Bill Text: CA AB870 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prisoners: mental health treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-05-21 - Ordered to inactive file at the request of Senator Allen. [AB870 Detail]

Download: California-2017-AB870-Amended.html

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Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 870

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Introduced by Assembly Member Levine

February 16, 2017

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An act to amend Section 21671 of the Business and Professions Code, relating to business. repeal Section 49 of Senate Bill 1 of the 2017–18 Regular Session, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

AB 870, as amended, Levine. Sports trading cards: altered or refurbished: certificate. Transportation programs: guidelines.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 2017–18 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.

This bill would repeal the general exemption.

Existing law requires that a sports trading card that is altered or refurbished be accompanied by a certificate stating, among other things, the exact work done and the name of the person who performed the work.

This bill would require that the certificate also contain the email address and the Internet Web site URL for the person who performed the alteration or refurbishing.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 49 of Senate Bill 1 of 2017–18 Regular Session is repealed.

Sec. 49.

Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SECTION 1.Section 21671 of the Business and Professions Code is amended to read:

21671.

(a)Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, email address, Internet Web site URL, and mailing address of the person who performed the work.

(b)Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both:

(1)Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both.

(2)Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation.