BILL NUMBER: AB 2389 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 24, 2012
An act to amend Section 51.7 add Title 18
(commencing with Section 3273) to Part 4 of Division 3 of the
Civil Code, relating to personal rights
contractor disclosure requirements .
LEGISLATIVE COUNSEL'S DIGEST
AB 2389, as amended, Bonnie Lowenthal. Personal rights:
freedom from violence. Contractor disclosure
requirements.
Existing law governs certain obligations arising from particular
transactions, including credit card disclosures, consumer contracts,
and consumer warranties.
This bill would prohibit a contractor, as defined, that provides
services that require entering the residence or place of lodging of a
member of the public from utilizing a uniform that bears the name or
logo of the contracting entity, as defined, unless each uniform
meets certain disclosure requirements. Among these requirements, the
bill would require each of the contractor's uniforms to clearly,
conspicuously, and legibly state that the contractor is providing
services on behalf of the contracting entity, and the contractor's
name. In addition to these requirements, the bill would further
prohibit a contractor that provides the services described above
relating to public health or safety services from utilizing a vehicle
that bears the name or logo of the contracting entity unless each
vehicle also meets the above requirements. The bill would also
authorize the Director of Consumer Affairs to impose a fine of two
hundred fifty ($250) dollars per day for each violation of these
provisions, in addition to any other rights or penalties available by
law.
The bill would state the intent of the Legislature to increase
consumer awareness of the state's growing and sizeable contract
workforce through the disclosures required by these provisions. The
bill would make a specified statement of legislative intent regarding
the disclosures required by these provisions.
Existing law sets forth various personal rights and provides that
all persons within California have the right to be free from
violence, or intimidation by the threat of violence, because of,
among other characteristics, their race, color, religion, ancestry,
national origin, political affiliation, or sex.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 18 (commencing with Section 3273)
is added to Part 4 of Division 3 of the Civil Code
, to read:
TITLE 18. CONTRACTOR DISCLOSURES
3273. (a) It is the intent of the Legislature to increase
consumer awareness of the state's sizeable and growing subcontracted
workforce through the disclosures required by this section. The
Legislature further finds and declares that the disclosures required
by this section are communications in the interest of the public, in
the interest of public safety, and are a matter of statewide concern.
(b) For purposes of this section:
(1) "Contracting entity" means any person, business, or public
entity that contracts with another person or business to provide
services on its behalf.
(2) "Contractor" means any person or business that contracts to
provide services on behalf of a contracting entity.
(3) "Public entity" means the state or any political subdivision
thereof, including, but not limited to, a city, county, city and
county, or special district.
(c) A contractor that provides services that require entering the
residence or place of lodging of a member of the public shall not
utilize a uniform that bears the name or logo of the contracting
entity, unless each of the contractor's uniforms meets the following
requirements:
(1) The uniform states that the contractor is providing services
on behalf of the contracting entity.
(2) The uniform states the name of the contractor.
(3) The uniform clearly displays the information described in
paragraphs (1) and (2) in a conspicuous place, in sharp contrast to
the background, and in such a way that the size, shape, and color is
readily visible.
(d) In addition to the uniform disclosure requirements described
in subdivision (b), a contractor that provides services described in
subdivision (b) relating to public health and safety shall not
utilize a vehicle that bears the name or logo of the contracting
entity, unless each of the contractor's vehicles meets the following
requirements:
(1) The vehicle states that the contractor is providing services
on behalf of the contracting entity.
(2) The vehicle states the name of the contractor.
(3) The vehicle clearly displays the information described in
paragraphs (1) and (2) in a conspicuous place, in sharp contrast to
the background, and in such a way that the size, shape, and color is
readily visible.
(e) If any person or business is found in violation of this
section, the Director of Consumer Affairs may impose a fine of two
hundred fifty ($250) dollars per day per violation, in addition to
any other rights or penalties available by law, until the vehicle or
uniform is modified in conformance with the requirements of this
section.
SECTION 1. Section 51.7 of the Civil Code is
amended to read:
51.7. (a) All persons within the jurisdiction of this state have
the right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of any
political affiliation, or on account of any characteristic listed or
defined in subdivision (b) or (e) of Section 51, or any position in a
labor dispute, or because another person perceives them to have one
or more of those characteristics. The identification in this
subdivision of particular bases of discrimination is illustrative
rather than restrictive.
(b) This section does not apply to statements concerning positions
in a labor dispute which are made during otherwise lawful labor
picketing.