Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1175


Introduced by Assembly Member Ridley-Thomas

February 27, 2015


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 9873begin insert and 19170end insert of the Business and Professions Code, relating to consumer affairs.

LEGISLATIVE COUNSEL’S DIGEST

AB 1175, as amended, Ridley-Thomas. Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.

Existing law, the Electronic Appliance Repair Dealer Registrationbegin delete Law,end deletebegin insert Law and the Home Furnishings and Thermal Insulation Act,end insert provides for the licensure and regulationbegin delete ofend deletebegin insert of, among others,end insert electronic appliance and repairbegin delete dealersend deletebegin insert dealers, upholstered furniture and bedding retailers, and upholstered furniture and bedding wholesalersend insert 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.begin insert Existing law also requires the director to set certain fees by regulation.end insert

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, asbegin delete specified.end deletebegin insert specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017.end insert

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, asbegin delete specified.end deletebegin insert specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017.end insert

begin insertExisting 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.end insert

begin insert

This bill would increase the maximum amount for each of these issuance and biennial renewal fees, as specified.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 9873 of the Business and Professions
2Code
, as amended by Section 19 of Chapter 428 of the Statutes of
32014, is amended to read:

P3    1

9873.  

The fees prescribed by this chapter shall be set by the
2director by regulation, according to the following schedule:

3(a) (1) The initial registration fee for an electronic repair
4industry service dealer or for an appliance repair industry service
5dealer is not more than two hundred five dollars ($205) for each
6place of business in this state. The initial registration fee for a
7service contractor is not more than ninety-five dollars ($95) for
8each place of business in this state.

9(2) The initial registration fee for a person who engages in
10business as both an electronic repair industry service dealer and
11an appliance repair industry service dealer is not more than four
12hundred five dollars ($405) for each place of business in this state.
13The initial registration fee for a person who is a service contractor
14and engages in business as either an electronic repair industry
15service dealer or an appliance repair industry service dealer is not
16more than three hundred dollars ($300) for each place of business
17in this state.

18(3) The initial registration fee for a person who engages in both
19the electronic repair industry and the appliance repair industry as
20a service dealer and is a service contractor is not more than five
21hundred dollars ($500) for each place of business in this state.

22(4) A service dealer or service contractor who does not operate
23a place of business in this state, but engages in the electronic repair
24industry, the appliance repair industry, or sells, issues, or
25administers service contracts in this state shall pay the registration
26fee specified herein as if he or she had a place of business in this
27state.

28(b) (1) The annual registration renewal fee for an electronic
29repair industry service dealer or for an appliance repair industry
30service dealer is not more than two hundredbegin insert fiveend insert dollarsbegin delete ($200)end delete
31begin insert ($205)end insert for each place of business in this state, if renewed prior to
32its expiration date. The annual registration renewal fee for a service
33contractor is ninety-five dollars ($95) for each place of business
34in this state, if renewed prior to its expiration date.

35(2) The annual renewal fee for a service dealer who engages in
36the business as both an electronic repair industry service dealer
37and an appliance repair industry service dealer is not more than
38four hundred dollars ($400) for each place of business in this state.

39(3) The annual renewal fee for a service dealer who engages in
40the electronic repair industry and the appliance repair industry and
P4    1is a service contractor is not more than four hundred seventy-five
2dollars ($475) for each place of business in this state.

3(4) A service dealer or service contractor who does not operate
4a place of business in this state, but who engages in the electronic
5repair industry, the appliance repair industry, or sells or issues
6service contracts in this state shall pay the registration fee specified
7herein as if he or she had a place of business in this state.

8(c) The delinquency fee is an amount equal to 50 percent of the
9renewal fee for a license in effect on the date of renewal of the
10license, except as otherwise provided in Section 163.5.

11(d) This section shall remain in effect only until January 1, 2019,
12and as of that date is repealed, unless a later enacted statute, which
13is enacted before January 1, 2019, deletes or extends that date.

begin insert

14(e) Notwithstanding any other law, the director shall not adopt
15any regulation to increase any fee provided for in this section
16before January 1, 2017.

end insert
17

SEC. 2.  

Section 9873 of the Business and Professions Code,
18as amended by Section 20 of Chapter 428 of the Statutes of 2014,
19is amended to read:

20

9873.  

The fees prescribed by this chapter shall be set by the
21director by regulation, according to the following schedule:

22(a) The initial registration fee for an electronic repair industry
23service dealer or for an appliance repair industry service dealer is
24not more than two hundred five dollars ($205) for each place of
25business in this state. The initial registration fee for a person who
26engages in business as both an electronic repair industry service
27dealer and an appliance repair industry service dealer is not more
28than four hundred five dollars ($405).

29(b) The annual registration renewal fee for an electronic repair
30industry service dealer or for an appliance repair industry service
31dealer is not more than two hundredbegin insert fiveend insert dollarsbegin delete ($200)end deletebegin insert ($205)end insert for
32each place of business in this state, if renewed prior to its expiration
33date. The annual renewal fee for a service dealer who engages in
34the business as both an electronic repair industry service dealer
35and an appliance repair industry service dealer is not more than
36four hundred dollars ($400).

37(c) The delinquency fee is an amount equal to 50 percent of the
38renewal fee for a license in effect on the date of renewal of the
39license, except as otherwise provided in Section 163.5.

40(d) This section shall become operative on January 1, 2019.

P5    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 19170 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

19170.  

(a) The fee imposed for the issuance and for the
4biennial renewal of each license granted under this chapter shall
5be set by the chief, with the approval of the director, at a sum not
6more nor less than that shown in the following table:


7

 

 

Maximum
fee

Minimum
fee

Importer’s license    

begin delete

$750

end delete
begin insert

$940

end insert

$120

Furniture and bedding manufacturer’s

license    

begin delete

 750

end delete
begin insert

 940

end insert

 120

Wholesale furniture and bedding

dealer’s license    

begin delete

 540

end delete
begin insert

 675

end insert

 120

Supply dealer’s license    

begin delete

 540

end delete
begin insert

 675

end insert

 120

Custom upholsterer’s license    

begin delete

 360

end delete
begin insert

 450

end insert

  80

Sanitizer’s license    

begin delete

 360

end delete
begin insert

 450

end insert

  80

Retail furniture and bedding dealer’s license    

begin delete

 240

end delete
begin insert

 300

end insert

  40

Retail furniture dealer’s license    

begin delete

 120

end delete
begin insert

 150

end insert

  20

Retail bedding dealer’s license    

begin delete

 120

end delete
begin insert

 150

end insert

  20

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29(b) Individuals who, in their own homes and without the
30employment of any other person, make, sell, advertise, or contract
31to make pillows, quilts, quilted pads, or comforters are exempt
32from the fee requirements imposed by subdivision (a). However,
33these individuals shall comply with all other provisions of this
34chapter.

35(c) Retailers who only sell “used” and “antique” furniture as
36defined in Sections 19008.1 and 19008.2 are exempt from the fee
37requirements imposed by subdivision (a). Those retailers are also
38exempt from the other provisions of this chapter.

39(d) A person who makes, sells, or advertises upholstered
40furniture and bedding as defined in Sections 19006 and 19007,
P6    1and who also makes, sells, or advertises furniture used exclusively
2for the purpose of physical fitness and exercise, shall comply with
3the fee requirements imposed by subdivision (a).

4(e) A person who has paid the required fee and who is licensed
5either as an upholstered furniture and bedding manufacturer or a
6custom upholsterer under this chapter shall not be required to
7additionally pay the fee for a sanitizer’s license.



O

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