Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2827


Introduced by Assembly Member Levine

February 19, 2016


An act tobegin delete amend Section 2100 of the Elections Code, relating to elections.end deletebegin insert add Section 17533.75 to the Business and Professions Code, relating to advertising.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2827, as amended, Levine. begin deleteVoter registration. end deletebegin insertAdvertising: Made in U.S.A. label: violations: cure.end insert

begin insert

Existing law prohibits the sale or offering of sale in the state of any merchandise on which merchandise or on its container appears the words “Made in U.S.A.,” “Made in America,” “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.

end insert
begin insert

Existing law establishes the Made in California Program within the Governor’s Office of Business and Economic Development as a public and private collaboration to encourage consumer product awareness and to foster purchases of high-quality products made in this state. Under the program, in order to be eligible to represent that a product is made in this state, a company is required to, among other things, establish that the finished product could lawfully use the “Made in U.S.A.” label under the provisions set forth above.

end insert
begin insert

Existing law, the Consumers Legal Remedies Act, makes unlawful certain acts identified as unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods to any consumer.

end insert
begin insert

This bill would prohibit a civil action against a person or business that is alleged to have violated the provisions of the “Made in U.S.A.” or “Made in California” statutes unless written notice of the alleged violations is provided and the person or business has not cured the alleged violation within 33 days of receiving the notice.

end insert
begin delete

Under existing law, a person may only be registered to vote as provided by state law or pursuant to a state court order.

end delete
begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17533.75 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, end insertimmediately following Section 17533.7begin insert, to read:end insert

begin insert
3

begin insert17533.75.end insert  

(a) Notwithstanding any law, including, but not
4limited to, Section 17200, 17500, or 17533.7, of this code or
5Section 12098.10 or 129098.11 of the Government Code, or the
6Consumers Legal Remedies Act (Title 1.5 (commencing with
7Section 1750) of Part 4 of Division 3 of the Civil Code), a person
8or business may cure an alleged de minumus violation of Section
917533.7 of this code or Section 12098.10 of the Government Code,
10within 33 days of receiving written notice of the alleged violation.
11The action taken to cure the violation may include, but is not
12limited to, the prospective discontinued use of the words “Made
13in U.S.A.,” “Made in California,” or similar words and phrases
14as set forth in subdivision (a) of Section 17533.7 of this code or
15Section 12098.10 of the Government Code, on any merchandise,
16 article, unit, or part thereof.

17(b) Notwithstanding any law, no civil action may be commenced
18under this article, or the Consumers Legal Remedies Act (Title 1.5
19(commencing with Section 1750) of Part 4 of Division 3 of the
20Civil Code), unless the person or business is provided written
21notice of the alleged violation and the person or business has not
22cured the violation within 33 days of receiving the notice.

end insert
begin delete

  

end delete
begin delete23

SECTION 1.  

Section 2100 of the Elections Code is amended
24to read:

P3    1

2100.  

A person shall not be registered except as provided in
2this chapter or Chapter 4.5, except upon the production and filing
3of a certified copy of a judgment of a superior court directing
4registration to be made.

end delete


O

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