Bill Text: CA AB2389 | 2011-2012 | Regular Session | Enrolled
Bill Title: Contractor disclosure requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB2389 Detail]
Download: California-2011-AB2389-Enrolled.html
BILL NUMBER: AB 2389 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 28, 2012
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, 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 uniforms to clearly, conspicuously,
and legibly state the contractor's name and logo, as specified. 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
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.
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.
(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 uniforms meets the following requirements:
(1) 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.
(2) The uniform clearly displays the information described in
paragraph (1) 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 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.
(2) The vehicle clearly displays the information described in
paragraph (1) 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.
