BILL NUMBER: AB 87	AMENDED
	BILL TEXT

	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  state the intent of the Legislature to
enact legislation that would amend the act to require that
compensation be provided to property owners during the course of
enforcement   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:  no
  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
Constitution. 
  SEC. 2.    It is the intent of the Legislature to
enact legislation that would amend the Home Furnishings and Thermal
Insulation Act (Chapter 3 (commencing with Section 19000) of Division
8 of the Business and Professions Code) to require that compensation
be provided to property owners during the course of enforcement.

   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  and may take
either the entire article, or samples of filling material or
insulation in such quantities as may be necessary for analysis
 .
   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.