BILL NUMBER: SB 661	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Hill

                        FEBRUARY 22, 2013

   An act to amend Section  1747.01   17533.7
 of the  Civil   Business and Professions
 Code, relating to  credit cards  
advertising  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 661, as amended, Hill.  Credit cards.  
False advertising.  
   Existing law makes it unlawful for any person, firm, corporation,
or association to sell, or offer for sale, merchandise that
advertises itself as being made or manufactured in the United States
when any article, unit, or part of the merchandise has been entirely
or substantially made, manufactured, or produced outside of the
United States.  
   This bill would eliminate the requirement that any article, unit,
or part of the merchandise also be substantially manufactured in the
United States in order for the merchandise to advertise that it is
made in the United States. The bill would further provide that any
merchandise has been substantially made, manufactured, or produced
within the United States if specified requirements are met, including
that United States manufacturing costs constitute 75% of the total
manufacturing costs for the merchandise and the merchandise was last
substantially transformed in the United States.  
   The Song-Beverly Credit Card Act of 1971 expresses the intent of
the Legislature that certain provisions of the act that are similar
to specified federal provisions essentially conform and be
interpreted to conform to those federal provisions. 

   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 17533.7 of the  
Business and Professions Code   is amended to read: 
   17533.7.   (a)    It is unlawful for any person,
firm, corporation or association to sell or offer for sale in this
 State   state  any merchandise on which
merchandise or on its container there appears the words "Made in
 U.S.A."   U.S.A.,   "  "Made in
America,"  "U. S.A.,"   "U.S.A.,"  or
similar words when the merchandise  or any article, unit, or
part thereof,  has been entirely or substantially made,
manufactured, or produced outside of the United States. 
   (b) For purposes of this section, any merchandise has been
substantially made, manufactured, or produced within the United
States if it meets all of the following requirements:  
   (1) United States manufacturing costs constitute 75 percent of the
total manufacturing costs for the merchandise.  
   (2) No more than 25 percent of the total manufacturing costs for
the merchandise were either incurred outside of the United States as
a result of the unavailability of raw materials in the United States,
or incurred as the costs of a component, part, article, or unit of
the merchandise imported into the United States as a result of the
unavailability of the same component, part, article, or unit of the
merchandise from a domestic manufacturer.  
   (3) The merchandise was last substantially transformed in the
United States.  
  SECTION 1.    Section 1747.01 of the Civil Code is
amended to read:
   1747.01.  It is the intent of the Legislature that the provisions
of this title as to which there are similar provisions in the federal
Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.),
essentially conform, and be interpreted by anyone construing the
provisions of this title to conform to the Truth in Lending Act and
any rule, regulation, or interpretation promulgated thereunder by the
Board of Governors of the Federal Reserve System, and any
interpretation issued by an official or an employee of the Federal
Reserve System duly authorized to issue such interpretation.