California Legislature—2015–16 Regular Session

Assembly BillNo. 1949


Introduced by Assembly Member Baker

February 12, 2016


An act to amend Sections 301, 302, and 303 of the Business and Professions Code, relating to consumers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1949, as introduced, Baker. Department of Consumer Affairs.

Existing law establishes the Department of Consumer Affairs and states it is the intent of the Legislature to promote and protect the interests of the people as consumers, and that the government advances the interests of consumers by, among other things, protecting consumers from the sale of goods and services through the use of deceptive methods, acts, or practices that are inimical to the general welfare of consumers. Existing law defines terms for those purposes and establishes a Division of Consumer Services, within the department, and provides that the division is under the supervision and control of a chief.

This bill would make nonsubstantive changes to those provisions.

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

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

P1    1

SECTION 1.  

Section 301 of the Business and Professions Code
2 is amended to read:

3

301.  

It is the intent of the Legislature and the purpose of this
4chapter to promote and protect the interests of the people as
5consumers. The Legislature finds that vigorous representation and
P2    1protection of consumer interests are essential to the fair and
2efficient functioning of a free enterprise market economy. The
3Legislature declares that government advances the interests of
4consumers by facilitating the proper functioning of the free
5enterprise market economy through (a) educating and informing
6the consumer tobegin delete insureend deletebegin insert ensuend insertbegin insertreend insert rational consumer choice in the
7marketplace; (b) protecting the consumer from the sale of goods
8and services through the use of deceptive methods, acts, or
9practicesbegin delete whichend deletebegin insert thatend insert are inimical to the general welfare of
10consumers; (c) fostering competition; and (d) promoting effective
11representation of consumers’ interests in all branches and levels
12of government.

13

SEC. 2.  

Section 302 of the Business and Professions Code is
14amended to read:

15

302.  

As used in this chapter, the following termsbegin insert shallend insert have
16the following meanings:

17(a) “Department” means the Department of Consumer Affairs.

18(b) “Director” means the Directorbegin delete of the Departmentend delete of
19Consumer Affairs.

20(c) “Consumer” meansbegin delete anyend deletebegin insert anend insert individual who seeks or acquires,
21by purchase or lease, any goods, services, money, or credit for
22personal, family, or household purposes.

23(d) “Person” means an individual, partnership, corporation,
24limited liability company, association, or other group, however
25organized.

26(e) “Individual” does not include a partnership, corporation,
27association, or other group, however organized.

28(f) “Division” means the Division of Consumer Services.

29(g) “Interests of consumers” is limited to the cost, quality, purity,
30safety, durability, performance, effectiveness, dependability,
31availability, and adequacy of choice of goods and services offered
32or furnished to consumers and the adequacy and accuracy of
33information relating to consumer goods, services, money, orbegin delete credit
34(includingend delete
begin insert credit, includingend insert labeling, packaging, and advertising
35of contents, qualities, and terms ofbegin delete sales).end deletebegin insert sales.end insert

36

SEC. 3.  

Section 303 of the Business and Professions Code is
37amended to read:

38

303.  

There is in the department a Division of Consumer
39Services under the supervision and control of a chief. The chief
40shall be appointed by the Governor and shall serve at hisbegin insert or herend insert
P3    1 pleasure. Hisbegin insert or herend insert compensation shall be fixed by the director
2in accordance with law.



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