BILL NUMBER: AB 1175 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 27, 2015
An act to amend Section Sections
9873 and 19170 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 Registration
Law, Law and the Home Furnishings and Thermal
Insulation Act, provides for the licensure and regulation
of of, among others, electronic
appliance and repair dealers dealers,
upholstered furniture and bedding retailers, and upholstered
furniture and bedding wholesalers 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. Existing law also requires the director to set
certain fees by regulation.
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, as
specified. specified, but would prohibit the
director from adopting regulations to increase these fees
before January 1, 2017.
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, as specified.
specified, but would prohibit the director from adopting
regulations to increase these fees before January 1, 2017.
Existing law also requires the chief of the b
ureau, 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.
This bill would increase the maximum amount for each of these
issuance and biennial renewal fees, as specified.
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. Section 9873 of the Business and Professions Code, as
amended by Section 19 of Chapter 428 of the Statutes of 2014, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) (1) The initial registration fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than two hundred five dollars ($205) for each
place of business in this state. The initial registration fee for a
service contractor is not more than ninety-five dollars ($95) for
each place of business in this state.
(2) The initial registration fee for a person who engages in
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than four
hundred five dollars ($405) for each place of business in this state.
The initial registration fee for a person who is a service
contractor and engages in business as either an electronic repair
industry service dealer or an appliance repair industry service
dealer is not more than three hundred dollars ($300) for each place
of business in this state.
(3) The initial registration fee for a person who engages in both
the electronic repair industry and the appliance repair industry as a
service dealer and is a service contractor is not more than five
hundred dollars ($500) for each place of business in this state.
(4) A service dealer or service contractor who does not operate a
place of business in this state, but engages in the electronic repair
industry, the appliance repair industry, or sells, issues, or
administers service contracts in this state shall pay the
registration fee specified herein as if he or she had a place of
business in this state.
(b) (1) The annual registration renewal fee for an electronic
repair industry service dealer or for an appliance repair industry
service dealer is not more than two hundred five dollars
($200) ($205) for each place of
business in this state, if renewed prior to its expiration date. The
annual registration renewal fee for a service contractor is
ninety-five dollars ($95) for each place of business in this state,
if renewed prior to its expiration date.
(2) The annual renewal fee for a service dealer who engages in the
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than four
hundred dollars ($400) for each place of business in this state.
(3) The annual renewal fee for a service dealer who engages in the
electronic repair industry and the appliance repair industry and is
a service contractor is not more than four hundred seventy-five
dollars ($475) for each place of business in this state.
(4) A service dealer or service contractor who does not operate a
place of business in this state, but who engages in the electronic
repair industry, the appliance repair industry, or sells or issues
service contracts in this state shall pay the registration fee
specified herein as if he or she had a place of business in this
state.
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2019, deletes or extends
that date.
(e) Notwithstanding any other law, the director shall not adopt
any regulation to increase any fee provided for in this section
before January 1, 2017.
SEC. 2. Section 9873 of the Business and Professions Code, as
amended by Section 20 of Chapter 428 of the Statutes of 2014, is
amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) The initial registration fee for an electronic repair industry
service dealer or for an appliance repair industry service dealer is
not more than two hundred five dollars ($205) for each place of
business in this state. The initial registration fee for a person who
engages in business as both an electronic repair industry service
dealer and an appliance repair industry service dealer is not more
than four hundred five dollars ($405).
(b) The annual registration renewal fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than two hundred five dollars
($200) ($205) for each place of business in this
state, if renewed prior to its expiration date. The annual renewal
fee for a service dealer who engages in the business as both an
electronic repair industry service dealer and an appliance repair
industry service dealer is not more than four hundred dollars ($400).
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
(d) This section shall become operative on January 1, 2019.
SEC. 3. Section 19170 of the Business
and Professions Code is amended to read:
19170. (a) The fee imposed for the issuance and for the biennial
renewal of each license granted under this chapter shall be set by
the chief, with the approval of the director, at a sum not more nor
less than that shown in the following table:
Maximum Minimum
fee fee
Importer's license ............ $ 75 94
0 $120
Furniture and bedding
manufacturer's
license ....................... 75 94
0 120
Wholesale furniture and bedding
dealer's license .............. 67 5 40
120
Supply dealer's license ....... 67 5 40
120
Custom upholsterer's license .. 36 45
0 80
Sanitizer's license ........... 36 45
0 80
Retail furniture and bedding
dealer's license .............. 24 30
0 40
Retail furniture dealer's
license ....................... 1 2 5
0 20
Retail bedding dealer's
license ....................... 1 2 5
0 20
(b) Individuals who, in their own homes and without the employment
of any other person, make, sell, advertise, or contract to make
pillows, quilts, quilted pads, or comforters are exempt from the fee
requirements imposed by subdivision (a). However, these individuals
shall comply with all other provisions of this chapter.
(c) Retailers who only sell "used" and "antique" furniture as
defined in Sections 19008.1 and 19008.2 are exempt from the fee
requirements imposed by subdivision (a). Those retailers are also
exempt from the other provisions of this chapter.
(d) A person who makes, sells, or advertises upholstered furniture
and bedding as defined in Sections 19006 and 19007, and who also
makes, sells, or advertises furniture used exclusively for the
purpose of physical fitness and exercise, shall comply with the fee
requirements imposed by subdivision (a).
(e) A person who has paid the required fee and who is licensed
either as an upholstered furniture and bedding manufacturer or a
custom upholsterer under this chapter shall not be required to
additionally pay the fee for a sanitizer's license.