BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1443
                                                                  Page  1

          Date of Hearing:   April 18, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1443 (Logue) - As Introduced:  January 4, 2012 

          Policy Committee:                              Business and 
          Professions  Vote:                            9 - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill requires a chief or inspector from the Bureau of 
          Electronic and Appliance Repair, Home Furnishings, and Thermal 
          Insulation (Bureau) to reimburse the manufacturer, distributor, 
          or retailer for the actual cost of any articles or samples of 
          upholstered furniture or bedding taken for purposes of analysis 
          unless the article is found to be in violation of the Home 
          Furnishings and Thermal Insulation Act or a regulation of the 
          bureau.

           FISCAL EFFECT  

          Costs to pay business owners for upholstered items would likely 
          be between $60,000 and $75,000 per year. �Bureau of Home 
          Furnishings and Thermal Insulation Fund]

           COMMENTS  

           1)Rationale  . According to the author's office, the intent of 
            this legislation is to ensure that businesses do not incur 
            significant losses when upholstered items are seized for 
            testing. Under existing law, the Bureau is authorized to seize 
            or destroy any furniture or bedding that is deemed 
            non-compliant with current regulations. According to the 
            author, "In several cases, properly tagged items have also 
            been seized for further testing by inspectors, and property 
            owners denied the appropriate compensation.  This has created 
            a problem where business owners incur significant financial 
            losses due to enforcement procedures."

          2)Related Legislation  . AB 87 (Logue) of 2011, a similar bill, 








                                                                  AB 1443
                                                                  Page  2

            would have prohibited a chief or inspector from taking 
            articles or samples of upholstered furniture or bedding for 
            the purpose of analysis, and instead authorized the Bureau to 
            purchase any article of upholstered furniture or bedding as 
            necessary for analysis, as specified.  That bill was held on 
            this committee's Suspense File.
             

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081