BILL ANALYSIS Ó
AB 1581
Page 1
ASSEMBLY THIRD READING
AB 1581 (Wieckowski)
As Amended April 26, 2012
Majority vote
BUSINESS & PROFESSIONS 8-0 APPROPRIATIONS 11-5
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Blumenfield, |
| |Allen, Butler, Eng, Hill, | |Bradford, Charles |
| |Ma, Smyth | |Calderon, Campos, Davis, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly, Gatto, Nielsen, |
| | | |Norby, Wagner |
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SUMMARY : Prohibits a floral business from misrepresenting the
geographic location of its business, as specified.
Specifically, this bill :
1)Prohibits a provider or vendor of floral or ornamental
products or services from misrepresenting the geographic
location of its business by:
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; or,
b) Listing a fictitious business name or an assumed
business name in any advertisement or listing if:
i) The name of the business misrepresents the
provider's or vendor's geographic location; and,
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)Specifies that this bill does not create or impose any duty or
obligation on a person other than a vendor or provider of
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floral or ornamental products or services, as defined.
3)Exempts from the provisions of this bill:
a) A publisher of a telephone directory or other
publication or a provider of a directory assistance service
publishing or providing information about another business;
b) An Internet Web site that aggregates and provides
information about other businesses;
c) An owner or publisher of a print advertising medium
providing information about other businesses;
d) An Internet service provider; and,
e) An Internet service that displays or distributes
advertisements for other businesses.
4)Provides that a violation of these provisions is an
infraction, punishable by a fine up to $250.
5)Defines the following terms:
a) "Floral or ornamental products or services" to mean
floral arrangements, cut flowers, floral bouquets, potted
plants, balloons, floral designs, and related products and
services; and,
b) "Local telephone number" to mean 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.
EXISTING LAW provides for the regulation of advertising and
makes certain advertising practices unlawful.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential nonreimbursable costs to local government
for additional enforcement, offset to some extent by additional
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fine revenues.
COMMENTS : According to the author, "At its core, this bill is
about combating consumer deception. Local consumers are misled
when orders are routed to non-local business locations because
fees and commissions are usually taken out of the order price.
"These non-local fees and commissions are not normally paid when
the consumer places a floral order directly with a truly local
florist, as intended. Ironically, oftentimes the non-local
telemarketer who falsely represents himself or herself as a
local florist simply re-routes the order to a truly local
florist for processing. In these cases, the consumer paid a
higher price, and received less value, while the local florist
was subjected to sharing their profit with an unnecessary and
non-local third party.
"The consumer has the right to know and choose when he or she
wants his floral dollars and sales taxes to leave his or her
local community and state. This will provide interested
consumers relevant information about the location of a floral
retail business and prevent unscrupulous floral retailers from
parasitical advertising activities on existing community based
local flower shops."
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0003395