BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2389
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2389 (Bonnie Lowenthal)
          As Amended  August 16, 2012
          Majority vote
           
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          |ASSEMBLY:  |52-22|(May 21, 2012)  |SENATE: |21-14|(August 23,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    B.,P. & C.P.  

           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.  

           The Senate amendments  : 

          1)Delete the Department of Consumer Affairs' authorization to 
            impose a $250 fine per day for each violation until the 
            uniform or vehicle is compliant with this bill. 

          2)Specify that the provisions of the bill do not apply if a 
            contracting entity and a contractor are jointly and severally 
            liable for any claims arising out of work performed pursuant 
            to a contractual agreement.

          3)Delete the requirement that the uniform state that the 
            contractor is providing services on behalf of the contracting 
            entity. 

          4)Require that a contractor's logo, in addition to a 
            contractor's name, be affixed to a contractor's uniform or 
            vehicle indicating that the contractor is the service 
            provider, contractor, or other appropriate descriptor.

          5)Create the following definitions: 

             a)   "Logo" to mean a graphic mark, wordmark, emblem, or 
               insignia that aids in promoting instant public recognition 
               and which may be composed of the name of the contracting 
               entity or contractor.  Affixing an identifying mark to a 
               vehicle or uniform, as required by a state or local agency 
               that regulates the activity of the contractor, shall not be 








                                                                  AB 2389
                                                                  Page  2

               considered a logo; and, 

             b)   "Person" to mean an individual, firm, association, 
               organization, partnership, business trust, corporation, 
               limited liability company, or company.  "Person" does not 
               include a public entity.

          6)Make technical and clarifying changes. 

           AS PASSED BY THE ASSEMBLY  , this bill prohibited 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.  

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs. 


           COMMENTS  :  This bill was amended in the Senate and is consistent 
          with Assembly actions. 

           
          Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301 


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