Bill Text: CA AB1175 | 2015-2016 | Regular Session | Chaptered
Bill Title: Bureau of Electronic and Appliance Repair, Home
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-08-12 - Chaptered by Secretary of State - Chapter 187, Statutes of 2015. [AB1175 Detail]
Download: California-2015-AB1175-Chaptered.html
BILL NUMBER: AB 1175 CHAPTERED
BILL TEXT
CHAPTER 187
FILED WITH SECRETARY OF STATE AUGUST 12, 2015
APPROVED BY GOVERNOR AUGUST 12, 2015
PASSED THE SENATE JULY 9, 2015
PASSED THE ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 27, 2015
An act to amend Sections 9873 and 19170 of the Business and
Professions Code, relating to consumer affairs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1175, Ridley-Thomas. Bureau of Electronic and Appliance Repair,
Home Furnishings, and Thermal Insulation.
Existing law, the Electronic Appliance Repair Dealer Registration
Law and the Home Furnishings and Thermal Insulation Act, provides for
the licensure and regulation of, among others, electronic appliance
and repair dealers, upholstered furniture and bedding retailers, and
upholstered furniture and bedding wholesalers by the Bureau of
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation and makes a failure to comply with its provisions a crime.
Existing law establishes the bureau under the supervision and
control of the Director of Consumer Affairs. Existing law requires
the director to administer and enforce those provisions relating to
the licensure and regulation of electronic and appliance repair
service dealers and persons engaged in various businesses associated
with home furnishings. Existing law also requires the director to set
certain fees by regulation.
Existing law establishes the maximum amount for the initial
registration fee for each place of business in the state of an
electronic repair industry service dealer, an appliance repair
industry service dealer, a service contractor, a person who is
engaged in business as both an electronic repair industry service
dealer and appliance repair industry service dealer, a service
contractor who is engaged in business as either an electronic repair
industry service dealer or an appliance industry service dealer, and
a service contractor who engages in both the electronic repair
industry and the appliance repair industry as a service dealer.
Existing law requires a service dealer or service contractor who does
not operate a place of business in the state, but engages in at
least some of these activities in the state to pay these fees as if
he or she had a place of business in the state.
This bill would increase the maximum amounts of the initial
registration fees for each of the above described persons, as
specified, but would prohibit the director from adopting regulations
to increase these fees before January 1, 2017.
Existing law also establishes, among other things, the maximum
amount for the annual registration renewal fee for each place of
business for an electronic repair industry service dealer, an
appliance repair industry dealer, a service contractor, and a service
dealer who is engaged in business as both an electronic repair
industry service dealer and an appliance repair industry service
dealer.
This bill would increase the maximum amount for each of these
annual registration renewal fees, as specified, but would prohibit
the director from adopting regulations to increase these fees before
January 1, 2017.
Existing law also requires the chief of the bureau, with the
approval of the director, to set, within specified maximum and
minimum amounts, the license issuance and biennial renewal fees for
an importer, furniture and bedding manufacturer, wholesale furniture
and bedding dealer, supply dealer, custom upholsterer, sanitizer,
retail furniture and bedding dealer, retail furniture dealer, and
retail bedding dealer.
This bill would increase the maximum amount for each of these
issuance and biennial renewal fees, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9873 of the Business and Professions Code, as
amended by Section 19 of Chapter 428 of the Statutes of 2014, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) (1) The initial registration fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than two hundred five dollars ($205) for each
place of business in this state. The initial registration fee for a
service contractor is not more than ninety-five dollars ($95) for
each place of business in this state.
(2) The initial registration fee for a person who engages in
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than four
hundred five dollars ($405) for each place of business in this state.
The initial registration fee for a person who is a service
contractor and engages in business as either an electronic repair
industry service dealer or an appliance repair industry service
dealer is not more than three hundred dollars ($300) for each place
of business in this state.
(3) The initial registration fee for a person who engages in both
the electronic repair industry and the appliance repair industry as a
service dealer and is a service contractor is not more than five
hundred dollars ($500) for each place of business in this state.
(4) A service dealer or service contractor who does not operate a
place of business in this state, but engages in the electronic repair
industry, the appliance repair industry, or sells, issues, or
administers service contracts in this state shall pay the
registration fee specified herein as if he or she had a place of
business in this state.
(b) (1) The annual registration renewal fee for an electronic
repair industry service dealer or for an appliance repair industry
service dealer is not more than two hundred five dollars ($205) for
each place of business in this state, if renewed prior to its
expiration date. The annual registration renewal fee for a service
contractor is ninety-five dollars ($95) for each place of business in
this state, if renewed prior to its expiration date.
(2) The annual renewal fee for a service dealer who engages in the
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than four
hundred dollars ($400) for each place of business in this state.
(3) The annual renewal fee for a service dealer who engages in the
electronic repair industry and the appliance repair industry and is
a service contractor is not more than four hundred seventy-five
dollars ($475) for each place of business in this state.
(4) A service dealer or service contractor who does not operate a
place of business in this state, but who engages in the electronic
repair industry, the appliance repair industry, or sells or issues
service contracts in this state shall pay the registration fee
specified herein as if he or she had a place of business in this
state.
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2019, deletes or extends
that date.
(e) Notwithstanding any other law, the director shall not adopt
any regulation to increase any fee provided for in this section
before January 1, 2017.
SEC. 2. Section 9873 of the Business and Professions Code, as
amended by Section 20 of Chapter 428 of the Statutes of 2014, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) The initial registration fee for an electronic repair industry
service dealer or for an appliance repair industry service dealer is
not more than two hundred five dollars ($205) for each place of
business in this state. The initial registration fee for a person who
engages in business as both an electronic repair industry service
dealer and an appliance repair industry service dealer is not more
than four hundred five dollars ($405).
(b) The annual registration renewal fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than two hundred five dollars ($205) for each
place of business in this state, if renewed prior to its expiration
date. The annual renewal fee for a service dealer who engages in the
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than four
hundred dollars ($400).
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
(d) This section shall become operative on January 1, 2019.
SEC. 3. Section 19170 of the Business and Professions Code is
amended to read:
19170. (a) The fee imposed for the issuance and for the biennial
renewal of each license granted under this chapter shall be set by
the chief, with the approval of the director, at a sum not more nor
less than that shown in the following table:
Maximum Minimum
fee fee
Importer's license ............ $940 $120
Furniture and bedding
manufacturer's
license ....................... 940 120
Wholesale furniture and bedding
dealer's license .............. 675 120
Supply dealer's license ....... 675 120
Custom upholsterer's license .. 450 80
Sanitizer's license ........... 450 80
Retail furniture and bedding
dealer's license .............. 300 40
Retail furniture dealer's
license ....................... 150 20
Retail bedding dealer's
license ....................... 150 20
(b) Individuals who, in their own homes and without the employment
of any other person, make, sell, advertise, or contract to make
pillows, quilts, quilted pads, or comforters are exempt from the fee
requirements imposed by subdivision (a). However, these individuals
shall comply with all other provisions of this chapter.
(c) Retailers who only sell "used" and "antique" furniture as
defined in Sections 19008.1 and 19008.2 are exempt from the fee
requirements imposed by subdivision (a). Those retailers are also
exempt from the other provisions of this chapter.
(d) A person who makes, sells, or advertises upholstered furniture
and bedding as defined in Sections 19006 and 19007, and who also
makes, sells, or advertises furniture used exclusively for the
purpose of physical fitness and exercise, shall comply with the fee
requirements imposed by subdivision (a).
(e) A person who has paid the required fee and who is licensed
either as an upholstered furniture and bedding manufacturer or a
custom upholsterer under this chapter shall not be required to
additionally pay the fee for a sanitizer's license.
