Bill Text: CA AB87 | 2011-2012 | Regular Session | Amended

California Assembly Bill 87 (Prior Session Legislation)

Bill Title: Home furnishings: inspections: compensation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB87 Detail]

Download: California-2011-AB87-Amended.html

BILL NUMBER: AB 87	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Logue

                        JANUARY 6, 2011

   An act to amend Section 19200.5 of, and to add Section 19200.6 to,
the Business and Professions Code, relating to home furnishings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 87, as amended, Logue. Home furnishings: inspections:
compensation.
   Existing law, the Home Furnishings and Thermal Insulation Act,
provides for the licensure and regulation of various manufacturers,
sellers, upholsterers, and sanitizers of home furnishings, such as
furniture and bedding. The act is enforced by the Chief of the Bureau
of Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation. Existing law authorizes the chief or any inspector to
open any article of upholstered furniture or bedding for the purpose
of inspection and to take any part for analysis. Existing law also
authorizes the bureau to condemn, withhold from sale, seize, or
destroy any upholstered furniture or bedding or any filling material
or insulation that is found to be in violation of the act.
   This bill would delete the provisions authorizing the chief or any
inspector to take articles of upholstered furniture or bedding, or
parts thereof, for the purposes of analysis and would instead
authorize the bureau to purchase any article of upholstered furniture
or bedding as may be necessary for analysis, as specified. The bill
would require the bureau to adopt regulations to implement these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) It is the right of every person to own private property.
   (b) The right to private property is fundamental to other civil
rights, and it is the duty of government to observe and protect this
right.
   (c) It is the intent of the Legislature in enacting this measure
to ensure that just compensation is provided to owners of private
property in accordance with  Section 19 of Article I of the
California   the Fifth Amendment to the United States
 Constitution.
  SEC. 2.  Section 19200.5 of the Business and Professions Code is
amended to read:
   19200.5.  The chief or any inspector may open any articles of
upholstered furniture or bedding, including pillows or cushions
belonging to or forming a part thereof, or insulation for the purpose
of inspecting concealed filling material.
  SEC. 3.  Section 19200.6 is added to the Business and Professions
Code, to read:
   19200.6.  (a) For the purposes of carrying out this chapter, the
bureau may purchase any article of upholstered furniture or bedding
as may be necessary for analysis and may require any manufacturer,
distributor, or retailer of that article to sell the article to the
bureau at the manufacturer's, distributor's, or retailer's cost.
   (b) The bureau shall adopt regulations to implement this section.