BILL NUMBER: AB 2076	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 18, 2010

   An act to add Section 17537.10 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2076, as amended, Salas. Advertising: business location
representations: floral and ornamental products and services.
   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.
   This bill would make it unlawful 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,
 if calls to the telephone number are routinely forwarded to
a business location different from the geographic location of the
business indicated in   unless  the advertisement
or listing  and the advertisement or listing does not
identify   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 17537.10 is added to the Business and
Professions Code, to read:
   17537.10.  (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
800, 888, or 900 exchange telephone numbers listed in a local
telephone directory.
   (c) It is unlawful 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) Listing a local telephone number in any advertisement or
listing  if both of the following criteria are met: 

   (A) Calls to the telephone number are routinely forwarded or
otherwise transferred to a provider's or vendor's business location
that is different from the geographic location of the business
indicated in the advertisement or listing. 
    (B)     The
advertisement or listing does not identify the true   ,
unless the advertisement or listing identifies the true 
physical address, including the city  and state  ,
of the provider's or vendor's business.
   (2) Listing a fictitious business name or an assumed business name
in any advertisement or listing if both of the following criteria
are met:
   (A) The name of the business misrepresents the provider's or
vendor's geographic location.
   (B) The advertisement or listing does not identify the true
physical address, including the city and state, of the provider's or
vendor's business.
   (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).
  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.