BILL NUMBER: AB 1282	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2007

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 23, 2007

   An act to add Section 17537.10 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1282, as amended, Salas. Advertising:  telephone
directory listings:  business location 
representations.   representations: floral or ornamental
products or services. 
   Existing law provides for the regulation of advertising in the
state and makes certain advertising practices unlawful. A violation
of the provisions regulating advertising is a crime.
   This bill would make it unlawful for a provider or vendor of
 a service or product   floral or ornamental
products or services, as defined,  to misrepresent the
geographic location of its business by either (1) listing a local
telephone number in any listing or advertisement, if calls to the
telephone number are routinely forwarded to a business location
different from the geographic location of the business indicated in
the advertisement or listing and the advertisement or listing does
not identify the true physical address of the business; or (2)
listing a fictitious business name or an assumed business name in any
listing or advertisement, if the name misrepresents the location of
the business and the listing or advertisement does not identify the
true physical address of the business. This bill would state that it
does not create any duty nor impose any obligation upon anyone other
than the business that is the subject of the advertisement or
listing. By creating new advertising prohibitions, the violation of
which would be a crime, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17537.10 is added to the Business and
Professions Code, to read:
   17537.10.  (a) It is unlawful for a provider or vendor of 
a service or product   floral or ornamental products or
services  to misrepresent the geographic location of its
business by doing either of the following:
   (1) Listing a local telephone number in any advertisement or
listing if both of the following criteria are met:
   (A) Calls to the telephone number are routinely forwarded or
otherwise transferred to a provider's or vendor's business location
that is different from the geographic location of the business
indicated in the advertisement or listing.
   (B) The advertisement or listing does not identify the true
physical address, including the city and state, of the provider's or
vendor's business.
   (2) Listing a fictitious business name or an assumed business name
in any advertisement or listing if both of the following criteria
are met:
   (A) The name misrepresents the provider's or vendor's geographic
location.
   (B) The advertisement or listing does not identify the true
physical address, including the city and state, of the provider's or
vendor's business.
   (b) For the purposes of this section, "local telephone number"
means a specific telephone number (area code and prefix) assigned for
the purpose of completing local calls between a calling party or
station and any other party or station within a designated exchange
or all of its designated local calling areas. The term does not
include long distance telephone numbers or 800 or 900 exchange
telephone numbers listed in a local telephone directory. 
   (c) For purposes of this section, "floral or ornamental products
or services" means floral arrangements, cut flowers, bouquets, potted
plants, balloons, floral designs, and related products and services.
 
   (c) 
    (d)  This section creates no duty and imposes no
obligation upon anyone other than the business that is the subject of
the advertisement or listing.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.