California Assembly Bill AB1949 Introduced / Bill

 BILL NUMBER: AB 1949INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Baker FEBRUARY 12, 2016 An act to amend Sections 301, 302, and 303 of the Business and Professions Code, relating to consumers. LEGISLATIVE COUNSEL'S DIGEST AB 1949, as introduced, Baker. Department of Consumer Affairs. Existing law establishes the Department of Consumer Affairs and states it is the intent of the Legislature to promote and protect the interests of the people as consumers, and that the government advances the interests of consumers by, among other things, protecting consumers from the sale of goods and services through the use of deceptive methods, acts, or practices that are inimical to the general welfare of consumers. Existing law defines terms for those purposes and establishes a Division of Consumer Services, within the department, and provides that the division is under the supervision and control of a chief. This bill would make nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 301 of the Business and Professions Code is amended to read: 301. It is the intent of the Legislature and the purpose of this chapter to promote and protect the interests of the people as consumers. The Legislature finds that vigorous representation and protection of consumer interests are essential to the fair and efficient functioning of a free enterprise market economy. The Legislature declares that government advances the interests of consumers by facilitating the proper functioning of the free enterprise market economy through (a) educating and informing the consumer to  insure   ensu   re  rational consumer choice in the marketplace; (b) protecting the consumer from the sale of goods and services through the use of deceptive methods, acts, or practices  which   that  are inimical to the general welfare of consumers; (c) fostering competition; and (d) promoting effective representation of consumers' interests in all branches and levels of government. SEC. 2. Section 302 of the Business and Professions Code is amended to read: 302. As used in this chapter, the following terms  shall  have the following meanings: (a) "Department" means the Department of Consumer Affairs. (b) "Director" means the Director  of the Department  of Consumer Affairs. (c) "Consumer" means  any   an individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. (d) "Person" means an individual, partnership, corporation, limited liability company, association, or other group, however organized. (e) "Individual" does not include a partnership, corporation, association, or other group, however organized. (f) "Division" means the Division of Consumer Services. (g) "Interests of consumers" is limited to the cost, quality, purity, safety, durability, performance, effectiveness, dependability, availability, and adequacy of choice of goods and services offered or furnished to consumers and the adequacy and accuracy of information relating to consumer goods, services, money, or  credit (including   credit, including  labeling, packaging, and advertising of contents, qualities, and terms of  sales).   sales.  SEC. 3. Section 303 of the Business and Professions Code is amended to read: 303. There is in the department a Division of Consumer Services under the supervision and control of a chief. The chief shall be appointed by the Governor and shall serve at his  or her  pleasure. His  or her  compensation shall be fixed by the director in accordance with law.