BILL ANALYSIS �
AB 2389
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Date of Hearing: April 17, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2389 (Lowenthal) - As Amended: March 29, 2012
SUBJECT : Contractor disclosure requirements.
SUMMARY : Prohibits a contractor entering a personal residence
from wearing a uniform that bears, or driving a vehicle that
bears, a contractor's name or logo, unless information is
displayed, as specified. Specifically, this bill :
1)Prohibits a contractor entering a personal residence from
wearing a uniform that bears, or driving a vehicle that bears,
a contractor's name or logo, unless:
a) The uniform or vehicle state that the contractor's name
and that it is providing services on behalf of the
contracting entity; and,
b) The information is displayed a conspicuous place, in
sharp contrast to the background, and in such a way that
the size, shape, and color is ready visible.
2)Authorizes the Department of Consumer Affairs to impose a $250
fine per day for each violation until the uniform or vehicle
is compliant with this bill.
3)Creates the following definitions:
a) "Contracting entity" to mean any person, business, or
public entity contracting with another person or business
to provide services on its behalf.
b) "Contractor" to mean any person or business that
contracts to provide services on behalf of a contracting
entity; and,
c) "Public entity" to mean the state or any political
subdivision thereof, including, but not limited to, a city,
county, city and county, or special district.
4)Makes legislative findings and declarations related to public
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communications on consumer awareness.
EXISTING LAW :
1)Makes is unlawful for any person doing business in California
and advertising to consumers to make any false or misleading
advertising claim, including claims that: purport to be based
on factual, objective, or clinical evidence; compare the
product's effectiveness or safety to that of other brands; or,
purport to be based on any fact. �Business & Professions Code
(BPC) Section 17508]
2)Authorizes an employer, without prohibition, to prescribe the
weight, color, quality, texture, style, form and make of
uniforms required to be worn by his or her employees. �Labor
Code (LC) Section 452]
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
is essentially a 'truth in advertising' bill that would strip
away a layer of obfuscation that leaves consumers unaware of the
relationship between the person at their front door and the
company that sent them there. The author wants to make sure
consumers know whether they are dealing with the employee of a
particular company, or with a subcontractor, who may or may not
be trained by, accountable to, or indemnified by the company
with whom the consumer is seeking to transact with."
Background . Existing law prohibits false or misleading
advertisement and the impersonation of a licensed individual
within the BPC. While this bill is intended to protect
consumers from individuals who may unscrupulously hold
themselves out as an emergency responder or other professional
to gain entry to a personal residence, existing criminal law may
take precedent in such instances.
Support . According to the sponsor, the California Professional
Firefighters, "AB 2389 would increase the awareness of
California consumers by requiring specified disclosures relating
to services that are rendered on a contractual basis to members
of the public which require entering a residence or a place of
lodging, as well as those services provided on a contractual
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basis that relate to the public's health and safety.
"In addition to providing fire protection and suppression,
hazardous materials response, terrorist consequence management,
swift water rescue and a host of other property- and life-saving
services, California's fire service is also the primary provider
of pre-hospital emergency medical care throughout the state.
Under the color of authority - denoted by a badge, uniform and a
clearly marked emergency vehicle - California's fire service
arrives on scene, identified in a manner that informs the public
that such personnel are required to maintain the highest level
of emergency response training, adhere to a stringent code of
conduct and ethical standards, and are accountable to the public
they serve?
"California's fire service understands the importance of
standing up to its image and reputation. All service providers
who seek to convey an image through the use of a uniform or logo
must have some accountability to that image. Given the breadth
of the state's subcontracted workforce, it's in the public's
best interest for the state to take steps to increase the
public's awareness, and subsequently permit the public to demand
accountability when receiving such services as identified in
this bill. AB 2389 will provide California consumers a clear
picture of the relationship between the worker who shows up at
the front door and the company that sent them there.
Californians who receive critical, property and/or life-saving
services in their home or at a place of lodging should have as
much information as possible about the providers of those
services."
REGISTERED SUPPORT / OPPOSITION :
Support
California Labor Federation (co-sponsor)
California Professional Firefighters (co-sponsor)
State Building and Construction Traders Council
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
AB 2389
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