reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.3 - Online Child Care Job Posting Services › Section 18890.4.

18890.4. (a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.3 - Online Child Care Job Posting Services › Section 18890.6.

18890.6. (a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages.
(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.
(Added by Stats. 2016, Ch. 497, Sec. 1. (AB 2036) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1 - General Provisions › Section 18895.

18895. This chapter shall be known and may be cited as the Miller-Ayala Athlete Agents Act.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1.5 - Public Disclosure › Section 18896.2.

18896.2. (a) Within seven days of the time any information in the filing required by Section 18896 changes, the athlete agent shall file revised information in the form that the Secretary of State shall prescribe.
(b) No revision of a fee schedule filed pursuant to subdivision (n) of Section 18896 shall be effective until it is filed pursuant to this section.
(Added by Stats. 1997, Ch. 809, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1.5 - Public Disclosure › Section 18896.3.

18896.3. The forms prescribed by the Secretary of State pursuant to Sections 18896 and 18896.2 shall include the following statement:
“Filing of false, misleading, or incomplete statements on this form may subject you to criminal and civil penalties under the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code.”
(Added by Stats. 1997, Ch. 809, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1.5 - Public Disclosure › Section 18896.4.

18896.4. Sections 18896 and 18896.2 do not require the disclosure of information related solely and exclusively to other businesses of the athlete agent.
(Added by Stats. 1997, Ch. 809, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1.5 - Public Disclosure › Section 18896.6.

18896.6. Upon making first contact, direct or indirect, with a professional athlete, a student athlete, a student athlete’s spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child, or first cousin, any of the preceding persons for whom a relationship has been established by marriage, or any person residing in the same place as a student athlete, or a representative of any of these persons, an athlete agent, or his or her employee or representative, shall provide that person with a written notification stating: “This athlete agent has current public-disclosure information on file with the California Secretary of State as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code, which also includes other protections for athletes. Filing of the required information does not imply approval by the California Secretary of State of the competence of the athlete agent.” The notification shall also include specific instructions on how to obtain the public disclosure information from the Secretary of State.
(Added by Stats. 1997, Ch. 809, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 1.5 - Public Disclosure › Section 18896.8.

18896.8. (a) An athlete agent shall pay filing fees in an amount established pursuant to subdivision (b) of Section 12195 of the Government Code upon making the filings required by Sections 18896 and 18896.2.
(b) All fees collected by the Secretary of State under this chapter shall be paid into the State Treasury and credited to the Business Fees Fund of the Secretary of State.
(Amended by Stats. 1999, Ch. 1000, Sec. 8.5. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.

18897. Every agent contract shall be in writing and shall include a description of the types of services to be performed and a schedule of the fees to be charged under the contract.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.1.

18897.1. The following shall be printed on the first page of every agent contract in boldface type at least two points larger than any other type on the page: “This athlete agent has current public disclosure information on file with the California Secretary of State as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code, which also includes other protections for athletes. Filing of the required information does not imply approval by the California Secretary of State of the terms and conditions of this agent contract or the competence of the athlete agent.”
(Added by Stats. 1997, Ch. 809, Sec. 3. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.2.

18897.2. A trust fund shall be established when an athlete agent is the recipient of the athlete’s salary. An athlete agent who receives any payment on behalf of the athlete shall immediately deposit the payment in a trust fund account maintained by the athlete agent in a state or federally chartered financial institution.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.23.

18897.23. (a) Every athlete agent shall maintain records which include the following information:
(1) The name and address of each person employing the athlete agent.
(2) The amount of fee received from that person.
(b) No athlete agent or athlete agent’s representative or employee shall make any false entry in the records. All records required by this section shall be kept for at least seven years.
(c) This section does not apply to any business of the athlete agent other than the athlete agent business.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.27.

18897.27. No athlete agent shall have an ownership or financial interest in any entity that directly employs athletes in the same sport as a person with whom the athlete agent has entered into an agent contract, or for whom the athlete agent is attempting to negotiate an endorsement contract, financial services contract, or professional sports service contract, or for whom the athlete agent provides advice concerning potential or actual employment as a professional athlete.
(Amended (as added by Stats. 1996, Ch. 858, Sec. 2) by Stats. 2011, Ch. 63, Sec. 2. (SB 101) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.3.

18897.3. If an athlete agent or athlete agent’s representative or employee provides financial services to a professional athlete or student athlete or advises the athlete concerning investment of funds, the athlete agent shall disclose to the athlete any ownership interest the athlete agent, representative or employee has in any entity regarding which the athlete agent, representative or employee is providing financial services or giving advice, and any commission the athlete agent, representative or employee will receive from the athlete’s investment.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.33.

18897.33. No athlete agent shall knowingly enter into a contract containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of the law.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.37.

18897.37. No athlete agent or athlete agent’s representative or employee shall publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. No athlete agent or athlete agent’s representative or employee shall give any false information or make any false promises or representations concerning any employment to any person.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.4.

18897.4. All forms of advertising used by an athlete agent shall include the name and business address of the athlete agent.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.43.

18897.43. No athlete agent shall knowingly secure employment for persons in any place where a strike, lockout, or other labor trouble exists, without notifying the person of those conditions.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.47.

18897.47. No athlete agent shall divide fees with or receive compensation from a professional sports league, team, or other organization or its representatives or employees, if the fees or compensation are directly related to on-field activities of athletes or other representation of the league, team, or organization as it directly relates to the employment of athletes. In addition, no athlete agent shall offer or allow any full-time employee of a union or players’ association connected with professional sports to own or participate in any of the revenues of the athlete agent.
(Amended by Stats. 2011, Ch. 63, Sec. 3. (SB 101) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 2 - Professional Athletes and Athlete Agents › Section 18897.5.

18897.5. No athlete agent shall negotiate or enter into any postdated agent contract, endorsement contract or professional sports services contract or any agent contract, endorsement contract or professional sports services contract that purports to or takes effect at a future time.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.6.

18897.6. No athlete agent or athlete agent’s representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to a student athlete, unless it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association.
(Amended by Stats. 2019, Ch. 222, Sec. 3. (AB 1518) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.63.

18897.63. (a) Except as otherwise provided in this section, no athlete agent or athlete agent’s representative or employee may make or continue any contact, whether in person, in writing, electronically, or in any other manner, with any student athlete, or any student athlete’s spouse, parent, foster parent, guardian, grandparent, child, sibling, aunt, uncle, or first cousin, or any of the preceding persons for whom the relationship has been established by marriage, or any person who resides in the same place as the student athlete, or any representative of any of these persons.
(b) An athlete agent or athlete agent’s representative or employee may send a student athlete, or any of the other persons described in subdivision (a), written materials, provided that the athlete agent previously has sent, or simultaneously sends, an identical copy of the materials to the principal, president, or other chief administrator of the elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled.
(c) If a student athlete, or any of the other persons described in subdivision (a), initiates contact with an athlete agent or athlete agent’s representative or employee, the athlete agent, representative or employee may continue the contact and make new contacts with that person. No later than the first regular business day after that person first initiates contact, the athlete agent shall notify in writing the principal, president, or other chief administrator of the elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled, of that contact. The notification shall describe the nature of the contact.
(d) Any written material described in subdivision (b) and any notification required by subdivision (c), shall include the notification required by Section 18896.6.
(e) This section does not apply to any contact between an athlete agent or athlete agent’s representative or employee and a student athlete or any of the other persons described in subdivision (a), if and solely to the extent that the contact is initiated by an elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled.
(Amended by Stats. 1997, Ch. 809, Sec. 4. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.67.

18897.67. No athlete agent or athlete agent’s representative or employee shall offer or provide money or anything of benefit or value, including, but not limited to, free or reduced price legal services, to any elementary or secondary school, college, university, or other educational institution, or any representative or employee of any such educational institution in return for the referral of any clients or initiation of any contact described in subdivision (d) of Section 18897.63.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.7.

18897.7. An athlete agent and a student athlete who enter into an agent contract, endorsement contract or professional sports services contract shall provide written notice of the contract to the principal, president, or other chief administrator of the elementary or secondary school, college, university or other educational institution to which the student athlete has been admitted or is enrolled. The athlete agent shall provide the notice in writing within 48 hours of entering into the contract. The student athlete shall provide the notice before the student athlete practices for or participates in any interscholastic or intercollegiate sports event or within 72 hours after entering into the contract, whichever occurs first.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.73.

18897.73. (a) Every agent contract, endorsement contract, or professional sports services contract entered into by a student athlete shall contain, in close proximity to the signature of the student athlete, a notice in at least 10-point boldface type stating:
“WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS CONTRACT, YOU LIKELY WILL IMMEDIATELY AND PERMANENTLY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERSCHOLASTIC OR INTERCOLLEGIATE SPORTS. YOU MUST GIVE THE PRINCIPAL, PRESIDENT, OR OTHER CHIEF ADMINISTRATOR OF YOUR EDUCATIONAL INSTITUTION WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT WITHIN 72 HOURS, OR BEFORE YOU PRACTICE FOR OR PARTICIPATE IN ANY INTERSCHOLASTIC OR INTERCOLLEGIATE SPORTS EVENT, WHICHEVER OCCURS FIRST. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT, OR OTHER PARTY TO THIS CONTRACT, IN WRITING OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE FEDERATION OR ASSOCIATION TO WHICH YOUR EDUCATIONAL INSTITUTION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY.”
(b) This section shall not apply to a contract described in subdivision (a) that meets all of the following requirements:
(1) The contract is authorized by, and is in compliance with, an official written policy of an elementary or secondary school, college, university, or other educational institution of the student athlete.
(2) The terms of the contract comply with the bylaws of the National Collegiate Athletic Association.
(3) The contract terminates if the student chooses to not seek employment with a professional sports team or organization as a professional athlete and instead returns to school.
(c) This section does not preclude an educational institution from adopting and enforcing stricter policies, rules, or regulations addressing athlete agent solicitations or athlete agent interactions with student athletes attending their institution.
(Amended by Stats. 2019, Ch. 222, Sec. 4. (AB 1518) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.74.

18897.74. (a) An athlete agent who provides money or any other thing of value to a student athlete as authorized by this article shall file an itemized report of those payments with the athletic director, or their designee, of the student athlete’s educational institution or the educational institution where the student athlete intends to enroll. The report shall be submitted by the fifth day of the month following the month the athlete agent provided the payments. The reporting of payments shall be in the format required by the educational institution.
(b) This section does not preclude an educational institution from adopting and enforcing stricter policies, rules, or regulations addressing athlete agent solicitations or athlete agent interactions with student athletes attending their institution.
(Added by Stats. 2019, Ch. 222, Sec. 5. (AB 1518) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 3 - Student Athletes and Educational Institutions › Section 18897.77.

18897.77. Within 15 days after the date a student athlete enters into an agent contract, endorsement contract or professional sports services contract, the student athlete may rescind the contract by giving written notice to the athlete agent, or other party to the contract, of the student athlete’s desire to cancel the contract. The student athlete may not under any circumstances waive the right under this section to rescind the contract.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.8.

18897.8. (a) Any professional athlete, or any student athlete, or any elementary or secondary school, college, university, or other educational institution, or any league, conference, association, or federation of the preceding educational institutions, or any other person may bring a civil action for recovery of damages from an athlete agent, if that professional athlete, that student athlete, that institution, any member of that league, conference, association, or federation, or that other person is adversely affected by the acts of the athlete agent or of the athlete agent’s representative or employee in violation of this chapter. A student athlete is presumed to be adversely affected by the acts of an athlete agent, representative or employee in violation of this chapter if, because of those acts, the student athlete is suspended or disqualified from participation in one or more interscholastic or intercollegiate sports events by or pursuant to the rules of a state or national federation or association for the promotion and regulation of interscholastic or intercollegiate sports, or suffers financial damage, or suffers both suspension or disqualification and financial damage. An educational institution is presumed to be adversely affected by the acts of an athlete agent or of an athlete agent’s representative or employee in violation of this chapter if, because of those acts, the educational institution, or one or more student athletes admitted to or enrolled in the educational institution, is suspended or disqualified from participation in one or more interscholastic or intercollegiate athletic events by or pursuant to the rules of a state or national federation or association for the promotion and regulation of interscholastic or intercollegiate sports, or suffers financial damage, or suffers both suspension or disqualification and financial damage.
(b) A plaintiff that prevails in a civil action brought under this section may recover actual damages, or fifty thousand dollars ($50,000), whichever is higher; punitive damages; court costs; and reasonable attorney’s fees. An athlete agent found liable under this section also shall forfeit any right of repayment for anything of benefit or value provided to a student athlete, and shall refund any consideration paid to that athlete agent by or on behalf of the student athlete.
(c) It is the intent of the Legislature in enacting this section to encourage enforcement of this chapter through private civil actions.
(Added by Stats. 1996, Ch. 858, Sec. 3. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.83.

18897.83. Every athlete agent shall maintain an agent for service of process in California.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.87.

18897.87. Every athlete agent shall provide security for claims against the athlete agent or the athlete agent’s representatives or employees based upon acts, errors, or omissions arising out of the business of the athlete agent through either one or an aggregate of both of the following:
(a) A policy or policies of insurance against liability imposed on or against the agent by law for damages arising out of claims in an amount for each claim of at least one hundred thousand dollars ($100,000).
(b) In trust or bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bonds of insurance companies as security for payment of liabilities imposed by law for damages arising out of all claims in an amount of at least one hundred thousand dollars ($100,000).
(Amended by Stats. 1997, Ch. 809, Sec. 5. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.9.

18897.9. Any agent contract that is negotiated by an athlete agent who fails to comply with this chapter, or, prior to July 1, 1997, Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as amended and repealed by the bill that enacted this section at the 1995–96 Regular Session of the Legislature, is void and unenforceable.
(Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997. See prevailing Section 18897.9 added by Stats. 1996, Ch. 858.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.9.

18897.9. (a) Any agent contract that is negotiated by an athlete agent who fails to comply with this chapter, or has failed to comply with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed by Assembly Bill 1987 of the 1995–96 Regular Session, is void and unenforceable.
(b) No person shall owe an athlete agent any money or other consideration pursuant to an endorsement contract, financial services contract, or professional sports services contract negotiated by the athlete agent if the athlete agent fails to comply with this chapter, or has failed to comply with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed by Assembly Bill 1987 of the 1995–96 Regular Session. The athlete agent shall refund any money or other consideration paid pursuant to that contract.
(Added by Stats. 1996, Ch. 858, Sec. 4. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.93.

18897.93. (a) An athlete agent or athlete agent’s representative or employee who violates any provision of this chapter is guilty of a misdemeanor, and shall be punished by a fine of not more than fifty thousand dollars ($50,000), or imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(b) The court shall suspend for a period of not less than one year or, where appropriate, revoke the privilege of any person convicted of a violation of this chapter to conduct the business of an athlete agent. In deciding whether to suspend or revoke the privilege to conduct the business of an athlete agent, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, and the willfulness of the defendant’s misconduct.
(c) (1) Upon conviction of any provision of Article 3 (commencing with Section 18897.6), the court shall, in addition to any punishment imposed under subdivision (a), order an athlete agent or athlete agent’s representative or employee to disgorge all consideration received in connection with the violation.
(2) (A) If an action under this section is brought by the Attorney General, the moneys collected shall be paid to the General Fund.
(B) If the action is brought by a district attorney, two-thirds of the moneys collected shall be paid to the treasurer of the county in which the judgment was entered and one-third shall be paid to the General Fund.
(C) If the action is brought by a prosecuting city attorney, two-thirds of the moneys collected shall be paid to the treasurer of the city in which the judgment was entered and one-third shall be paid to the General Fund.
(Amended by Stats. 2011, Ch. 146, Sec. 1. (SB 238) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.5 - Athlete Agents › ARTICLE 4 - Enforcement › Section 18897.97.

18897.97. The Secretary of State may, in accordance with Chapter 3.5 (commencing with Section 11430) of Part 1 of Division 3 of Title 2 of the Government Code, adopt, amend, and repeal rules and regulations reasonably necessary for the purpose of administering this chapter and consistent with this chapter.
(Added by Stats. 1997, Ch. 809, Sec. 6. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.7 - Community Youth Athletic Programs › Section 18900.

18900. (a) (1) Commencing January 1, 2016, a community youth athletic program shall provide written notice to the parent or guardian of any youth participating in the program regarding the program’s policies relating to whether the program obtains criminal background checks for hired or volunteer coaches or both.
(2) If criminal background checks are obtained for hired or volunteer coaches, the written notice shall also contain both of the following:
(A) A statement regarding whether the criminal background check includes state and federal criminal history information and whether the program obtains subsequent arrest notification for those individuals.
(B) Contact information regarding where the parent or guardian of a child participating in a community youth athletic program can obtain additional information about the program’s background check policy, such as the entity providing the criminal background check obtained by the community youth athletic program or the nature of the type of offenses the program looks for.
(b) As used in this section, a “community youth athletic program” means an organization that meets both of the following requirements:
(1) Its primary purpose is the promotion or provision of athletic activities for youth under 18 years of age.
(2) It has adult employees who have supervisory or disciplinary power over a child or children.
(c) As used in this section, “written notice” may include posting on the community youth athletic program’s Internet Web site.
(d) Nothing in subdivision (a) shall require or authorize a community youth athletic program to disclose confidential criminal history information in violation of Article 3 (commencing with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.
(Added by Stats. 2014, Ch. 151, Sec. 1. (AB 230) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.8 - Businesses Providing Services to Minors › Section 18950.

18950. (a) (1) A business that provides services to minors shall provide written notice to the parent or guardian of any minor receiving those services regarding the business’s policies relating to obtaining criminal background checks for its employees.
(2) If criminal background checks are obtained for employees, the written notice described in paragraph (1) shall also contain a statement regarding whether the criminal background check includes state and federal criminal history information and the nature of the types of offenses the business looks to identify.
(b) (1) As used in this section, a “business that provides services to minors” means a business that meets both of the following requirements:
(A) Its primary purpose is the providing of an extracurricular service or program of instruction, including, but not limited to, academic tutors and instructors, for youth under 18 years of age.
(B) It has adult employees who have supervisory or disciplinary power over a child or children.
(2) A “business that provides services to minors” shall not include a licensed child day care facility as defined in Section 1596.750 of the Health and Safety Code or a day care center as defined in Section 1596.76 of the Health and Safety Code, or any medical treatment facility or hospital.
(c) As used in this section, “written notice” may include a posting on the business’s Internet Web site.
(d) Nothing in subdivision (a) shall require or authorize a business subject to these provisions to disclose confidential criminal history information in violation of Article 3 (commencing with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.
(e) Compliance with this section shall not be deemed a violation of Section 432.7 of the Labor Code.
(Added by Stats. 2014, Ch. 159, Sec. 1. (AB 1852) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 2.9 - Youth Service Organizations › Section 18975.

18975. (a) An administrator, employee, or regular volunteer of a youth service organization shall complete training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirements may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.
(b) (1) An administrator, employee, or regular volunteer of a youth service organization shall undergo a background check pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse.
(2) Until January 1, 2024, paragraph (1) shall not apply to a youth service organization that, prior to January 1, 2022, did not require administrators, employees, or regular volunteers to undergo background checks pursuant to Section 11105.3 of the Penal Code.
(c) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
(1) Policies to ensure reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code.
(2) (A) Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.
(B) This paragraph shall not apply to an organization that provides one-to-one mentoring to youth that has adopted and implemented the policies described in paragraph (1) and has adopted and implemented policies to ensure comprehensive screening of volunteers, training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians.
(d) Before writing liability insurance for a youth service organization in this state, an insurer may request information demonstrating compliance with this section from the youth service organization as a part of the insurer’s loss control program.
(e) For purposes of this section:
(1) “Regular volunteer” means a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.
(2) “Youth service organization” means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code.
(Amended by Stats. 2023, Ch. 131, Sec. 8. (AB 1754) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19000.

19000. This chapter may be cited as the Home Furnishings and Thermal Insulation Act.
(Amended by Stats. 1987, Ch. 925, Sec. 3. Effective September 22, 1987.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19002.

19002. “Person” includes any individual, partnership, association, firm, auctioneer, trust, limited liability company, and corporation, and the agents, servants, and employees of any of them.
(Amended by Stats. 2023, Ch. 508, Sec. 32. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19003.

19003. “Sell,” or any of its variants, includes any of, or any combination of, the following: Sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner.
(Added by Stats. 1941, Ch. 46.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19004.

19004. (a) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.
(b) “Chief” refers to the chief of the bureau.
(c) “Inspector” refers to an inspector or investigator either employed by, or under contract to, the bureau.
(d) “Director” refers to the Director of Consumer Affairs.
(e) “Department” refers to the Department of Consumer Affairs.
(Amended by Stats. 2021, Ch. 188, Sec. 16. (SB 826) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19004.1.

19004.1. Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Amended by Stats. 2018, Ch. 578, Sec. 28. (SB 1483) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19006.

19006. “Upholstered furniture” means any furniture, including children’s furniture, movable or stationary, which is made or sold with cushions or pillows, loose or attached, or is itself stuffed or filled in whole or in part with any material, is or can be stuffed or filled in whole or in part with any substance or material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming a part thereof, together with the structural units, the filling material and its container and its covering which can be used as a support for the body of a human being, or his or her limbs and feet when sitting or resting in an upright or reclining position. This does not include furniture used exclusively for the purpose of physical fitness and exercise.
(Amended by Stats. 1996, Ch. 1137, Sec. 28. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19006.1.

19006.1. “Seating furniture,” including children’s furniture, movable or stationary, means any furniture, which is made or sold with or without filling material, together with the structural units, which may be used as a support for the body, limbs, or feet when sitting or resting in an upright or reclining position.
(Added by Stats. 1993, Ch. 1264, Sec. 76. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19007.

19007. “Bedding” means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, quilt, sleeping bag, box spring, studio couch, pillow or cushion made of leather, cloth or any other material, which is or can be stuffed or filled in whole or in part with any concealed substance or material, which can be used by any human being for sleeping or reclining purposes.
(Amended by Stats. 1971, Ch. 881.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19007.5.

19007.5. “Filling material” means cotton, wool, kapok, feathers, downs, hair, liquid, or any other material, substance, or any combination thereof, loose or in batting, pads, or any other prefabricated form, concealed or not concealed to be used or that could be used in articles of bedding or upholstered furniture.
(Amended by Stats. 1971, Ch. 881.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19008.

19008. “Secondhand” means any materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and shall include “sweepings” which are wastes recovered from gins, furniture and bedding factories, textile plants, or establishments using fibers or other materials. Manufacturing processes shall not be considered previous use, and new materials that are free from dirt or other contamination shall not be classified as sweepings.
(Amended by Stats. 1997, Ch. 401, Sec. 57. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19008.1.

19008.1. “Used” means furniture or bedding that has been previously owned or used by another individual.
(Amended by Stats. 2007, Ch. 354, Sec. 66. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19008.2.

19008.2. “Antique” means furniture having special value because of its age, especially a work of art or handicraft that is over 100 years old.
(Added by Stats. 1996, Ch. 1137, Sec. 30. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19008.5.

19008.5. Any article of upholstered furniture or bedding is secondhand if it contains any secondhand material in whole or in part.
(Added by Stats. 1949, Ch. 787.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19008.6.

19008.6. Any article of upholstered furniture or bedding on sales floors in a private residence or room, which is not separated from living quarters, is secondhand.
(Added by Stats. 1949, Ch. 787.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19009.

19009. “Retailer” means a person who sells any article of upholstered furniture or bedding or filling materials to a consumer or user of the article as purchased.
(Repealed and added by Stats. 1949, Ch. 787.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19010.

19010. “Bedding renovator” means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews bedding.
(Amended by Stats. 1997, Ch. 401, Sec. 58. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19010.1.

19010.1. “Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews upholstered furniture, or who makes to order and specification of the user any article of upholstered furniture, using either new materials or owner’s materials.
(Amended by Stats. 2002, Ch. 405, Sec. 36. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 1 - General Provisions › Section 19010.5.

19010.5. “Wholesaler” means a person who, on his or her own account, sells any article of upholstered furniture or bedding or filling materials to another for the purpose of resale, but shall not include an affiliate or a subsidiary where the ownership and name are identical, and that is the exclusive sales outlet of a manufacturer.
(Amended by Stats. 2002, Ch. 405, Sec. 37. Effective January 1, 2003.)