AB 2389 Assembly Bill

BILL NUMBER: AB 2389	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 24, 2012

   An act to add Title 18 (commencing with Section 3273) to Part 4 of
Division 3 of the Civil Code, relating to contractor disclosure
requirements.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2389, as amended, Bonnie Lowenthal. 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  and logo  . 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 using a vehicle that bears the
name or logo of the contracting entity unless each vehicle also
 meets the above requirements  clearly,
conspicuously, and legibly states the contractor's name and logo
 . The bill would specify that these provisions shall 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . 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) "Logo" means 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.  
   (4) "Person" means an individual, firm, association, organization,
partnership, business trust, corporation, limited liability company,
or company. "Person" does not include a public entity. 

   (3) 
    (5)  "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) 
    (1)  The  uniform states the  name 
and logo  of the contractor  are affixed to the uniform
indicating that the contractor is the service provider, contractor,
or other appropriate descriptor  . 
   (3) 
    (2)  The uniform clearly displays the information
described in  paragraphs   paragraph  (1)
 and (2)  in a conspicuous place, in sharp contrast
to the background, and in such a way that the size, shape, and color
are readily visible.
   (d) In addition to the uniform disclosure requirements described
in subdivision (c), a contractor that provides services described in
subdivision (c) 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 vehicles used by the contractor meets the
following requirements: 
   (1) The vehicle states that the contractor is providing services
on behalf of the contracting entity.  
   (2) 
    (1)  The  vehicle states the  name 
and logo  of the contractor  are affixed to the vehicle
indicating that the contractor is the service provider, contractor,
operator of the vehicle, or other appropriate descriptor  .

   (3) 
    (2)  The vehicle clearly displays the information
described in  paragraphs   paragraph  (1)
 and (2)  in a conspicuous place, in sharp contrast
to the background, and in such a way that the size, shape, and color
are readily visible.
   (e) The requirements of this section shall 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.