SB 1483: Department of Consumer Affairs: Bureau of Household Goods and Services: electronic and appliance repair, home furnishings, and thermal insulation.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-20
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023, and would rename the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation as the Bureau of Household Goods and Services and would make related technical changes.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(6)This bill would make technical changes to the Business and Professions Code.
(7)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1491 and AB 3261 to be operative only if this bill and either or both SB 1491 and AB 3261 are enacted and this bill is enacted last.
The bill would incorporate additional changes to Section 101 of the Business and Professions Code proposed by SB 1482 and AB 3110 to be operative only if this bill and either or both SB 1482 and AB 3110 are enacted and this bill is enacted last.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023, and would rename the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation as the Bureau of Household Goods and Services and would make related technical changes.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(6)This bill would make technical changes to the Business and Professions Code.
(7)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1491 and AB 3261 to be operative only if this bill and either or both SB 1491 and AB 3261 are enacted and this bill is enacted last.
The bill would incorporate additional changes to Section 101 of the Business and Professions Code proposed by SB 1482 and AB 3110 to be operative only if this bill and either or both SB 1482 and AB 3110 are enacted and this bill is enacted last.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023, and would rename the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation as the Bureau of Household Goods and Services and would make related technical changes.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(6)This Bill would make technical changes to the Business and Professions Code.
(7)This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1491 and AB 3261 to be operative only if this bill and either or both SB 1491 and AB 3261 are enacted and this bill is enacted last.
The bill would incorporate additional changes to Section 101 of the Business and Professions Code proposed by SB 1482 and AB 3110 to be operative only if this bill and either or both SB 1482 and AB 3110 are enacted and this bill is enacted last.
(6)(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023. 2023, and would rename the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation as the Bureau of Household Goods and Services and would make related technical changes.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review. review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and authorizes specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019.
This bill would extend that date to January 1, 2023.
(2)Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(2)(3)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(3)(4)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a crime. misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
Until(5)Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill bill, on and after January 1, 2020, would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(4)(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary, necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(2)The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year.
This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified.
(3)The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a crime. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified.
This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format.
Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term service contract to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use.
This bill would define the term service contract to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation.
This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary, and would require such personnel to perform their respective duties under the supervision and the direction of the chief.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.1.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.2.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Cannabis Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.3.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Cannabis Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Committee.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Committee of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ao)This section shall become operative on July 1, 2018.
SEC. 2.1.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Committee.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Board of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ao)This section shall become operative on July 1, 2018.
SEC. 2.2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Board.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Committee of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
SEC. 2.3.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Board.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Board of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
SEC. 3.Section 9801 of the Business and Professions Code is amended to read:9801.The following terms as used in this chapter have the meaning expressed in this section:
(a)Person includes a firm, partnership, association, limited liability company, or corporation.
(b)Department means the Department of Consumer Affairs.
(c)Director means the Director of Consumer Affairs.
(d)Bureau means the Bureau of Household Goods and Services.
(e)Chief means the Chief of the Bureau of Household Goods and Services.
(f)Service dealer means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:
(1)Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use.
(2)Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles.
(3)Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000).
(4)Repairing, servicing, or maintaining major appliances.
(g)Equipment for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories.
(h)Electronic set includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine normally used or sold for personal, family, household, or home office use.
(i)Appliance or major home appliance includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.
(j)Antenna includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of a set and shall be considered, under this section, to be located outside or in the attic of a residence.
(k)Rotator, when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence.
(l)Accessories, when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair.
(m)Computer system includes, but is not limited to, a central processing unit that performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives.
(n)Video game includes, but is not limited to, any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube or a television set or a monitor.
(o)Direct satellite signal receiving equipment includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space.
(p)Electronic repair industry means those activities defined in paragraph (1), (2), or (3) of subdivision (f).
(q)Appliance repair industry means those activities defined in paragraph (4) of subdivision (f).
SEC. 4.Section 9810 of the Business and Professions Code is amended to read:9810.(a)(1)There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Household Goods and Services.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2023.
SEC. 5.Section 9810.1 of the Business and Professions Code is amended to read:9810.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 6.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 7.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 10.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 11.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 12.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023.
SEC. 14.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 15.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023.
SEC. 16.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 17.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2023.
SEC. 18.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 19.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)Consumer goods means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices.
(k)This section shall become operative on January 1, 2020.
SEC. 20.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 21.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 23.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023.
SEC. 24.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 25.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 26.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023.
SEC. 27.Section 19004 of the Business and Professions Code is amended to read:19004.(a)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(b)Chief refers to the chief of the bureau.
(c)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(d)Director refers to the Director of Consumer Affairs.
(e)Department refers to the Department of Consumer Affairs.
SEC. 28.Section 19004.1 of the Business and Professions Code is amended to read:19004.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 29.Section 19030 of the Business and Professions Code is amended to read:19030.Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Household Goods and Services.
SEC. 30.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 31.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 32.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 33.Section 19225.5 of the Business and Professions Code is amended to read:19225.5.For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a)Broker means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.
(b)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(c)Chief refers to the chief of the bureau.
(d)Corporation includes a corporation, a company, an association, and a joint stock association.
(e)Department refers to the Department of Consumer Affairs.
(f)Director refers to the Director of Consumer Affairs.
(g)Fund means the Household Movers Fund established pursuant to Section 19229.
(h)Household mover includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends household mover to have the same meaning as household goods carrier in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.
(i)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(j)Motor vehicle means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
(k)Owner, with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(l)Person includes an individual, a firm, or a copartnership.
(m)Public highway includes every public street, road, or highway in this state.
SEC. 34.Section 19246 of the Business and Professions Code is amended to read:19246.(a)For purposes of this section, the following terms have the following meanings:
(1)Consignor means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that persons agent.
(2)Consignee means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that persons agent.
(b)Any household mover engaged in the business of transportation of used household goods and personal effects by motor vehicle over any public highway in this state shall provide each consignor with a completed copy of the notice set forth in this section. The notice shall be printed in at least 12-point type, except the title and first two paragraphs which shall be printed in boldface type, and provided to each consignor at least three days prior to the date scheduled for the transportation of household goods or personal effects. If the consignor requests services on a date that is less than three days before the scheduled date for transportation of the household goods or personal effects, the household mover shall provide the notice as soon as practicable, but in no event may the household mover commence any services until the consignor has signed and received a signed copy of the notice. The household mover shall obtain sufficient information from the consignor to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The household mover shall retain a copy of the notice, signed by the consignor, for at least three years from the date the notice was signed by the consignor.
(c)Any waiver of the requirements of this section is void and unenforceable.
(d)For transportation services provided by a household mover, the Not To Exceed amount set forth in the notice and the agreement between the household mover and the consignor shall be the maximum total dollar amount for which the consignor may be liable for the transportation of household goods and personal effects and any additional services ordered by the consignor, including any bona fide change order permitted under the rules and regulations administered by the bureau, and agreed to by the consignor before any goods or personal effects are moved from their location or any other services are performed.
(e)A household mover may provide the notice set forth in this section either as a separate document or by including it as the centerfold of the informational booklet that the household mover is required to provide the consignor under the rules and regulations administered by the bureau. If the household mover provides the notice as part of the informational booklet, the booklet shall contain a tab that extends beyond the edge of the booklet at the place where the notice is included. The statement Important Notice shall be printed on the tab in at least 12-point boldface type. In addition, the statement Customer Must Read And Sign The Important Notice In The Middle Of This Booklet Before A Move Can Begin shall be set forth in 14-point boldface type on the front cover of the booklet.
(f)The notice provided the consignor shall be in the following form:
IMPORTANT NOTICE ABOUT YOUR MOVE
IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A NOT TO EXCEED AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE NOT TO EXCEED AMOUNT THIS MOVER IS REQUESTING IS $____________________ TO PERFORM THE FOLLOWING SERVICES:
____________________________________________________________
____________________________________________________________
___________________________________________________________.
IF YOU DO NOT AGREE TO THE NOT TO EXCEED AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE MOVERS SERVICE AT NO CHARGE TO YOU.
If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested
services. If you agree to the additional charges on that Change Order, those charges may be added to the NOT TO EXCEED amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the movers services.
A mover cannot refuse to release your goods once you have paid the NOT TO EXCEED amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The NOT TO EXCEED amount must be reasonable.
A mover cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. A mover without a valid permit has no right to withhold your goods for any reason, including claims that you have not adequately paid for services rendered.
For additional information or to confirm whether a mover has a valid permit issued by the Division of Household Movers of the Bureau of Household Goods and Services, please call the Bureau toll free at:
Insert toll-free number. | |
I have completed this form and provided the consumer (shipper) with a copy of this notice. | |
I have been provided with a copy of this form. |
(g)Any document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.
SEC. 35.Section 13108.1 of the Health and Safety Code is amended to read:13108.1.The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following:
(a)Maintain overall building fire safety.
(b)Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire.
SEC. 36.(a)Section 1.1 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Assembly Bill 3261 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Assembly Bill 3261. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3261, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by this bill, Senate Bill 1491, and Assembly Bill 3261. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491 and Assembly Bill 3261, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 37.(a)Section 2.1 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Senate Bill 1482. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Assembly Bill 3110 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1482, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Assembly Bill 3110. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Senate Bill 1482 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3110 in which case Sections 2, 2.1 and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by this bill, Senate Bill 1482, and Assembly Bill 3110. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 101 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1482 and Assembly Bill 3110, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 38.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.1.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.2.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Cannabis Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.3.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Cannabis Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Committee.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Committee of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ao)This section shall become operative on July 1, 2018.
SEC. 2.1.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Committee.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Board of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ao)This section shall become operative on July 1, 2018.
SEC. 2.2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Board.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Committee of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
SEC. 2.3.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The Bureau of Security and Investigative Services.
(r)The Court Reporters Board of California.
(s)The Board of Vocational Nursing and Psychiatric Technicians.
(t)The Landscape Architects Technical Committee.
(u)The Division of Investigation.
(v)The Bureau of Automotive Repair.
(w)The Respiratory Care Board of California.
(x)The Acupuncture Board.
(y)The Board of Psychology.
(z)The California Board of Podiatric Medicine.
(aa)The Physical Therapy Board of California.
(ab)The Arbitration Review Program.
(ac)The Physician Assistant Board.
(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)The California Board of Occupational Therapy.
(af)The Osteopathic Medical Board of California.
(ag)The Naturopathic Medicine Committee.
(ah)The Dental Hygiene Board of California.
(ai)The Professional Fiduciaries Bureau.
(aj)The State Board of Chiropractic Examiners.
(ak)The Bureau of Real Estate Appraisers.
(al)The Structural Pest Control Board.
(am)The Bureau of Cannabis Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
SEC. 3.Section 9801 of the Business and Professions Code is amended to read:9801.The following terms as used in this chapter have the meaning expressed in this section:
(a)Person includes a firm, partnership, association, limited liability company, or corporation.
(b)Department means the Department of Consumer Affairs.
(c)Director means the Director of Consumer Affairs.
(d)Bureau means the Bureau of Household Goods and Services.
(e)Chief means the Chief of the Bureau of Household Goods and Services.
(f)Service dealer means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:
(1)Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use.
(2)Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles.
(3)Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000).
(4)Repairing, servicing, or maintaining major appliances.
(g)Equipment for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories.
(h)Electronic set includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine normally used or sold for personal, family, household, or home office use.
(i)Appliance or major home appliance includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.
(j)Antenna includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of a set and shall be considered, under this section, to be located outside or in the attic of a residence.
(k)Rotator, when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence.
(l)Accessories, when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair.
(m)Computer system includes, but is not limited to, a central processing unit that performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives.
(n)Video game includes, but is not limited to, any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube or a television set or a monitor.
(o)Direct satellite signal receiving equipment includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space.
(p)Electronic repair industry means those activities defined in paragraph (1), (2), or (3) of subdivision (f).
(q)Appliance repair industry means those activities defined in paragraph (4) of subdivision (f).
SEC. 4.Section 9810 of the Business and Professions Code is amended to read:9810.(a)(1)There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Household Goods and Services.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2023.
SEC. 5.Section 9810.1 of the Business and Professions Code is amended to read:9810.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 6.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 7.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 10.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 11.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 12.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023.
SEC. 14.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 15.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023.
SEC. 16.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 17.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2023.
SEC. 18.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 19.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)Consumer goods means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices.
(k)This section shall become operative on January 1, 2020.
SEC. 20.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 21.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 23.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023.
SEC. 24.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 25.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 26.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023.
SEC. 27.Section 19004 of the Business and Professions Code is amended to read:19004.(a)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(b)Chief refers to the chief of the bureau.
(c)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(d)Director refers to the Director of Consumer Affairs.
(e)Department refers to the Department of Consumer Affairs.
SEC. 28.Section 19004.1 of the Business and Professions Code is amended to read:19004.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 29.Section 19030 of the Business and Professions Code is amended to read:19030.Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Household Goods and Services.
SEC. 30.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 31.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 32.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 33.Section 19225.5 of the Business and Professions Code is amended to read:19225.5.For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a)Broker means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.
(b)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(c)Chief refers to the chief of the bureau.
(d)Corporation includes a corporation, a company, an association, and a joint stock association.
(e)Department refers to the Department of Consumer Affairs.
(f)Director refers to the Director of Consumer Affairs.
(g)Fund means the Household Movers Fund established pursuant to Section 19229.
(h)Household mover includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends household mover to have the same meaning as household goods carrier in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.
(i)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(j)Motor vehicle means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
(k)Owner, with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(l)Person includes an individual, a firm, or a copartnership.
(m)Public highway includes every public street, road, or highway in this state.
SEC. 34.Section 19246 of the Business and Professions Code is amended to read:19246.(a)For purposes of this section, the following terms have the following meanings:
(1)Consignor means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that persons agent.
(2)Consignee means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that persons agent.
(b)Any household mover engaged in the business of transportation of used household goods and personal effects by motor vehicle over any public highway in this state shall provide each consignor with a completed copy of the notice set forth in this section. The notice shall be printed in at least 12-point type, except the title and first two paragraphs which shall be printed in boldface type, and provided to each consignor at least three days prior to the date scheduled for the transportation of household goods or personal effects. If the consignor requests services on a date that is less than three days before the scheduled date for transportation of the household goods or personal effects, the household mover shall provide the notice as soon as practicable, but in no event may the household mover commence any services until the consignor has signed and received a signed copy of the notice. The household mover shall obtain sufficient information from the consignor to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The household mover shall retain a copy of the notice, signed by the consignor, for at least three years from the date the notice was signed by the consignor.
(c)Any waiver of the requirements of this section is void and unenforceable.
(d)For transportation services provided by a household mover, the Not To Exceed amount set forth in the notice and the agreement between the household mover and the consignor shall be the maximum total dollar amount for which the consignor may be liable for the transportation of household goods and personal effects and any additional services ordered by the consignor, including any bona fide change order permitted under the rules and regulations administered by the bureau, and agreed to by the consignor before any goods or personal effects are moved from their location or any other services are performed.
(e)A household mover may provide the notice set forth in this section either as a separate document or by including it as the centerfold of the informational booklet that the household mover is required to provide the consignor under the rules and regulations administered by the bureau. If the household mover provides the notice as part of the informational booklet, the booklet shall contain a tab that extends beyond the edge of the booklet at the place where the notice is included. The statement Important Notice shall be printed on the tab in at least 12-point boldface type. In addition, the statement Customer Must Read And Sign The Important Notice In The Middle Of This Booklet Before A Move Can Begin shall be set forth in 14-point boldface type on the front cover of the booklet.
(f)The notice provided the consignor shall be in the following form:
IMPORTANT NOTICE ABOUT YOUR MOVE
IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A NOT TO EXCEED AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE NOT TO EXCEED AMOUNT THIS MOVER IS REQUESTING IS $____________________ TO PERFORM THE FOLLOWING SERVICES:
____________________________________________________________
____________________________________________________________
___________________________________________________________.
IF YOU DO NOT AGREE TO THE NOT TO EXCEED AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE MOVERS SERVICE AT NO CHARGE TO YOU.
If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested
services. If you agree to the additional charges on that Change Order, those charges may be added to the NOT TO EXCEED amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the movers services.
A mover cannot refuse to release your goods once you have paid the NOT TO EXCEED amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The NOT TO EXCEED amount must be reasonable.
A mover cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. A mover without a valid permit has no right to withhold your goods for any reason, including claims that you have not adequately paid for services rendered.
For additional information or to confirm whether a mover has a valid permit issued by the Division of Household Movers of the Bureau of Household Goods and Services, please call the Bureau toll free at:
Insert toll-free number. | |
I have completed this form and provided the consumer (shipper) with a copy of this notice. | |
I have been provided with a copy of this form. |
(g)Any document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.
SEC. 35.Section 13108.1 of the Health and Safety Code is amended to read:13108.1.The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following:
(a)Maintain overall building fire safety.
(b)Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire.
SEC. 36.(a)Section 1.1 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Assembly Bill 3261 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Assembly Bill 3261. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3261, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by this bill, Senate Bill 1491, and Assembly Bill 3261. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491 and Assembly Bill 3261, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 37.(a)Section 2.1 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Senate Bill 1482. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Assembly Bill 3110 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1482, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Assembly Bill 3110. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Senate Bill 1482 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3110 in which case Sections 2, 2.1 and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by this bill, Senate Bill 1482, and Assembly Bill 3110. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 101 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1482 and Assembly Bill 3110, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 38.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.1.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors. licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.2.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 1.3.Section 27 of the Business and Professions Code is amended to read:27.(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors. licensees and registrants.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation Control shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The Bureau State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The State Board of Guide Dogs for the Blind.(r)(q)The Bureau of Security and Investigative Services.
(s)(r)The Court Reporters Board of California.
(t)(s)The Board of Vocational Nursing and Psychiatric Technicians.
(u)(t)The Landscape Architects Technical Committee.
(v)(u)The Division of Investigation.
(w)(v)The Bureau of Automotive Repair.
(x)(w)The Respiratory Care Board of California.
(y)(x)The Acupuncture Board.
(z)(y)The Board of Psychology.
(aa)(z)The California Board of Podiatric Medicine.
(ab)(aa)The Physical Therapy Board of California.
(ac)(ab)The Arbitration Review Program.
(ad)(ac)The Physician Assistant Committee.
(ae)(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af)(ae)The California Board of Occupational Therapy.
(ag)(af)The Osteopathic Medical Board of California.
(ah)(ag)The Naturopathic Medicine Committee.
(ai)(ah)The Dental Hygiene Committee of California.
(aj)(ai)The Professional Fiduciaries Bureau.
(ak)(aj)The State Board of Chiropractic Examiners.
(al)(ak)The Bureau of Real Estate Appraisers.
(am)(al)The Structural Pest Control Board.
(an)(am)The Bureau of Medical Cannabis Regulation. Control.
(ao)(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ap)(ao)This section shall become operative on July 1, 2018.
SEC. 2.1.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The Bureau State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The State Board of Guide Dogs for the Blind.(r)(q)The Bureau of Security and Investigative Services.
(s)(r)The Court Reporters Board of California.
(t)(s)The Board of Vocational Nursing and Psychiatric Technicians.
(u)(t)The Landscape Architects Technical Committee.
(v)(u)The Division of Investigation.
(w)(v)The Bureau of Automotive Repair.
(x)(w)The Respiratory Care Board of California.
(y)(x)The Acupuncture Board.
(z)(y)The Board of Psychology.
(aa)(z)The California Board of Podiatric Medicine.
(ab)(aa)The Physical Therapy Board of California.
(ac)(ab)The Arbitration Review Program.
(ad)(ac)The Physician Assistant Committee.
(ae)(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af)(ae)The California Board of Occupational Therapy.
(ag)(af)The Osteopathic Medical Board of California.
(ah)(ag)The Naturopathic Medicine Committee.
(ai)(ah)The Dental Hygiene Committee Board of California.
(aj)(ai)The Professional Fiduciaries Bureau.
(ak)(aj)The State Board of Chiropractic Examiners.
(al)(ak)The Bureau of Real Estate Appraisers.
(am)(al)The Structural Pest Control Board.
(an)(am)The Bureau of Medical Cannabis Regulation. Control.
(ao)(an)Any other boards, offices, or officers subject to its jurisdiction by law.
(ap)(ao)This section shall become operative on July 1, 2018.
SEC. 2.2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The Bureau State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The State Board of Guide Dogs for the Blind.(r)(q)The Bureau of Security and Investigative Services.
(s)(r)The Court Reporters Board of California.
(t)(s)The Board of Vocational Nursing and Psychiatric Technicians.
(u)(t)The Landscape Architects Technical Committee.
(v)(u)The Division of Investigation.
(w)(v)The Bureau of Automotive Repair.
(x)(w)The Respiratory Care Board of California.
(y)(x)The Acupuncture Board.
(z)(y)The Board of Psychology.
(aa)(z)The California Board of Podiatric Medicine.
(ab)(aa)The Physical Therapy Board of California.
(ac)(ab)The Arbitration Review Program.
(ad)(ac)The Physician Assistant Committee. Board.
(ae)(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af)(ae)The California Board of Occupational Therapy.
(ag)(af)The Osteopathic Medical Board of California.
(ah)(ag)The Naturopathic Medicine Committee.
(ai)(ah)The Dental Hygiene Committee of California.
(aj)(ai)The Professional Fiduciaries Bureau.
(ak)(aj)The State Board of Chiropractic Examiners.
(al)(ak)The Bureau of Real Estate Appraisers.
(am)(al)The Structural Pest Control Board.
(an)(am)The Bureau of Medical Cannabis Regulation. Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
(ap)This section shall become operative on July 1, 2018.SEC. 2.3.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The Bureau State Board of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The State Board of Guide Dogs for the Blind.(r)(q)The Bureau of Security and Investigative Services.
(s)(r)The Court Reporters Board of California.
(t)(s)The Board of Vocational Nursing and Psychiatric Technicians.
(u)(t)The Landscape Architects Technical Committee.
(v)(u)The Division of Investigation.
(w)(v)The Bureau of Automotive Repair.
(x)(w)The Respiratory Care Board of California.
(y)(x)The Acupuncture Board.
(z)(y)The Board of Psychology.
(aa)(z)The California Board of Podiatric Medicine.
(ab)(aa)The Physical Therapy Board of California.
(ac)(ab)The Arbitration Review Program.
(ad)(ac)The Physician Assistant Committee. Board.
(ae)(ad)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af)(ae)The California Board of Occupational Therapy.
(ag)(af)The Osteopathic Medical Board of California.
(ah)(ag)The Naturopathic Medicine Committee.
(ai)(ah)The Dental Hygiene Committee Board of California.
(aj)(ai)The Professional Fiduciaries Bureau.
(ak)(aj)The State Board of Chiropractic Examiners.
(al)(ak)The Bureau of Real Estate Appraisers.
(am)(al)The Structural Pest Control Board.
(an)(am)The Bureau of Medical Cannabis Regulation. Control.
(an)The Athletic Training Board.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
(ap)This section shall become operative on July 1, 2018.SEC. 3.Section 9801 of the Business and Professions Code is amended to read:9801.The following terms as used in this chapter have the meaning expressed in this section:
(a)Person includes a firm, partnership, association, limited liability company, or corporation.
(b)Department means the Department of Consumer Affairs.
(c)Director means the Director of Consumer Affairs.
(d)Bureau means the Bureau of Household Goods and Services.
(e)Chief means the Chief of the Bureau of Household Goods and Services.
(f)Service dealer means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:
(1)Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use.
(2)Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles.
(3)Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000).
(4)Repairing, servicing, or maintaining major appliances.
(g)Equipment for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories.
(h)Electronic set includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine normally used or sold for personal, family, household, or home office use.
(i)Appliance or major home appliance includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.
(j)Antenna includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of a set and shall be considered, under this section, to be located outside or in the attic of a residence.
(k)Rotator, when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence.
(l)Accessories, when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair.
(m)Computer system includes, but is not limited to, a central processing unit that performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives.
(n)Video game includes, but is not limited to, any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube or a television set or a monitor.
(o)Direct satellite signal receiving equipment includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space.
(p)Electronic repair industry means those activities defined in paragraph (1), (2), or (3) of subdivision (f).
(q)Appliance repair industry means those activities defined in paragraph (4) of subdivision (f).
SEC. 4.Section 9810 of the Business and Professions Code is amended to read:9810.(a)(1)There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Household Goods and Services.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2023.
SEC. 5.Section 9810.1 of the Business and Professions Code is amended to read:9810.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 6.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 7.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 10.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 11.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 12.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023.
SEC. 14.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 15.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023.
SEC. 16.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 17.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2023.
SEC. 18.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 19.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)Consumer goods means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices.
(k)This section shall become operative on January 1, 2020.
SEC. 20.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 21.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 23.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023.
SEC. 24.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 25.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 26.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023.
SEC. 27.Section 19004 of the Business and Professions Code is amended to read:19004.(a)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(b)Chief refers to the chief of the bureau.
(c)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(d)Director refers to the Director of Consumer Affairs.
(e)Department refers to the Department of Consumer Affairs.
SEC. 28.Section 19004.1 of the Business and Professions Code is amended to read:19004.1.Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 29.Section 19030 of the Business and Professions Code is amended to read:19030.Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Household Goods and Services.
SEC. 30.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 31.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 32.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 33.Section 19225.5 of the Business and Professions Code is amended to read:19225.5.For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a)Broker means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.
(b)Bureau refers to the Bureau of Household Goods and Services, as established in Section 9810.
(c)Chief refers to the chief of the bureau.
(d)Corporation includes a corporation, a company, an association, and a joint stock association.
(e)Department refers to the Department of Consumer Affairs.
(f)Director refers to the Director of Consumer Affairs.
(g)Fund means the Household Movers Fund established pursuant to Section 19229.
(h)Household mover includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends household mover to have the same meaning as household goods carrier in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.
(i)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(j)Motor vehicle means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
(k)Owner, with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(l)Person includes an individual, a firm, or a copartnership.
(m)Public highway includes every public street, road, or highway in this state.
SEC. 34.Section 19246 of the Business and Professions Code is amended to read:19246.(a)For purposes of this section, the following terms have the following meanings:
(1)Consignor means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that persons agent.
(2)Consignee means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that persons agent.
(b)Any household mover engaged in the business of transportation of used household goods and personal effects by motor vehicle over any public highway in this state shall provide each consignor with a completed copy of the notice set forth in this section. The notice shall be printed in at least 12-point type, except the title and first two paragraphs which shall be printed in boldface type, and provided to each consignor at least three days prior to the date scheduled for the transportation of household goods or personal effects. If the consignor requests services on a date that is less than three days before the scheduled date for transportation of the household goods or personal effects, the household mover shall provide the notice as soon as practicable, but in no event may the household mover commence any services until the consignor has signed and received a signed copy of the notice. The household mover shall obtain sufficient information from the consignor to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The household mover shall retain a copy of the notice, signed by the consignor, for at least three years from the date the notice was signed by the consignor.
(c)Any waiver of the requirements of this section is void and unenforceable.
(d)For transportation services provided by a household mover, the Not To Exceed amount set forth in the notice and the agreement between the household mover and the consignor shall be the maximum total dollar amount for which the consignor may be liable for the transportation of household goods and personal effects and any additional services ordered by the consignor, including any bona fide change order permitted under the rules and regulations administered by the bureau, and agreed to by the consignor before any goods or personal effects are moved from their location or any other services are performed.
(e)A household mover may provide the notice set forth in this section either as a separate document or by including it as the centerfold of the informational booklet that the household mover is required to provide the consignor under the rules and regulations administered by the bureau. If the household mover provides the notice as part of the informational booklet, the booklet shall contain a tab that extends beyond the edge of the booklet at the place where the notice is included. The statement Important Notice shall be printed on the tab in at least 12-point boldface type. In addition, the statement Customer Must Read And Sign The Important Notice In The Middle Of This Booklet Before A Move Can Begin shall be set forth in 14-point boldface type on the front cover of the booklet.
(f)The notice provided the consignor shall be in the following form:
IMPORTANT NOTICE ABOUT YOUR MOVE
IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A NOT TO EXCEED AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE NOT TO EXCEED AMOUNT THIS MOVER IS REQUESTING IS $____________________ TO PERFORM THE FOLLOWING SERVICES:
____________________________________________________________
____________________________________________________________
___________________________________________________________.
IF YOU DO NOT AGREE TO THE NOT TO EXCEED AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT
TO REFUSE THE MOVERS SERVICE AT NO CHARGE TO YOU.
If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the NOT TO EXCEED amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the movers services.
A mover cannot refuse to release your goods once you have paid the NOT TO EXCEED amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The NOT TO EXCEED amount must be reasonable.
A mover cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. A mover without a valid permit has no right to withhold your goods for any reason, including claims that you have not adequately paid for services rendered.
For additional information or to confirm whether a mover has a valid permit issued by the Division of Household Movers of the Bureau of Household Goods and Services, please call the Bureau toll free at:
Insert toll-free number. | |
I have completed this form and provided the consumer (shipper) with a copy of this notice. | |
I have been provided with a copy of this form. |
(g)Any document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.
SEC. 35.Section 13108.1 of the Health and Safety Code is amended to read:13108.1.The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following:
(a)Maintain overall building fire safety.
(b)Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire.
SEC. 36.(a)Section 1.1 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Assembly Bill 3261 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Assembly Bill 3261. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 27 of the Business and Professions Code, (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3261, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by this bill, Senate Bill 1491, and Assembly Bill 3261. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 27 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491 and Assembly Bill 3261, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
SEC. 37.(a)Section 2.1 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Senate Bill 1482. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Assembly Bill 3110 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1482, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and Assembly Bill 3110. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 101 of the Business and Professions Code, (3) Senate Bill 1482 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 3110 in which case Sections 2, 2.1 and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by this bill, Senate Bill 1482, and Assembly Bill 3110. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 101 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1482 and Assembly Bill 3110, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 36.SEC. 38.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Each entity specified in subdivisions (c), (d), and (e) shall provide on the Internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensees address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entitys internal administrative use and not for disclosure as the licensees address of record or disclosure on the Internet.
(b)In providing information on the Internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs guidelines for access to public records.
(c)Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services shall disclose information on its licensees and registrants, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.
(4)The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)The State Athletic Commission shall disclose information on its licensees and registrants.
(11)The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)The State Board of Guide Dogs for the Blind shall disclose information on its licensees and registrants.
(13)The Acupuncture Board shall disclose information on its licensees.
(14)The Board of Behavioral Sciences shall disclose information on its licensees, including licensed marriage and family therapists, licensed clinical social workers, licensed educational psychologists, and licensed professional clinical counselors.
(15)The Dental Board of California shall disclose information on its licensees.
(16)The State Board of Optometry shall disclose information on its licensees and registrants.
(17)The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(18)The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)The Bureau of Medical Cannabis Regulation shall disclose information on its licensees.
(g)Internet for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2.Section 101 of the Business and Professions Code, as added by Section 4 of Chapter 828 of the Statutes of 2017, is amended to read:101.The department is comprised of the following:
(a)The Dental Board of California.
(b)The Medical Board of California.
(c)The State Board of Optometry.
(d)The California State Board of Pharmacy.
(e)The Veterinary Medical Board.
(f)The California Board of Accountancy.
(g)The California Architects Board.
(h)The Bureau of Barbering and Cosmetology.
(i)The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)The Contractors State License Board.
(k)The Bureau for Private Postsecondary Education.
(l)The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(m)The Board of Registered Nursing.
(n)The Board of Behavioral Sciences.
(o)The State Athletic Commission.
(p)The Cemetery and Funeral Bureau.
(q)The State Board of Guide Dogs for the Blind.
(r)The Bureau of Security and Investigative Services.
(s)The Court Reporters Board of California.
(t)The Board of Vocational Nursing and Psychiatric Technicians.
(u)The Landscape Architects Technical Committee.
(v)The Division of Investigation.
(w)The Bureau of Automotive Repair.
(x)The Respiratory Care Board of California.
(y)The Acupuncture Board.
(z)The Board of Psychology.
(aa)The California Board of Podiatric Medicine.
(ab)The Physical Therapy Board of California.
(ac)The Arbitration Review Program.
(ad)The Physician Assistant Committee.
(ae)The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(af)The California Board of Occupational Therapy.
(ag)The Osteopathic Medical Board of California.
(ah)The Naturopathic Medicine Committee.
(ai)The Dental Hygiene Committee of California.
(aj)The Professional Fiduciaries Bureau.
(ak)The State Board of Chiropractic Examiners.
(al)The Bureau of Real Estate Appraisers.
(am)The Structural Pest Control Board.
(an)The Bureau of Medical Cannabis Regulation.
(ao)Any other boards, offices, or officers subject to its jurisdiction by law.
(ap)This section shall become operative on July 1, 2018.
SEC. 3.Section 9801 of the Business and Professions Code is amended to read:9801.The following terms as used in this chapter have the meaning expressed in this section:
(a)Person includes a firm, partnership, association, limited liability company, or corporation.
(b)Department means the Department of Consumer Affairs.
(c)Director means the Director of Consumer Affairs.
(d)Bureau means the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(e)Chief means the Chief of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(f)Service dealer means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:
(1)Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use.
(2)Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles.
(3)Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000).
(4)Repairing, servicing, or maintaining major appliances.
(g)Equipment for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories.
(h)Electronic set includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, photocopier, or facsimile machine normally used or sold for personal, family, household, or home office use.
(i)Appliance or major home appliance includes, but is not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles.
(j)Antenna includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of a set and shall be considered, under this section, to be located outside or in the attic of a residence.
(k)Rotator, when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence.
(l)Accessories, when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair.
(m)Computer system includes, but is not limited to, a central processing unit that performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives.
(n)Video game includes, but is not limited to, any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube or a television set or a monitor.
(o)Direct satellite signal receiving equipment includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space.
(p)Electronic repair industry means those activities defined in paragraph (1), (2), or (3) of subdivision (f).
(q)Appliance repair industry means those activities defined in paragraph (4) of subdivision (f).
SECTION 1.SEC. 4.Section 9810 of the Business and Professions Code is amended to read:9810.(a)(1)There is in the Department of Consumer Affairs a Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2023.
SEC. 5.Section 9810.1 of the Business and Professions Code is amended to read:9810.1.Protection of the public shall be the highest priority for the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 2.SEC. 6.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 3.SEC. 7.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.SEC. 8.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 5.SEC. 9.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 6.SEC. 10.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 7.SEC. 11.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.SEC. 12.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.SEC. 13.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023.
SEC. 10.SEC. 14.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 11.SEC. 15.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023.
SEC. 12.SEC. 16.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.SEC. 17.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2023.
SEC. 14.SEC. 18.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 15.SEC. 19.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)Consumer goods means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices.
(k)This section shall become operative on January 1, 2020.
SEC. 16.SEC. 20.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 17.SEC. 21.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 18.SEC. 22.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 19.SEC. 23.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023.
SEC. 20.SEC. 24.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 21.SEC. 25.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.SEC. 26.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023.
SEC. 27.Section 19004 of the Business and Professions Code is amended to read:19004.(a)Bureau refers to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, as established in Section 9810.
(b)Chief refers to the chief of the bureau.
(c)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(d)Director refers to the Director of Consumer Affairs.
(e)Department refers to the Department of Consumer Affairs.
SEC. 28.Section 19004.1 of the Business and Professions Code is amended to read:19004.1.Protection of the public shall be the highest priority for the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
SEC. 29.Section 19030 of the Business and Professions Code is amended to read:19030.Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Household Goods and Services.
SEC. 23.SEC. 30.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 24.SEC. 31.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 25.SEC. 32.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 33.Section 19225.5 of the Business and Professions Code is amended to read:19225.5.For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a)Broker means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.
(b)Bureau refers to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, as established in Section 9810.
(c)Chief refers to the chief of the bureau.
(d)Corporation includes a corporation, a company, an association, and a joint stock association.
(e)Department refers to the Department of Consumer Affairs.
(f)Director refers to the Director of Consumer Affairs.
(g)Fund means the Household Movers Fund established pursuant to Section 19229.
(h)Household mover includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends household mover to have the same meaning as household goods carrier in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.
(i)Inspector refers to an inspector either employed by, or under contract to, the bureau.
(j)Motor vehicle means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
(k)Owner, with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(l)Person includes an individual, a firm, or a copartnership.
(m)Public highway includes every public street, road, or highway in this state.
SEC. 34.Section 19246 of the Business and Professions Code is amended to read:19246.(a)For purposes of this section, the following terms have the following meanings:
(1)Consignor means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that persons agent.
(2)Consignee means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that persons agent.
(b)Any household mover engaged in the business of transportation of used household goods and personal effects by motor vehicle over any public highway in this state shall provide each consignor with a completed copy of the notice set forth in this section. The notice shall be printed in at least 12-point type, except the title and first two paragraphs which shall be printed in boldface type, and provided to each consignor at least three days prior to the date scheduled for the transportation of household goods or personal effects. If the consignor requests services on a date that is less than three days before the scheduled date for transportation of the household goods or personal effects, the household mover shall provide the notice as soon as practicable, but in no event may the household mover commence any services until the consignor has signed and received a signed copy of the notice. The household mover shall obtain sufficient information from the consignor to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The household mover shall retain a copy of the notice, signed by the consignor, for at least three years from the date the notice was signed by the consignor.
(c)Any waiver of the requirements of this section is void and unenforceable.
(d)For transportation services provided by a household mover, the Not To Exceed amount set forth in the notice and the agreement between the household mover and the consignor shall be the maximum total dollar amount for which the consignor may be liable for the transportation of household goods and personal effects and any additional services ordered by the consignor, including any bona fide change order permitted under the rules and regulations administered by the bureau, and agreed to by the consignor before any goods or personal effects are moved from their location or any other services are performed.
(e)A household mover may provide the notice set forth in this section either as a separate document or by including it as the centerfold of the informational booklet that the household mover is required to provide the consignor under the rules and regulations administered by the bureau. If the household mover provides the notice as part of the informational booklet, the booklet shall contain a tab that extends beyond the edge of the booklet at the place where the notice is included. The statement Important Notice shall be printed on the tab in at least 12-point boldface type. In addition, the statement Customer Must Read And Sign The Important Notice In The Middle Of This Booklet Before A Move Can Begin shall be set forth in 14-point boldface type on the front cover of the booklet.
(f)The notice provided the consignor shall be in the following form:
IMPORTANT NOTICE ABOUT YOUR MOVE
IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A NOT TO EXCEED AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE NOT TO EXCEED AMOUNT THIS MOVER IS REQUESTING IS $____________________ TO PERFORM THE FOLLOWING SERVICES:
____________________________________________________________
____________________________________________________________
___________________________________________________________.
IF YOU DO NOT AGREE TO THE NOT TO EXCEED AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE MOVERS SERVICE AT NO CHARGE TO YOU.
If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested
services. If you agree to the additional charges on that Change Order, those charges may be added to the NOT TO EXCEED amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the movers services.
A mover cannot refuse to release your goods once you have paid the NOT TO EXCEED amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The NOT TO EXCEED amount must be reasonable.
A mover cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. A mover without a valid permit has no right to withhold your goods for any reason, including claims that you have not adequately paid for services rendered.
For additional information or to confirm whether a mover has a valid permit issued by the Division of Household Movers of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, please call the Bureau toll free at:
Insert toll-free number. | |
I have completed this form and provided
the consumer (shipper) with a copy of this notice. | |
I have been provided with a copy of this form. |
(g)Any document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.
SEC. 35.Section 13108.1 of the Health and Safety Code is amended to read:13108.1.The State Fire Marshal, in consultation with the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following:
(a)Maintain overall building fire safety.
(b)Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire.
SEC. 26.SEC. 36.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)There is in the Department of Consumer Affairs a Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2023.
SEC. 2.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 3.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 5.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 6.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 7.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2023.
SEC. 10.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 11.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2023.
SEC. 12.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2023.
SEC. 14.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 15.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)Consumer goods means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices.
(j)
(k)This section shall become operative on January 1, 2020.
SEC. 16.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents referred to in the contract that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director. director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 17.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 18.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 19.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2023.
SEC. 20.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 21.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2023.
SEC. 23.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 24.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 25.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)There is in the Department of Consumer Affairs a Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.
(2)There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.
(b)The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c)Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(d)Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
(e)Notwithstanding any other law, the powers and duties of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2019. 2023.
SEC. 2.Section 9812.5 of the Business and Professions Code is amended to read:9812.5.The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on his or her own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis. This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 3.Section 9830.5 of the Business and Professions Code is amended to read:9830.5.(a)Each service contractor shall pay the fee required by this chapter for each place of business operated by him or her in this state and shall register with the bureau upon forms prescribed by the director. The forms shall contain sufficient information to identify the service contractor, including name, address, retail sellers permit number, if a permit is required under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), a copy of the certificate of qualification as filed with the Secretary of State if the service contractor is a foreign corporation, and other identifying data to be prescribed by the bureau. If the business is to be carried on under a fictitious name, that fictitious name shall be stated. If the service contractor is a partnership, identifying data shall be stated for each partner. If the service contractor is a private company that does not file an annual report on Form 10-K with the Securities and Exchange Commission, data shall be included for each of the officers and directors of the company as well as for the individual in charge of each place of the service contractors business in the State of California, subject to any regulations the director may adopt. If the service contractor is a publicly held corporation or a private company that files an annual report on Form 10-K with the Securities and Exchange Commission, it shall be sufficient for purposes of providing data for each of the officers and directors of the corporation or company to file with the director the most recent annual report on Form 10-K that is filed with the Securities and Exchange Commission.
(b)A service contractor who does not operate a place of business in this state but who sells, issues, or administers service contracts in this state, shall hold a valid registration issued by the bureau and shall pay the registration fee required by this chapter as if he or she had a place of business in this state.
(c)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 9832.5 of the Business and Professions Code is amended to read:9832.5.(a)Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the director in a manner to best distribute renewal procedures throughout the year.
(b)To renew an unexpired registration, the service contractor shall, on or before the expiration date of the registration, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter.
(c)To renew an expired registration, the service contractor shall apply for renewal on a form prescribed by the director, pay the renewal fee in effect on the last regular renewal date, and pay all accrued and unpaid delinquency and renewal fees.
(d)Renewal is effective on the date that the application is filed, the renewal fee is paid, and all delinquency fees are paid.
(e)For purposes of implementing the distribution of the renewal of registrations throughout the year, the director may extend, by not more than six months, the date fixed by law for renewal of a registration, except that, in that event, any renewal fee that may be involved shall be prorated in such a manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(f)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.(f)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SECTION 1.SEC. 5.Section 9842 of the Business and Professions Code is amended to read:9842.All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 2.SEC. 6.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 3.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:(1)Providing service contract sellers with service contract forms.(2)Participating in the adjustment of claims arising from service contracts.(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.(3)Service contract seller or seller shall not include the following:(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.(e)Service contractor means a service contract administrator or a service contract seller.(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.(g)Obligor is the entity financially and legally obligated under the terms of a service contract.(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.SEC. 7.Section 9847.5 of the Business and Professions Code is amended to read:9847.5.(a)Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 8.Section 9849 of the Business and Professions Code, as amended by Section 7 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.Section 9849 of the Business and Professions Code, as amended by Section 8 of Chapter 428 of the Statutes of 2014, is amended to read:9849.(a)The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)This section shall become operative on January 1, 2019. 2023.
SEC. 10.Section 9851 of the Business and Professions Code, as amended by Section 9 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 11.Section 9851 of the Business and Professions Code, as amended by Section 10 of Chapter 428 of the Statutes of 2014, is amended to read:9851.(a)The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)This section shall become operative on January 1, 2019. 2023.
SEC. 12.Section 9853 of the Business and Professions Code, as amended by Section 11 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.Section 9853 of the Business and Professions Code, as amended by Section 12 of Chapter 428 of the Statutes of 2014, is amended to read:9853.(a)A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)This section shall become operative on January 1, 2019. 2023.
SEC. 14.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 15.Section 9855 is added to the Business and Professions Code, to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
(j)This section shall become operative on January 1, 2020.
SEC. 4.SEC. 16.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents referred to in the contract that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 5.SEC. 17.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 18.Section 9860 of the Business and Professions Code, as amended by Section 14 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 19.Section 9860 of the Business and Professions Code, as amended by Section 15 of Chapter 428 of the Statutes of 2014, is amended to read:9860.(a)The director shall establish procedures for accepting complaints from the public against any service dealer.
(b)This section shall become operative on January 1, 2019. 2023.
SEC. 20.Section 9862.5 of the Business and Professions Code is amended to read:9862.5.(a)If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 21.Section 9863 of the Business and Professions Code, as amended by Section 17 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer or service contractor accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.Section 9863 of the Business and Professions Code, as amended by Section 18 of Chapter 428 of the Statutes of 2014, is amended to read:9863.(a)If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in his or her discretion, may suggest measures that in the directors judgment would compensate the complainant for the damages he or she has suffered as a result of the alleged violation. If the service dealer accepts the directors suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b)This section shall become operative on January 1, 2019. 2023.
SEC. 6.SEC. 23.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 7.SEC. 24.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 8.SEC. 25.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 9.SEC. 26.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.
SEC. 2.Section 9844 of the Business and Professions Code is amended to read:9844.An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customers residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 3.Section 9855 of the Business and Professions Code is amended to read:9855.The definitions used in this section shall govern the construction and terms as used in this chapter:
(a)Service contract means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. Service contract shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. Service contract shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration.
(b)Service contract administrator or administrator means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:
(1)Providing service contract sellers with service contract forms.
(2)Participating in the adjustment of claims arising from service contracts.
(3)Arranging on behalf of service contract sellers the insurance required by Section 9855.2.
A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy.
(c)(1)Service contract seller or seller means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract.
(2)Service contract seller or seller also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract.
(3)Service contract seller or seller shall not include the following:
(A)A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract.
(B)An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a buildings electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices.
(d)Service contractholder means a person who purchases or receives a service contract from a service contract seller.
(e)Service contractor means a service contract administrator or a service contract seller.
(f)Service contract reimbursement insurance policy means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(g)Obligor is the entity financially and legally obligated under the terms of a service contract.
(h)Optical products means prescription and nonprescription eyewear. Optical products shall not include contact lenses of any kind.
(i)The terms consumer goods, manufacturer, retail seller, retailer, and sale shall have the same meanings ascribed to them in Section 1791 of the Civil Code.
SEC. 4.Section 9855.3 of the Business and Professions Code is amended to read:9855.3.(a)(1)The service contract form form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2)The term documents incorporated by reference shall mean all documents referred to in the contract that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3)Each service contract form shall be identified by a unique form number and date of last revision.
(4)Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director.
(b)Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c)Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1)The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2)A service contract reimbursement insurance policy.
(3)Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the sellers service contracts.
(4)Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
SEC. 5.Section 9855.9 of the Business and Professions Code is amended to read:9855.9.This article shall remain in effect only until January 1, 2019, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. repealed.
SECTION 1.SEC. 6.Section 19032 of the Business and Professions Code is amended to read:19032.The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
SEC. 7.Section 19162 of the Business and Professions Code is amended to read:19162.A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, materials includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
SEC. 8.Section 19163 of the Business and Professions Code is amended to read:19163.All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, materials includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
In The director, in accordance with the State Civil Service Act, the director Act and Section 159.5, may appoint and fix the compensation of such inspectors clerical, inspection, investigation, and other auditing personnel as well as a deputy chief, as may be necessary for the administration to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
|
Date
|
Status
|
|---|---|
| Sep 20, 2018 | Chaptered by Secretary of State. Chapter 578, Statutes of 2018. |
| Sep 20, 2018 | Approved by the Governor. |
| Sep 12, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 31, 2018 | Ordered to special consent calendar. |
| Aug 30, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2018 | From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 16). |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 12, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. |
| Jun 4, 2018 | Referred to Com. on B. & P. |
| May 29, 2018 | In Assembly. Read first time. Held at Desk. |
| May 29, 2018 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| May 25, 2018 | From committee: Do pass. (Ayes 7. Noes 0.) (May 25). |
| May 23, 2018 | Set for hearing May 25. |
| May 22, 2018 | May 22 hearing: Placed on APPR. suspense file. |
| May 14, 2018 | Set for hearing May 22. |
| Apr 30, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 26, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 23). |
| Apr 17, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 20, 2018 | Set for hearing April 23. |
| Mar 8, 2018 | Referred to Com. on B., P. & E.D. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | Unfinished Business SB1483 Hill et al. Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2018 | SB 1483 Hill Senate Third Reading By LOW | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB1483 Hill | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 22, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1483
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/23/18
AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 38-0, 5/29/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 80-0, 8/30/18 - See last page for vote
SUBJECT: Department of Consumer Affairs: Bureau of Household Goods and Services: electronic and appliance repair, home furnishings, and thermal insulation
DIGEST:
This bill extends the authority of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (Bureau or BEARHFTI) to administer and enforce the Electronic and Appliance Repair Dealer Registration Law (Law) and Home Furnishings and Thermal Insulation Act (Act) to January 1, 2023, and makes changes intended to improve oversight over the regulated practices.
Assembly Amendments
revise the definition of consumer goods, change the name of the Bureau to the Bureau of Household Goods and Services, add chaptering language, and make other technical and clarifying changes related to service contracts.
Existing law:
- Establishes the Law which requires licensure for those providing repair services for televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use. (Business and Professions Code (BPC) § 9800 et. seq.)
- Establishes the Act which requires licensure of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers.
(BPC § 19000 et. seq.) - Establishes the Household Movers Act which transfers licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to BEARHFTI beginning July 1, 2018. (BPC § 19225 et. seq.)
This bill:
- Extends the operation of the service contract provisions until January 1, 2023.
- Makes a number of changes to service contracts, including:
- Requiring an electronic copy of an invoice to be retained by the service dealer if a consumer received an electronic invoice.
- Clarifying that written estimates can be provided electronically.
- Revising the definition of a service contract to include “consumer goods” in order to better reflect the marketplace of household items that may be repaired.
- Defining the term “documents incorporated by reference” to mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract, as specified;
- Requiring each service contract to be identified by a unique form number and date of last revision; and,
- Specifying that once a service contract form is filed with the Director, no changes can be made unless the text was indicated with a variable text, as specified.
- Makes the changes in a) and b) above to requirements a custom upholsterer must comply with.
- Replaces the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation with the Bureau of Household Goods and Services.
- Makes various technical changes.
Background
Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the Department of Consumer Affairs. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
BEARHFTI. BEARHFTI operates two separate regulatory programs: 1) the HFTI program which is responsible for the oversight and regulation of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers; and, 2) the EAR [Electronic and Appliance Repair] program which includes the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
As a result of SB 19 (Hill, Chapter 421, Statutes of 2017), BEARHFTI is scheduled to assume the licensing and enforcement duties for household movers, which are currently regulated by the PUC beginning July 1, 2018. Given the Bureau’s additional oversight, this bill will rename the Bureau as the Bureau of Household Goods and Services to better reflect the entities which the Bureau regulates.
Service Contract Working Group. BEARHFTI regulates registered service contractors who sell service contracts for the repair of a variety of consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products.
In order to provide an appropriate review of the service contract industry, BEARHFTI established a “Service Contract Working Group” (SCWG) comprised of stakeholders and industry members to help determine which areas of law need updates, clarifications, or revisions, if any.
The SCWG released a report titled Recommendations of the Service Contract Working Group. That report provided a number of recommendations for changes or revisions within the service contract regulatory program. Some of those recommendations included reviewing the jurisdiction of products which service contracts can be offered.
Today, there are a variety of consumer products for which service contracts are available, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. In California, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis. In order to authorize a service contract to be sold with a product, legislative approval is necessary. This bill revises the definition of a “service contract” to more generally apply to a wide range of consumer products. In order to give BEARHFTI time to prepare for additional products being available, potentially expanding the number of service contract administrators, under the revised definition of “service contracts” this bill will delay the change by one year, until January 1, 2020.
Continued Regulation by BEARHFTI. Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI’s continued regulation. BEARHFTI’s role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers. As noted in the Senate Business, Professions and Economic Development Committee staff background paper, BEARHFTI needs to continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; focus on consumer outreach; maintaining product safety and updating regulations as necessary. As a result, this bill subjects the Bureau to review by the appropriate policy committees of the Legislature in four years.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill will result in ongoing costs of approximately $10 million annually for the continued operation of the Bureau until 2023 and notes that by revising the definition of a service contract to generally apply to all “consumer goods” the Bureau anticipates the need for one new position at $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants.
None received
OPPOSITION: (Verified 8/28/18)
None received
ASSEMBLY FLOOR: 80-0, 8/30/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
8/30/18 20:54:22
SENATE THIRD READING
STR Bill Id:SB 1483
Author:(Hill)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Business & Professions | 19-0 | Low, Arambula, Baker, Bloom, Voepel, Chen, Chiu, Cunningham, Eggman, Fong, Gipson, Grayson, Holden, Irwin, McCarty, Medina, Mullin, Obernolte, Ting | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
SUMMARY: Extends the authority of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) to administer and enforce the Electronic and Appliance Repair Dealer Registration Law and Home Furnishings and Thermal Insulation Act to January 1, 2023, and makes changes intended to improve oversight over the regulated practices. Specifically, this bill:
- Specifies that the next sunset review of BEARHFTI shall be performed as if BEARHFTI and the acts under its jurisdiction were scheduled to be repealed on January 1, 2023.
- Renames BEARHFTI to the Bureau of Household Goods and Services and makes conforming changes.
- Extends BEARHFTI's duty to administer and enforce the Electronic and Appliance Repair Dealer Registration Law, Home Furnishings and Thermal Insulation Act, and Household Movers Act until January 1, 2023, and makes conforming changes.
- Clarifies BEARHFTI's authority to hire specified personnel, including investigators, auditors, and a deputy chief.
- Does the following related to service contracts:
- Clarifies that required initial written estimates for the cost of repair may be provided in an electronic format.
- Requires a service dealer who provides a copy of an invoice in an electronic format to retain an electronic copy for at least three years.
- Expands, commencing January 1, 2020, the definition of "consumer goods" to include clothing, consumables, assistive devices sold at retail and elsewhere, and used products.
- Replaces, on January 1, 2020, the list of goods in the definition of "service contracts" with the term "consumer goods."
- Specifies that the service contract forms that service contractors are required to file with BEARHFTI prior to use must be filed no later than 30 days prior to use.
- Defines "documents incorporated by reference" as all documents that are expressly made a part of the contract but that are not a part of the body of the contract, including, but not limited to, invoices, declaration pages, and sales receipts.
- Clarifies that the service contract forms filed with BEARHFTI must include any documents incorporated by reference into a service contract per the contract form.
- Requires the service contract forms filed with BEARHFTI to include a unique number and the date the form was last revised.
- Prohibits changes to the text of a service contract after the service contract form has been filed without resubmission of the form, unless the text was indicated as variable text when the contract is initially filed.
- Does the following related to custom upholsterers:
- Clarifies that required initial written estimate of the price of the labor and materials necessary for a specific job may be provided in an electronic format.
- Requires a custom upholsterer who provides a copy of a work order in an electronic format to retain an electronic copy for at least three years.
- Makes the following technical changes:
- Make changes to the Business and Professions Code to conform references to the Bureau of Electronic Appliance Repair, Home Furnishings, and Thermal Insulation to its new name, the Bureau of Household Goods and Services.
- Make similar conforming changes to other Boards.
- Add chaptering language to avoid conflicts with SB 1491 (Hill) of the current Legislative Session, AB 3261 (Low) of the current Legislative Session, SB 1482 (Hill) of the current Legislative Session, and AB 3110 (Mullin) of the current Legislative Session.
FISCAL EFFECT: According to the Assembly Appropriations Committee,
- Ongoing costs of approximately $10 million annually for the continued operation of the Bureau until 2023 (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund). These funds are fee supported.
- By revising the definition of a service contract to generally apply to all "consumer goods" the Bureau anticipates the need for one new position (Staff Services Analyst) at $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants (various special funds).
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, this bill "is one of four 'sunset bills' the author is sponsoring this year…. [This] bill is necessary to make changes to the Law, Act, and BEARHFTI's operations in order to improve the effectiveness and efficiency of this regulatory entity."
Background. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the Department of Consumer Affairs. The sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. This is the BEARHFTI sunset bill.
BEARHFTI is a state licensing entity that currently oversees two regulatory programs and will soon oversee a third:
- The Home Furnishings and Thermal Insulation (HFTI) program, overseeing and regulating furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers.
- The Electronic and Appliance Repair (EAR) program, which oversees the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
- SB 19 (Hill), Chapter 421, Statutes of 2017 transfers the licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to BEARHFTI beginning July 1, 2018.
Service Contracts. BEARHFTI regulates registered service contractors who sell service contracts for the repair of specified consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products. To assist businesses with complying with the law, BEARHFTI reviews contract filings for deficiencies and works directly with companies to ensure the language is consistent with the requirements of Song-Beverly Consumer Warranty Act.
Currently, the service contracts that are regulated are limited to the consumer products listed under the Electronic and Appliance Repair Dealer Registration Law, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. As the market expands and service contacts cover more types of goods, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis.
Because the minimum requirements that apply to service contracts for consumer products have the same general protections for consumers regardless of the product being serviced, this bill revises the definition of a "service contract" to apply to consumer products generally to prevent the need to include every type of consumer product. The new definition is based on the Song-Beverly Consumer Warranty Act, except that the new definition includes clothes, consumables, used products, and does not limit assistive devices to those sold at retail. To give BEARHFTI time to implement the potentially expanded numbers of service contract administrators, this bill also delays the change by one year, until January 1, 2020.
Unique Identification Numbers and Revision Date. According to BEARHFTI, service contract administrators may issue thousands of contracts per month. BEARHFTI sorts through the contracts to identify those that may not have been filed appropriately or are not in compliance with the law. This bill would require filers to include a unique number and the date of last revision to ensure BEARHFTI is able to identify the contracts in a timely manner.
Electronic Invoicing. Existing law requires service dealers and custom upholsterers to issue invoices, estimates, and work orders in writing. This bill clarifies that electronic documents are considered writing. It also makes conforming changes to the record keeping requirements to ensure they still apply to electronic documents.
Continued Regulation by BEARHFTI. Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI's continued regulation. BEARHFTI's role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers.
As noted in the Senate Business, Professions and Economic Development Committee staff background paper, BEARHFTI needs to: continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; focus on consumer outreach; maintaining product safety and updating regulations as necessary. As a result, this bill extends BEARHFTI's authority to administer the acts by four years and subjects it to review by the appropriate policy committees of the Legislature before the repeal date.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004827
SENATE THIRD READING
STR Bill Id:SB 1483
Author:(Hill)
As Amended Ver:August 20, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Business & Professions | 19-0 | Low, Arambula, Baker, Bloom, Voepel, Chen, Chiu, Cunningham, Eggman, Fong, Gipson, Grayson, Holden, Irwin, McCarty, Medina, Mullin, Obernolte, Ting | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Extends the authority of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) to administer and enforce the Electronic and Appliance Repair Dealer Registration Law and Home Furnishings and Thermal Insulation Act to January 1, 2023, and makes changes intended to improve oversight over the regulated practices. Specifically, this bill:
- Specifies that the next sunset review of BEARHFTI shall be performed as if BEARHFTI and the acts under its jurisdiction were scheduled to be repealed on January 1, 2023.
- Renames BEARHFTI to the Bureau of Household Goods and Services and makes conforming changes.
- Extends BEARHFTI's duty to administer and enforce the Electronic and Appliance Repair Dealer Registration Law, Home Furnishings and Thermal Insulation Act, and Household Movers Act until January 1, 2023, and makes conforming changes.
- Clarifies BEARHFTI's authority to hire specified personnel, including investigators, auditors, and a deputy chief.
- Does the following related to service contracts:
- Clarifies that required initial written estimates for the cost of repair may be provided in an electronic format.
- Requires a service dealer who provides a copy of an invoice in an electronic format to retain an electronic copy for at least three years.
- Expands, commencing January 1, 2020, the definition of "consumer goods" to include clothing, consumables, assistive devices sold at retail and elsewhere, and used products.
- Replaces, on January 1, 2020, the list of goods in the definition of "service contracts" with the term "consumer goods."
- Specifies that the service contract forms that service contractors are required to file with BEARHFTI prior to use must be filed no later than 30 days prior to use.
- Defines "documents incorporated by reference" as all documents that are expressly made a part of the contract but that are not a part of the body of the contract, including, but not limited to, invoices, declaration pages, and sales receipts.
- Clarifies that the service contract forms filed with BEARHFTI must include any documents incorporated by reference into a service contract per the contract form.
- Requires the service contract forms filed with BEARHFTI to include a unique number and the date the form was last revised.
- Prohibits changes to the text of a service contract after the service contract form has been filed without resubmission of the form, unless the text was indicated as variable text when the contract is initially filed.
- Does the following related to custom upholsterers:
- Clarifies that required initial written estimate of the price of the labor and materials necessary for a specific job may be provided in an electronic format.
- Requires a custom upholsterer who provides a copy of a work order in an electronic format to retain an electronic copy for at least three years
FISCAL EFFECT: According to the Assembly Appropriations Committee,
- Ongoing costs of approximately $10 million annually for the continued operation of the Bureau until 2023 (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund). These funds are fee supported.
- By revising the definition of a service contract to generally apply to all "consumer goods" the Bureau anticipates the need for one new position (Staff Services Analyst) at $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants (various special funds).
COMMENTS
Purpose. This bill is sponsored by the author. According to the author, this bill "is one of four 'sunset bills' the author is sponsoring this year…. [This] bill is necessary to make changes to the Law, Act, and BEARHFTI's operations in order to improve the effectiveness and efficiency of this regulatory entity."
Background. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the Department of Consumer Affairs. The sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. This is the BEARHFTI sunset bill.
BEARHFTI is a state licensing entity that currently oversees two regulatory programs and will soon oversee a third:
- The Home Furnishings and Thermal Insulation (HFTI) program, overseeing and regulating furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers.
- The Electronic and Appliance Repair (EAR) program, which oversees the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
- SB 19 (Hill), Chapter 421, Statutes of 2017 transfers the licensing and enforcement duties for household movers from the PUC to BEARHFTI beginning July 1, 2018.
Service Contracts. BEARHFTI regulates registered service contractors who sell service contracts for the repair of specified consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products. To assist businesses with complying with the law, BEARHFTI reviews contract filings for deficiencies and works directly with companies to ensure the language is consistent with the requirements of Song-Beverly Consumer Warranty Act.
Currently, the service contracts that are regulated are limited to the consumer products listed under the Electronic and Appliance Repair Dealer Registration Law, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. As the market expands and service contacts cover more types of goods, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis.
Because the minimum requirements that apply to service contracts for consumer products have the same general protections for consumers regardless of the product being serviced, this bill revises the definition of a "service contract" to apply to consumer products generally to prevent the need to include every type of consumer product. The new definition is based on the Song-Beverly Consumer Warranty Act, except that the new definition includes clothes, consumables, used products, and does not limit assistive devices to those sold at retail. To give BEARHFTI time to implement the potentially expanded numbers of service contract administrators, this bill also delays the change by one year, until January 1, 2020.
Unique Identification Numbers and Revision Date. According to BEARHFTI, service contract administrators may issue thousands of contracts per month. BEARHFTI sorts through the contracts to identify those that may not have been filed appropriately or are not in compliance with the law. This bill would require filers to include a unique number and the date of last revision to ensure BEARHFTI is able to identify the contracts in a timely manner.
Electronic Invoicing. Existing law requires service dealers and custom upholsterers to issue invoices, estimates, and work orders in writing. This bill clarifies that electronic documents are considered writing. It also makes conforming changes to the record keeping requirements to ensure they still apply to electronic documents.
Continued Regulation by BEARHFTI. Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI's continued regulation. BEARHFTI's role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers.
As noted in the Senate Business, Professions and Economic Development Committee staff background paper, BEARHFTI needs to: continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; focus on consumer outreach; maintaining product safety and updating regulations as necessary. As a result, this bill extends BEARHFTI's authority to administer the acts by four years and subjects it to review by the appropriate policy committees of the Legislature before the repeal date.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004094
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1483
Author:(Hill) – As Amended Ver:June 12, 2018
Policy Committee: | Business and Professions | Vote: | 19 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends, from January 1, 2019, to January 1, 2023, the authority of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (Bureau) to administer and enforce the Electronic and Appliance Repair Dealer Registration Law (Law) and Home Furnishings and Thermal Insulation Act (Act), and makes changes intended to improve oversight over the regulated practices. Among this bill’s provisions are technical and conforming changes related to service contracts and service contract dealers.
FISCAL EFFECT:
- Ongoing costs of approximately $10 million annually for the continued operation of the Bureau until 2023 (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund). These funds are fee supported.
- By revising the definition of a service contract to generally apply to all “consumer goods” the Bureau anticipates the need for one new position (Staff Services Analyst) at $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants (various special funds).
COMMENTS:
- Purpose. This bill is the Bureau’s sunset extension bill. According to the author, this bill is necessary to make changes to the Law, Act, and the Bureau’s operations in order to improve the effectiveness and efficiency of this regulatory entity.
- Background. The Bureau is a state licensing entity that currently oversees two regulatory programs and recently acquired a third:
- The Home Furnishings and Thermal Insulation (HFTI) program, overseeing and regulating furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers.
- The Electronic and Appliance Repair (EAR) program, which oversees the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets, the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family, or household use.
- SB 19 (Hill) Chapter 421, Statutes of 2017, establishes the Household Movers Act, which transferred licensing and enforcement duties for household movers from the California Public Utilities Commission (CPUC) to the Bureau, beginning July 1, 2018.
- Service Contracts. The Bureau regulates registered service contractors who sell contracts for the repair of specified consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products. To assist businesses, the Bureau reviews contract filings and works directly with companies to ensure consistency with the requirements of Song-Beverly Consumer Warranty Act.
Regulated service contracts are limited to the consumer products listed under the Electronic and Appliance Repair Dealer Registration Law. As the market has expanded, the products included in the definition of “service contracts” have expanded on a case-by-case basis. Because the minimum requirements that apply to service contracts for consumer products have the same general protections for consumers regardless of the product being serviced, this bill revises the definition of a “service contract” to apply to consumer products generally to prevent the need to include every type of consumer product.
- Prior Legislation. AB 2740 (Bonilla), Chapter 428, Statutes of 2014, extended the operation of the Bureau’s acts to January 1, 2019, and required that the Bureau be subject to review by the appropriate policy committees of the Legislature as if the acts were scheduled to be repealed on January 1, 2019.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
, Chair
SBPCA Bill Id:
Author:() – As Ver:
SENATE VOTE:
SUBJECT:
SUMMARY
: Extends the authority of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) to administer and enforce the Electronic and Appliance Repair Dealer Registration Law and Home Furnishings and Thermal Insulation Act to January 1, 2023, and makes changes to intended to improve oversight over the regulated practices.
EXISTING LAW
:
- Regulates the sale and lease of specified consumer goods under the Song-Beverly Consumer Warranty Act, which establishes consumer protections for the covered transactions, including mandatory disclosures and statutory warranties. (Civil Code (CIV) §§ 1790-1795.8)
- Defines “consumer goods” as any new product or product part that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables, including new and used assistive devices sold at retail. (CIV § 1795(a))
- Regulates the business of electronic and appliance repair under the Electronic and Appliance Repair Dealer Registration Law, which requires registration of repair service dealers, service contract sellers, and service contract administrators that provide repair services or contracts for specified consumer goods for purposes of compliance with the Song-Beverly Consumer Warranty Act. (Business and Professions Code (BPC) §§ 9800-9874)
- Regulates the manufacture, distribution, sale, repair, and cleaning of home furnishings and thermal insulation, including mattresses, furniture, and upholstery, under the Home Furnishings and Thermal Insulation Act, which requires licensure of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers. (BPC §§ 19000-19221)
- Regulates the business of transportation of used household goods and personal effects via motor vehicle over public highways under the Household Movers Act, which requires permitting of household movers and transfers licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to BEARHFTI beginning July 1, 2018. (BPC §§ 19225-19294)
- Establishes BEARHFTI within the Department of Consumer Affairs to administer and enforce, until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law, the Home Furnishings and Thermal Insulation Act, and the Household Movers Act, (BPC §§ 9810-9814.5, 19030-19034.5, 19225.5-19234.1)
- Defines “service contract” as a written contract to perform, for a specified duration, services relating to the maintenance, replacement, or repair of an electronic set or appliance, as defined by this chapter, and their accessories or of furniture, jewelry, lawn and garden equipment, power tools, fitness equipment, telephone equipment, small kitchen appliances and tools, optical products, or home health care products, as specified. (BPC § 9855(a))
- Defines “consumer goods,” “manufacturer,” “retail seller,” “retailer,” and “sale” as having the same meanings defined under the Song-Beverly Consumer Warranties Act. (BPC §9855(i))
- Requires service contractors, before providing a service contract form to a consumer, to file the service contract form with BEARHFTI for approval. (BPC § 9855.3(a))
- Requires insurers to file specified blanket policy forms with the insurance commissioner for approval and requires filings with documents containing variable text or blanks to include complete lists of the variable wording or accurate descriptions of the material to be inserted in lieu of the variable wording or in the blanks of these documents. (Insurance Code § 10270.2(f))
THIS BILL
:
- Specifies that the next sunset review of BEARHFTI shall be performed as if BEARHFTI and the acts under its jurisdiction were scheduled to be repealed on January 1, 2023.
- Extends BEARHFTI’s duty to administer and enforce the Electronic and Appliance Repair Dealer Registration Law, Home Furnishings and Thermal Insulation Act, and Household Movers Act until January 1, 2023, and makes conforming changes.
- Clarifies BEARHFTI’s authority to hire specified personnel, including investigators, auditors, and a deputy chief.
- Does the following related to service contracts:
- Clarifies that required initial written estimates for the cost of repair may be provided in an electronic format.
- Requires a service dealer who provides a copy of an invoice in an electronic format to retain an electronic copy for at least three years.
- Expands, commencing January 1, 2020, the definition of “consumer goods” to include clothing, consumables, assistive devices sold at retail and elsewhere, and used products.
- Replaces, on January 1, 2020, the list of goods in the definition of “service contracts” with the term “consumer goods.”
- Specifies that the service contract forms that service contractors are required to file with BEARHFTI prior to use must be filed no later than 30 days prior to use.
- Defines “documents incorporated by reference” as all documents that are expressly made a part of the contract but that are not a part of the body of the contract, including, but not limited to, invoices, declaration pages, and sales receipts.
- Clarifies that the service contract forms filed with BEARHFTI must include any documents incorporated by reference into a service contract per the contract form.
- Requires the service contract forms filed with BEARHFTI to include a unique number and the date the form was last revised.
- Prohibits changes to the text of a service contract after the service contract form has been filed without resubmission of the form, unless the text was indicated as variable text when the contract is initially filed.
- Does the following related to custom upholsterers:
- Clarifies that required initial written estimate of the price of the labor and materials necessary for a specific job may be provided in an electronic format.
- Requires a custom upholsterer who provides a copy of a work order in an electronic format to retain an electronic copy for at least three years
FISCAL EFFECT
: According to the Senate Appropriations Committee on the April 30, 2018 version of this bill:
- Ongoing costs of approximately $10 million each year for the continued operation of the BEARHFTI until 2023. (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund)
- By revising the definition of a service contract to generally apply to all “consumer goods” the BEARHFTI anticipates the need for one new position (Staff Services Analyst) and $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants. (various special funds)
COMMENTS
:
Purpose. This bill is sponsored by the author. According to the author, this bill “is one of four ‘sunset bills’ the Author is sponsoring this year. According to the Author, this bill is necessary to make changes to the Law, Act and BEARHFTI’s operations in order to improve the effectiveness and efficiency of this regulatory entity.”
Background. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the Department of Consumer Affairs. The sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. This is the BEARHFTI sunset bill.
BEARHFTI is a state licensing entity that currently oversees two regulatory programs and will soon oversee a third:
- The Home Furnishings and Thermal Insulation (HFTI) program, overseeing and regulating furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers.
- The Electronic and Appliance Repair (EAR) program, which oversees the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
- SB 19 (Hill) Chapter 421, Statutes of 2017 transfers the licensing and enforcement duties for household movers from the PUC to BEARHFTI beginning July 1, 2018.
Service Contracts. BEARHFTI regulates registered service contractors who sell service contracts for the repair of specified consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products. To assist businesses with complying with the law, BEARHFTI reviews contract filings for deficiencies and works directly with companies to ensure the language is consistent with the requirements of Song-Beverly Consumer Warranty Act.
Currently, the service contracts that are regulated are limited to the consumer products listed under the Electronic and Appliance Repair Dealer Registration Law, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. As the market expands and service contacts cover more types of goods, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis.
Because the minimum requirements that apply to service contracts for consumer products have the same general protections for consumers regardless of the product being serviced, this bill revises the definition of a “service contract” to apply to consumer products generally to prevent the need to include every type of consumer product. The new definition is based on the Song-Beverly Consumer Warranty Act, except that the new definition includes clothes, consumables, used products, and does not limit assistive devices to those sold at retail. To give BEARHFTI time to implement the potentially expanded numbers of service contract administrators, this bill also delays the change by one year, until January 1, 2020.
Unique Identification Numbers and Revision Date. According to BEARHFTI, service contract administrators may issue thousands of contracts per month. BEARHFTI sorts through the contracts to identify those that may not have been filed appropriately or are not in compliance with the law. This bill would require filers to include a unique number and the date of last revision to ensure BEARHFTI is able to identify the contracts in a timely manner.
Electronic Invoicing. Existing law requires service dealers and custom upholsterers to issue invoices, estimates, and work orders in writing. This bill clarifies that electronic documents are considered writing. It also makes conforming changes to the record keeping requirements to ensure they still apply to electronic documents.
Continued Regulation by BEARHFTI. Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI’s continued regulation. BEARHFTI’s role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers. As noted in the Senate Business, Professions and Economic Development Committee staff background paper, BEARHFTI needs to: continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; focus on consumer outreach; maintaining product safety and updating regulations as necessary. As a result, this bill extends BEARHFTI’s authority to administer the acts by four years and subjects it to review by the appropriate policy committees of the Legislature before the repeal date.
Current Related Legislation. AB 3141 (Low) of the current Legislative Session extends the sunset date of the Bureau of Automotive Repair and its authority to appoint an executive officer by four years, until January 1, 2023, and makes other changes related to automotive repair dealers. STATUS: This bill is pending hearing in the Senate Committee on Business, Professions, and Economic Development.
AB 3142 (Low) of the current Legislative Session extends the operation of the California Acupuncture Board (CAB) and the CAB’s authority to appoint an executive officer by two years and makes technical and clarifying changes to the Acupuncture Licensure Act. STATUS: This bill is pending hearing in the Senate Committee on Business, Professions, and Economic Development.
AB 3143 (Low) of the current Legislative Session extends the sunset date for the California Tax Education Council (CTEC) and its authority to register paid tax preparers, from January 1, 2019 to January 1, 2023, and makes updating changes to CTEC’s registration and enforcement process. STATUS: This bill is pending hearing in the Senate Committee on Business, Professions, and Economic Development.
AB 3144 (Low) of the current Legislative Session extends the sunset date of the Professional Fiduciaries Bureau by four years, until January 1, 2023, and makes updating changes relating to fiduciary education, duties, and requirements. STATUS: This bill is pending hearing in the Senate Committee on Business, Professions, and Economic Development.
SB 1481 (Hill) of the current Legislative Session makes changes to the structural pest control licensing laws to improve oversight of the licensees and entities regulated by the Structural Pest Control Board (SPCB) and extends the sunset date of the SPCB until January 1, 2023. STATUS: This bill is pending hearing in the Assembly Committee on Environmental Safety and Toxic Materials.
SB 1482 (Hill) of the Current Legislative Session extends the sunset date for the Dental Hygiene Committee of California (DHCC) until January 1, 2023; renames and reestablishes the DHCC as the Dental Hygiene Board of California and clarifies DHCC’s position as an independent regulatory board; and makes updating, conforming, and technical changes to the Dental Practice Act relating to dental hygiene. STATUS: This bill is pending hearing in this Committee.
Prior Related Legislation. AB 2740 (Bonilla), Chapter 428, Statutes of 2014 extended the operation of BEARHFTI’s acts to January 1, 2019, and requires that BEARHFTI be subject to review by the appropriate policy committees of the Legislature as if the acts were scheduled to be repealed on January 1, 2019.
IMPLEMENTATION ISSUES:
Variable Text. To improve efficiency and accuracy in contract drafting, contract drafters and administrators often use document automation applications or processes. Professionals often use contracts to outline the obligations between the professional and the consumer. Those who provide a consistent set of services or who have statutorily mandated contract provisions, such as attorneys, insurers, and repair service contractors, often use the same contract template but may change out the names, duration, values, or other boilerplate text.
This bill clarifies that service contractors must refile a service contract form if the text of the contract changes. It also provides that the service contractor does not need to refile if the text was indicated as variable text. However, it does not define variable text, and it does not specify the extent of what may be indicated as variable text.
Existing law for blanket insurers allows policy forms to indicate variable texts or contain blank fields when filed for approval with the insurance commissioner. However, it also requires documents with variable text or blank fields to be filed with the complete list of the variable text or accurate descriptions of the material to be inserted in lieu of the variable text or in the blank fields.
If this bill passes this Committee, the author may wish to work with BEARHFTI and stakeholders to clarify what may be indicated as variable text or require forms with variable text to include the list of text that may be swapped out. For example:
9855.3. (a)(4) Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director. and the filing included the complete list of the variable text or accurate descriptions of the material to be inserted in lieu of the variable text or in the blanks of the service contract.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1483
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/23/18
AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill makes various changes to the Electronic and Appliance Repair Dealer Registration Law (Law) and Home Furnishings and Thermal Insulation Act (Act) intended to improve oversight of entities regulated by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) and subjects BEARHFTI to review by the appropriate policy committees of the Legislature.
Existing law:
- Establishes the Law which requires licensure for those providing repair services for televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use. (Business and Professions Code (BPC) § 9800 et. seq.)
- Establishes the Act which requires licensure of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers.
(BPC § 19000 et. seq.) - Establishes the Household Movers Act which transfers licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to BEARHFTI beginning July 1, 2018. (BPC § 19225 et. seq.)
This bill:
- Extends the operation of the service contract provisions until January 1, 2023.
- Makes a number of changes to service contracts, including:
- Requiring an electronic copy of an invoice to be retained by the service dealer if a consumer received an electronic invoice.
- Clarifying that written estimates can be provided electronically.
- Revising the definition of a service contract to include “consumer goods” in order to better reflect the marketplace of household items that may be repaired.
- Makes the changes in a) and b) above to requirements a custom upholsterer must comply with.
- Makes various technical changes.
Background
Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the Department of Consumer Affairs. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
BEARHFTI. BEARHFTI operates two separate regulatory programs: 1) the HFTI program which is responsible for the oversight and regulation of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers; and, 2) the EAR [Electronic and Appliance Repair] program which includes the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
As a result of SB 19 (Hill, Chapter 421, Statutes of 2017), BEARHFTI is scheduled to assume the licensing and enforcement duties for household movers, which are currently regulated by the PUC beginning July 1, 2018.
Service Contract Working Group. BEARHFTI regulates registered service contractors who sell service contracts for the repair of a variety of consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products.
In order to provide an appropriate review of the service contract industry, BEARHFTI established a “Service Contract Working Group” (SCWG) comprised of stakeholders and industry members to help determine which areas of law need updates, clarifications, or revisions, if any.
The SCWG released a report titled Recommendations of the Service Contract Working Group. That report provided a number of recommendations for changes or revisions within the service contract regulatory program. Some of those recommendations included reviewing the jurisdiction of products which service contracts can be offered.
Today, there are a variety of consumer products for which service contracts are available, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. In California, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis. In order to authorize a service contract to be sold with a product, legislative approval is necessary. This bill revises the definition of a “service contract” to more generally apply to a wide range of consumer products. In order to give BEARHFTI time to prepare for additional products being available, potentially expanding the number of service contract administrators, under the revised definition of “service contracts” this bill will delay the change by one year, until January 1, 2020.
Continued Regulation by BEARHFTI. Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI’s continued regulation. BEARHFTI’s role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers. As noted in the Senate Business, Professions and Economic Development Committee staff background paper, BEARHFTI needs to continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; focus on consumer outreach; maintaining product safety and updating regulations as necessary. As a result, this bill subjects the Bureau to review by the appropriate policy committees of the Legislature in four years.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Ongoing costs of approximately $10 million each year for the continued operation of the BEARHFTI until 2023. (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund)
- By revising the definition of a service contract to generally apply to all “consumer goods”, the BEARHFTI anticipates the need for one new position (Staff Services Analyst) and $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants (various special funds).
None received
OPPOSITION: (Verified 5/24/18)
5/26/18 15:26:31
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1483 (Hill) - Department of Consumer Affairs: electronic and appliance repair, home furnishings, and thermal insulation
Version: April 30, 2018 | Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 22, 2018 | Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill would make various changes to the Electronic and Appliance Repair Dealer Registration Law and Home Furnishings and Thermal Insulation Act (Act) to improve oversight of entities regulated by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (Bureau). This bill would also extend the Law until January 1, 2023.
Fiscal Impact:
- Ongoing costs of approximately $10 million each year for the continued operation of the Bureau until 2023. (Electronic and Appliance Repair Fund, Home Furnishings and Thermal Insulation Fund, and Household Movers Fund)
- By revising the definition of a service contract to generally apply to all “consumer goods”, the Bureau anticipates the need for one new position (Staff Services Analyst) and $89,000 in 2019-20 and $81,000 ongoing to review additional service contracts from new and existing registrants (various special funds).
Background:
Current law establishes the Electronic and Appliance Repair Dealer Registration Law (Law), which requires licensure for those providing repair services for televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets, the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
Existing law establishes the Act, which requires licensure of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers.
Existing law establishes the Household Movers Act, which transfers licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to the Bureau, beginning July 1, 2018.
Proposed Law:
This bill would extend the Law until January 1, 2023, subject the Bureau to review by the appropriate policy committees of the Legislature by January 1, 2023, and make a number of changes to service contracts, including:
- Requiring an electronic copy of an invoice to be retained by the service dealer if a consumer received an electronic invoice.
- Clarifying that written estimates can be provided electronically.
- Revising the definition of a service contract to include “consumer goods” in order to better reflect the marketplace of household items that may be repaired.
This bill would apply the changes in 1) and 2) above to the compliance requirements of custom upholsterers, and make other technical and conforming changes related to service contracts and service contract dealers, as specified.
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SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: SB 1483 Hearing Date: April 23, 2018
Author: | Hill | ||
Version: | April 17, 2018 | ||
Urgency: | Fiscal: | ||
Consultant: | Sarah Mason | ||
Subject: Home furnishings and thermal insulation
SUMMARY: Makes various changes to the Electronic and Appliance Repair Dealer Registration Law (Law) and Home Furnishings and Thermal Insulation Act (Act) intended to improve oversight of entities regulated by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) and extends the Law until January 1, 2023.
Existing law:
- Establishes the Law which requires licensure for those providing repair services for televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
(Business and Professions Code (BPC) § 9800 et. seq.) - Establishes the Act which requires licensure of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, and bedding sanitizers.
(BPC § 19000 et. seq.) - Establishes the Household Movers Act which transfers licensing and enforcement duties for household movers from the Public Utilities Commission (PUC) to BEARHFTI beginning July 1, 2018. (BPC § 19225 et. seq.)
This bill:
- Extends the Law until January 1, 2023.
- Makes a number of changes to service contracts, including:
- Requiring an electronic copy of an invoice to be retained by the service dealer if a consumer received an electronic invoice.
- Clarifying that written estimates can be provided electronically.
- Revises the definition of a service contract to include “consumer goods” in order to better reflect the marketplace of household items that may be repaired.
- Makes the changes in a) and b) above to requirements a custom upholsterer must comply with.
- Makes various technical changes.
FISCAL EFFECT: Unknown. This bill is keyed “fiscal” by Legislative Counsel.
COMMENTS:
- Purpose. This bill is sponsored by the Author. According to the Author’s office, this bill is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the BEARHFTI’s Sunset Review process. This measure is one of four “sunset bills” the Author is sponsoring this year. According to the Author, this bill is necessary to make changes to the Law, Act and BEARHFTI’s operations in order to improve the effectiveness and efficiency of this regulatory entity.
- Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the DCA including: BEARHFTI, Acupuncture Board, Bureau of Automotive Repair, Professional Fiduciaries Bureau, Structural Pest Control Board, California Tax Education Council, and Dental Hygiene Committee of California.
The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
- Background on BEARHFTI. BEARHFTI was established in 2009 with the enactment of ABX4 20 (Strickland, Chapter 18, Statutes of 2009). That bill merged the separate Bureau of Home Furnishings and Thermal Insulation (HFTI) and the Bureau of Electronic and Appliance Repair (EAR) into one regulatory entity.
Today, BEARHFTI (although merged) continues to operate two separate regulatory programs: 1) the HFTI program which is responsible for the oversight and regulation of furniture and bedding manufacturers, importers, wholesalers, retailers, supply dealers, custom upholsterers, thermal insulation manufacturers, bedding sanitizers; and, 2) the EAR program which includes the repair of televisions, microwave ovens, audio and video playback equipment, video cameras, video games, copiers, computer systems, smart phones, tablets/ the repair and installation of auto stereo and alarm equipment, interlock ignition devices and residential satellite/antenna equipment, major home appliances, such as refrigerators, freezers, stoves/ovens, washer, dryers, dishwashers and trash compactors, and the sale and administration of service contracts for various consumer items sold or used for personal, family or household use.
As a result of SB 19 (Hill, Chapter 421, Statutes of 2017), BEARHFTI is scheduled to assume the licensing and enforcement duties for household movers, which are currently regulated by the PUC beginning July 1, 2018.
With the addition of the Household Movers Program, BEARHFTI will oversee three separate regulatory programs under its jurisdictional umbrella. Currently, BEARHFTI licenses/registers businesses, it does not license individuals. The applicable laws for electronic and appliance repair dealers are specified in BPC § 9800 et seq., home furnishings are specified in BPC § 19000 et seq., and household movers are specified in BPC § 19235 et seq. BEARHFTI currently regulates approximately 15 licensure categories throughout both programs.
- Review of the BEARHFTI – Issues Identified and Recommended Changes. The following are some of the issues pertaining to BEARHFTI that may require statutory changes, along with background information concerning the particular issue. Recommendations were made by Committee staff regarding the particular issue areas which needed to be addressed.
- Issue: Service Contract Working Group.
Background: As part of the EAR program, BEARHFTI regulates registered service contractors who sell service contracts for the repair of a variety of consumer products in California. Retailers are required to hold a valid registration in order to act as a service contract seller and those retailers with multiple locations are required to have a separate registration for each location that sells service contracts. Further, companies offering a contract via the internet must also have a registration for contracts sold to California residents. Service contracts generally provide for the pre-paid repair or replacement of specified consumer products.
Today, there are a variety of consumer products for which service contracts are available, including furniture, electronics, appliances, home healthcare products, jewelry, fitness equipment, and most recently, eye wear, among many others. In California, the products that are included in the definition of service contracts have expanded overtime on a case-by-case basis. In order to authorize a service contract to be sold with a product, legislative approval is necessary.
Upon completion of the market condition assessment required by AB 2740, BEARHFTI determined that it needed to conduct an additional assessment of the service contract industry. In order to provide an appropriate review of the industry, BEARHFTI established a “Service Contract Working Group” (SCWG) comprised of stakeholders and industry members to help determine which areas of law need updates, clarifications, or revisions, if any. The SCWG was comprised of 8 members including representatives from: Macy’s; Best Buy; Professional Servicers Association of California; Cozen O’Connor; Meenan Law Firm/Service Contract Industry Council; the California Department of Insurance; BEARHFTI’s Advisory Council; and, the California Retailers Association.
The SCWG recently released a report titled Recommendations of the Service Contract Working Group. That report provided a number of recommendations for changes or revisions within the service contract regulatory program. Some of those recommendations include, but are not limited to, ensuring product cancellation of coverage consistency (making a 30-day cancellation period consistent across products); 2) reviewing the jurisdiction of products which service contracts can be offered, 3) creating a better definition between service contracts and insurance; and 4), updating insurer’s notification requirements to BEARHFTI. There have not yet been changes or statutory updates stemming from the SCWG’s recommendations. It would be helpful for the Committees to better understand the impacts of proposed changes and determine what updates, if any, should be made.
Staff Recommendation: BEARHFTI should advise the Committees on the SCWG’s efforts, including any potential impacts to consumers, the public or licensees that BEARHFTI anticipates from implementing any of the recommendations of the SCWG’s report.
This bill includes many of the changes stemming from the SCWG’s report, and extends the regulation of service contracts and service contractors under the jurisdiction of the BEARHFTI by four years, until January 1, 2023.
- Issue: Continued Regulation by BEARHFTI.
Background: Although the BEARHFTI reports a decrease in enforcement-related actions, there are still a substantial number of complaints being received and investigated by BEARHFTI and a number of enforcement activities with respect to out-of-country, out-of-state, and unlicensed activity that warrants BEARHFTI’s continued regulation. BEARHFTI’s role in ensuring flammability labeling standards, ensuring safe furniture and other consumer products, administering and enforcing contract service providers, along with its new role overseeing the household movers industry helps to maintain the health, safety and welfare of consumers. As noted above, BEARHFTI needs to continue to monitor its licensee population to ensure that only products which necessitate continued regulation are regulated; BEARHFTI needs to focus on consumer outreach, maintaining product safety and updating regulations as necessary.
The current regulation of electronic and appliance repair, thermal insulation, home furnishings, and household movers industries should be subject to a four-year sunset date as is consistent with other regulated professions under the jurisdiction of the DCA. A sunset date provides the legislature, the professions, and stakeholders with an opportunity to determine whether or not continued regulation of the profession is necessary, along with the opportunity to review the effectiveness and efficiency of the agency in protecting consumers, and identify whether changes in the law or operations are necessary. To that end, BEARHFTI along with its licensing and registration programs should be subject to repeal and reviewed again in four years so that the Legislature may once again determine whether the issues and recommendations in this Background Paper have been addressed, and whether or not the licensed and registered entities within the BEARHFTI should be reduced, expanded or remain the same.
Recommendation and Proposed Statutory Change: Recommend that the licensing and regulation of the electronic and appliance repair industry, the home furnishings industry, service contract industry, thermal insulation industry and soon-to-be household movers industry, continue to be regulated by BEARHFTI in order to protect the interests of the public and the regulated professions and BEARHFTI be reviewed once again in four years.
- Proposed Author’s Amendments. This bill includes a sunset extension of the regulation of service contracts and service contract dealers under the jurisdiction of the BEARHFTI, however not all relevant code sections were incorporated under the provisions of this bill. In order to make necessary technical changes, the Author has proposed amendments to include all relevant BPC sections related to service contracts and service contract dealers.
As the BEARHFTI is subject to review by the appropriate policy committees, the Author has proposed amendments to subject the BEARHFTI to review by the appropriate policy committees of the Legislature by January 1, 2023.
In order to provide the BEARHFTI time to adjust to the revised definition of a service contract, the Author has proposed amendments to delay implementation of the revised definition of a service contract until January 1, 2020.
SUPPORT AND OPPOSITION:
Support:
None on file as of April 17, 2018.
Opposition:
None on file as of April 17, 2018.
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Discussed in Hearing
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
1MIN
Assembly Standing Committee on Business and Professions
57SEC
Senate Floor
1MIN
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
Bill Co-Author(s):
