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AB-795 Unlawful sale of equipment, supplies, or services.(2023-2024)



Current Version: 02/13/23 - Introduced

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AB795:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 795

Introduced by Assembly Member Flora

February 13, 2023

An act to amend Section 128 of the Business and Professions Code, relating to consumer affairs.


LEGISLATIVE COUNSEL'S DIGEST


AB 795, as introduced, Flora. Unlawful sale of equipment, supplies, or services.
Existing law makes it a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements provided by law. Existing law excludes cash sales of less than $100 from these provisions. Existing law provides that a violation of these provisions is punishable by a fine of not less than $1,000 and by imprisonment in the county jail not exceeding 6 months.
This bill would instead exclude cash sales of less than $200 from these provisions. The bill would also provide that a violation of these provisions is punishable by a fine of not less than $2,000 and by imprisonment in the county jail not exceeding 6 months. This bill would also make nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 128 of the Business and Professions Code is amended to read:

128.
 Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements of this code.
The provisions of this section shall is not be applicable to cash sales of less than one two hundred dollars ($100). ($200).
For the purposes of this section, “person” includes, but is not limited to, a company, partnership, limited liability company, firm, or corporation.
For the purposes of this section, “license” includes certificate or registration.
A violation of this section shall be is punishable by a fine of not less than one two thousand dollars ($1,000) ($2,000) and by imprisonment in the county jail not exceeding six months.