BILL ANALYSIS �
AB 2389
Page 1
GOVERNOR'S VETO
AB 2389 (Bonnie Lowenthal)
As Amended August 16, 2012
2/3 vote
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|ASSEMBLY: |52-22|(May 21, 2012) |SENATE: |21-14|(August 23, |
| | | | | |2012) |
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|ASSEMBLY: |51-28|(August 28, | | | |
| | |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.
AB 2389
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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
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.
GOVERNOR'S VETO MESSAGE :
"This is a bill that ultimately is about the growing practice of
subcontracting in the service industry. I agree that this is a
topic that requires greater scrutiny - and more detailed
information.
"It is not clear to me that requiring logos on uniforms and
vehicles solves any problems, but it may spawn confusion and
some costs. I think we need to know more before prescribing
practices such as those suggested by this bill."
AB 2389
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Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0005949