.6 is added to the Government Code, to read:12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.
SECTION 1. Section 12527.6 is added to the Government Code, to read:
### SECTION 1.
12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.
12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.
12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.(d) The Attorney General may promulgate regulations in furtherance of this section.
12527.6. (a) The Attorney General may, in an action brought under unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in addition to the remedies provided for in those statutes, obtain the remedy of disgorgement.
(b) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.
(c) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(d) The Attorney General may promulgate regulations in furtherance of this section.
Prior to any sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper published in the county in which the aircraft is situated, or if there is no newspaper, by posting notice of sale in five of the most public places in the city or place where the aircraft is to be sold for 10 days previous to the date of the sale. Prior to the sale of any aircraft to satisfy a lien, 20 days notice by registered mail shall be given to the legal owner as it appears in the registration certificate.