BILL NUMBER: AB 1581	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wieckowski
   (Principal coauthor: Senator Wolk)

                        FEBRUARY 2, 2012

   An act to add Section 17537.15 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1581, as amended, Wieckowski. Advertising: business location
representations: floral businesses.
   Existing law provides for the regulation of advertising in this
state and makes certain advertising practices unlawful. A violation
of the provisions regulating advertising is a  crime
  misdemeanor  .
   This bill would make it  unlawful   an
infraction, punishable by a fine not to exceed $250,  for a
provider or vendor of floral or ornamental products or services, as
defined, to misrepresent the geographic location of its business by
either (1) listing a local telephone number in any listing or
advertisement, unless the advertisement or listing identifies the
true physical address, including the city, of the provider's or
vendor's business; or (2) listing a fictitious business name or an
assumed business name in any listing or advertisement, if the name
misrepresents the location of the business and the listing or
advertisement does not identify the true physical address of the
business. This bill would also state that it does not create or
impose any obligation or duty upon a person other than a vendor or
provider as described above.
   By creating new advertising prohibitions, the violation of which
would be 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17537.15 is added to the Business and
Professions Code, to read:
   17537.15.  (a) For purposes of this section, "floral or ornamental
products or services" means floral arrangements, cut flowers, floral
bouquets, potted plants, balloons, floral designs, and related
products and services.
   (b) For the purposes of this section, "local telephone number"
means a specific telephone number (area code and prefix) assigned for
the purpose of completing local calls between a calling party or
station and any other party or station within a designated exchange
or all of its designated local calling areas. The term "local
telephone number" does not include long distance telephone numbers or
any toll-free telephone numbers listed in a local telephone
directory.
   (c)   (1)  It is  unlawful 
 an infraction  for a provider or vendor of floral or
ornamental products or services to misrepresent the geographic
location of its business by doing either of the following: 
   (1) 
    (A   )  Listing a local telephone number in any
advertisement or listing, unless the advertisement or listing
identifies the true physical address, including the city, of the
provider's or vendor's business. 
   (2) 
    (B)  Listing a fictitious business name or an assumed
business name in any advertisement or listing if both of the
following criteria are met: 
   (A) 
    (i)  The name of the business misrepresents the provider'
s or vendor's geographic location. 
   (B) 
    (ii)  The advertisement or listing does not identify the
true physical address, including the city and state, of the provider'
s or vendor's business. 
   (2) Notwithstanding Sections 17534 and 17534.5, a violation of
this section is punishable, exclusively, by a fine not to exceed two
hundred fifty dollars ($250). 
   (d) This section does not create or impose any duty or obligation
on a person other than a vendor or provider described in subdivision
(a).
   (e) This section does not apply to any of the following:
   (1) A publisher of a telephone directory or other publication or a
provider of a directory assistance service publishing or providing
information about another business.
   (2) An Internet Web site that aggregates and provides information
about other businesses.
   (3) An owner or publisher of a print advertising medium providing
information about other businesses.
   (4) An Internet service provider.
   (5) An Internet service that displays or distributes
advertisements for other businesses.
  SEC. 2.  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.