CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 763Introduced by Senator HurtadoFebruary 21, 2025 An act to amend Section 16755 of, and to add Sections 16755.1 and 16762 to, the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 763, as introduced, Hurtado. Conspiracy against trade: punishment.Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment.This bill would increase the fine described above with respect to corporate violators to $100,000,000. The bill would also increase change the term of imprisonment in a state prison or county jail described above to not more than 2, 3, or 5 years and would increase the fine described above with respect to an individual violator to $1,000,000. By increasing the maximum term an individual violator could serve in a county prison, this bill would impose a state-mandated local program. The bill would also impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16755 of the Business and Professions Code is amended to read:16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.SEC. 2. Section 16755.1 is added to the Business and Professions Code, to read:16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.SEC. 3. Section 16762 is added to the Business and Professions Code, to read:16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 763Introduced by Senator HurtadoFebruary 21, 2025 An act to amend Section 16755 of, and to add Sections 16755.1 and 16762 to, the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 763, as introduced, Hurtado. Conspiracy against trade: punishment.Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment.This bill would increase the fine described above with respect to corporate violators to $100,000,000. The bill would also increase change the term of imprisonment in a state prison or county jail described above to not more than 2, 3, or 5 years and would increase the fine described above with respect to an individual violator to $1,000,000. By increasing the maximum term an individual violator could serve in a county prison, this bill would impose a state-mandated local program. The bill would also impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 763
Introduced by Senator HurtadoFebruary 21, 2025
Introduced by Senator Hurtado
February 21, 2025
An act to amend Section 16755 of, and to add Sections 16755.1 and 16762 to, the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 763, as introduced, Hurtado. Conspiracy against trade: punishment.
Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment.This bill would increase the fine described above with respect to corporate violators to $100,000,000. The bill would also increase change the term of imprisonment in a state prison or county jail described above to not more than 2, 3, or 5 years and would increase the fine described above with respect to an individual violator to $1,000,000. By increasing the maximum term an individual violator could serve in a county prison, this bill would impose a state-mandated local program. The bill would also impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment.
This bill would increase the fine described above with respect to corporate violators to $100,000,000. The bill would also increase change the term of imprisonment in a state prison or county jail described above to not more than 2, 3, or 5 years and would increase the fine described above with respect to an individual violator to $1,000,000. By increasing the maximum term an individual violator could serve in a county prison, this bill would impose a state-mandated local program. The bill would also impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 16755 of the Business and Professions Code is amended to read:16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.SEC. 2. Section 16755.1 is added to the Business and Professions Code, to read:16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.SEC. 3. Section 16762 is added to the Business and Professions Code, to read:16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 16755 of the Business and Professions Code is amended to read:16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.
SECTION 1. Section 16755 of the Business and Professions Code is amended to read:
### SECTION 1.
16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.
16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.
16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.
16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out such purposes, or orders thereunder or in pursuance thereof, is punishable, as follows:
(1) If the violator is a corporation, by a fine of not more than one hundred million dollars ($1,000,000) ($100,000,000) or the applicable amount under paragraph (3), whichever is greater.
(2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three two, three, or five years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of two hundred fifty thousand one million dollars ($250,000), ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment.
(3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable.
(b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 197778 Regular Session of the Legislature shall be revived by such amendment.
(c) Subject to Section 13521 of the Penal Code, all moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, such amounts shall be paid to the State Treasurer and to the treasurer(s) of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting such case and as approved by the court.
SEC. 2. Section 16755.1 is added to the Business and Professions Code, to read:16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.
SEC. 2. Section 16755.1 is added to the Business and Professions Code, to read:
### SEC. 2.
16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.
16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.
16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct.(2) The number of violations committed by defendant.(3) The persistence of the defendants misconduct.(4) The length of time over which the defendants misconduct occurred.(5) The willfulness of the defendants misconduct.(6) The defendants assets, liabilities, and net worth.(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.
16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.
(b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1) The nature and seriousness of the misconduct.
(2) The number of violations committed by defendant.
(3) The persistence of the defendants misconduct.
(4) The length of time over which the defendants misconduct occurred.
(5) The willfulness of the defendants misconduct.
(6) The defendants assets, liabilities, and net worth.
(7) The extent to which the defendant cooperated in the Attorney Generals or district attorneys investigation and litigation.
(c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that persons attorneys designated by it for that purpose, against any party that violates this chapter.
(d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) Section 16755.
SEC. 3. Section 16762 is added to the Business and Professions Code, to read:16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.
SEC. 3. Section 16762 is added to the Business and Professions Code, to read:
### SEC. 3.
16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.
16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.
16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.
16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 4.