BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2073|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2073
Author: Matthews (D)
Amended: 4/5/06 in Assembly
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 5-0, 6/12/06
AYES: Figueroa, Aanestad, Florez, Morrow, Simitian
ASSEMBLY FLOOR : 75-0, 4/20/06 - See last page for vote
SUBJECT : Home improvement: exemption for fire alarm
installation
SOURCE : California Alarm Association
DIGEST : This bill exempts the sale, installation, and
servicing of a fire alarm sold in conjunction with an alarm
system, if all costs associated with the fire alarm do not
exceed $500, and will exempt any costs associated with
monitoring a burglar or fire alarm system from the home
improvement contract regulations, and requires the alarm
system licensees to instead meet certain other conditions.
ANALYSIS :
Existing law
1.Provides for the licensing and regulation of contractors
by the Contractors' State License Board (CSLB).
CONTINUED
AB 2073
Page
2
2.Defines a "home improvement contract" and requires home
improvement contracts and service and repair contracts to
comply with certain requirements and contain specified
language.
3.Defines a "home solicitation contract" and requires home
solicitation contracts to comply with certain
requirements. Provides the purchaser of a home
solicitation contract the right to cancel until midnight
of the third business day.
4.Provides for the licensing and regulation of alarm
company operators by the Bureau of Security and
Investigative Services.
5.Requires alarm system contracts, including lease
agreements, monitoring agreements, and service
agreements, to comply with certain customer notification
requirements relating to installation labor, services and
materials.
This bill:
1.Exempts from the home improvement contract requirements
a fire alarm sold in conjunction with a security alarm
system; provided that all costs associated with making
the fire alarm system operable do not exceed $500, and
provided the alarm company operator does all of the
following:
A. Complies with existing alarm system contract
requirements.
B. Complies with existing home solicitation contract
requirements.
C. Executes a certification statement within the
contract, or separate from the contract, signed by
all parties to the contract that all costs
associated with making the fire alarm system
operable do not exceed $500, and certifies that
statement as true and accurate. Further requires
the certification document or contract to include
the address of the residence and the contact
AB 2073
Page
3
information and license number of the contractor.
D. Provides the customer with copies of all
contracts and documents.
E. Retains all contracts and documents for five
years, and makes available to the CSLB within 30
days of written request.
2.Establishes that failure to provide the CSLB with the
certification or contract within 30 days of written
request creates a presumption of violation of this
section, unless evidence to the contrary is presented
within the time frame specified by the CSLB.
3.Exempts all costs associated with monitoring a burglar
or fire alarm system from the home improvement contract
requirements.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/13/06)
California Alarm Association (source)
ARGUMENTS IN SUPPORT : According to the sponsor of this
bill, the California Alarm Association, this bill is needed
to clarify a conflict between two competing statutes
regulating the type of contracts an alarm company must use
when installing an alarm system that has both a burglar and
fire monitoring system.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Benoit, Berg, Bermudez,
Blakeslee, Bogh, Canciamilla, Chan, Chavez, Chu, Cogdill,
Cohn, Coto, Daucher, De La Torre, DeVore, Dymally,
Emmerson, Evans, Frommer, Garcia, Goldberg, Hancock,
Harman, Jerome Horton, Shirley Horton, Houston, Huff,
Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La Suer,
Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu, Matthews,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nation,
Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
AB 2073
Page
4
Saldana, Spitzer, Strickland, Torrico, Tran, Umberg,
Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Bass, Calderon, Haynes, Maze, Salinas
JJA:do 6/13/2006 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****