BILL ANALYSIS �
AB 2389
Page 1
ASSEMBLY THIRD READING
AB 2389 (Bonnie Lowenthal)
As Amended April 24, 2012
Majority vote
BUSINESS & PROFESSIONS 7-1 APPROPRIATIONS 12-5
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Blumenfield, |
| |Allen, Butler, | |Bradford, Charles |
| |Eng, Hill, Ma | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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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 the contractor's name and
that it is providing services on behalf of the contracting
entity; and,
b) The information is displayed in a conspicuous place, in
sharp contrast to the background, and in such a way that
the size, shape, and color is readily visible.
2)Authorizes the Department of Consumer Affairs (DCA) 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
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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
communications on consumer awareness.
EXISTING LAW :
1)Makes it unlawful for any person doing business in California
and advertising to consumers to make any false or misleading
advertising claim, including one that purports to be based on
factual, objective, or clinical evidence, or compares the
product's effectiveness or safety to that of other brands.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)On-going costs for the Contractors State License Board and the
Bureau of Security and Investigative Services, the two
licensing categories under DCA that might be affected by this
bill, would be minor and absorbable within existing resources.
2)The majority of businesses likely affected by this bill,
emergency responders, cable companies, telephone companies,
and cleaning companies, for example, are not licensed by DCA
and are therefore not under its jurisdiction.
COMMENTS : 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
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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."
Existing law prohibits false or misleading advertisement and the
impersonation of a licensed individual within the Business and
Professions Code. 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.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0003667