BILL NUMBER: AB 282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 11, 2015
An act to amend Section 19006 of the Business and
Professions Code, relating to business. add Chapter 35
(commencing with Section 2 2948.8) to Division 8 of the
Busine ss and Professions Code, and to add Sections 1503.3
and 1596.848 to the Health and Safety Code, relating to window
coverings.
LEGISLATIVE COUNSEL'S DIGEST
AB 282, as amended, Eggman. Home furnishings.
Corded window coverings.
Existing law generally regulates various business activities and
practices, including the sale of cordless telephones within the
state.
This bill would, beginning January 1, 2017, make it unlawful to
sell to a purchaser located in the state a corded window covering.
The bill would define "corded window covering" as a window covering,
including, but not limited to, blinds, curtains, draperies, and
shades, that has an accessible cord, and would define "accessible
cord" as any cord with a length of over 7 3/4 inches, including a
cord that can be extended or pulled to exceed 7 3/4 inches. The bill
would authorize a corded window covering for which an accessible cord
cannot be eliminated, as specified, to be sold to a purchaser
located in the state only if the accessible cord is made inaccessible
through the use of an effective passive guarding device, such as a
cord cover.
Existing law provides for the licensing and regulation of
community care facilities, including, among others, residential
facilities, foster family homes, certified family homes, and group
homes by the State Department of Social Services. Existing law also
provides for the licensing and regulation of child day care
facilities by the department. A person who violates a law relating to
community care facilities, or who willfully or repeatedly violates a
law relating to child day care facilities, is guilty of a
misdemeanor.
This bill would require a community care facility or
child day care facility that serves children under 6 years of
age to remove all corded window coverings or make the accessible cord
inaccessible through the use of an effective passive guarding device
by January 1, 2019. By expanding the scope of a crime, this bill
would impose a state-mandated local program.
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, the Home Furnishings and Thermal Insulation Act,
provides for the licensure and regulation of, among others,
upholstered-furniture manufacturers by the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation. Existing
law defines "upholstered furniture" for purpose of the act.
This bill would make nonsubstantive changes to that definition.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 35 (commencing with Section
22948.8) is added to Division 8 of the Business and
Professions Code , to read:
CHAPTER 35. CORDED WINDOW COVERINGS
22948.8. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Accessible cord" means any cord with a length of over seven
and three-quarter inches, including a cord that can be extended or
pulled to exceed seven and three-quarter inches.
(b) "Corded window covering" means a window covering, including,
but not limited to, blinds, curtains, draperies, and shades, that has
an accessible cord.
22948.9. (a) Except as provided in subdivision (b), it is
unlawful to sell to a purchaser located in this state a corded window
covering.
(b) If an accessible cord cannot be eliminated from a corded
window covering due to the large size of the window covering or for
another reason, the corded window covering may be sold to a purchaser
located in this state only if the accessible cord is made
inaccessible through the use of an effective passive guarding device,
such as a cord cover.
22949. This chapter shall become operative on January 1, 2017.
SEC. 2. Section 1503.3 is added to the
Health and Safety Code , to read:
1503.3. (a) For the purposes of this section, the terms
"accessible cord" and "corded window covering" have the same meaning
as in Section 22948.8 of the Business and Professions Code.
(b) By January 1, 2019, every facility licensed or certified
pursuant to this chapter that serves children under six years of age
shall remove all corded window coverings or make the accessible cord
inaccessible through the use of an effective passive guarding device,
such as a cord cover.
SEC. 3. Section 1596.848 is added to the
Health and Safety Code , to read:
1596.848. (a) For the purposes of this section, the terms
"accessible cord" and "corded window covering" have the same meaning
as in Section 22948.8 of the Business and Professions Code.
(b) By January 1, 2019, a child day care facility that serves
children under six years of age shall remove all corded window
coverings or make the accessible cord inaccessible through the use of
an effective passive guarding device, such as a cord cover.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 19006 of the Business and
Professions Code is amended to read:
19006. "Upholstered furniture" shall mean any furniture,
including children's furniture, movable or stationary, which is made
or sold with cushions or pillows, loose or attached, or is itself
stuffed or filled in whole or in part with any material, is or can be
stuffed or filled in whole or in part with any substance or
material, hidden or concealed by fabric or any other covering,
including cushions or pillows belonging to or forming a part thereof,
together with the structural units, the filling material and its
container and its covering which can be used as a support for the
body of a human being, or his or her limbs and feet when sitting or
resting in an upright or reclining position. "Upholstered Furniture"
does not include furniture used exclusively for the purpose of
physical fitness and exercise.