Bill Text: CA SB556 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Providers of health and safety labor or services: identification.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 832, Statutes of 2014. [SB556 Detail]

Download: California-2013-SB556-Amended.html

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BILL NUMBER: SB 556	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 7, 2014
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2013
	AMENDED IN ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  JULY 1, 2013
	AMENDED IN ASSEMBLY  JUNE 19, 2013
	AMENDED IN SENATE  MAY 29, 2013
	AMENDED IN SENATE  MAY 9, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator  Corbett   Padilla 

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 556, as amended,  Corbett   Padilla 
. Agency: ostensible: nongovernmental entities.
   Existing law specifies the authority of agents in dealing with 3rd
persons. Existing law states when an agency is ostensible for
purposes of determining the authority of an agent. Existing law
prohibits unfair methods of competition and unfair or deceptive acts
or practices undertaken by a person in a transaction intended to
result or which results in the sale or lease of goods to any
consumer.
   This bill would prohibit  , for all contracts for labor or
services entered into on or after January 1, 2015,  a person,
firm, corporation, or association that is a nongovernmental entity
and contracts to perform labor or services relating to public health
or safety for a public entity from displaying on a vehicle or uniform
a logo, as defined, that reasonably could be interpreted as implying
that the labor or services are being provided by employees of the
public agency, unless the vehicle or uniform conspicuously displays
 a disclosure, as specified.   specific
disclosures. The bill would prohibit a public agency from requiring a
person or employee of a nongovernmental agency providing public
health or safety services under contract with the public agency to
wear a badge containing the logo of the public agency. The bill would
prohibit a nongovernmental agency providing public health or safety
services under contract with a public agency from requiring a person
or its employee to wear a badge containing the logo of the public
agency. 
   Vote: majority. Appropriation: no. Fiscal committee: 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.  CONTRACTS FOR LABOR OR SERVICES FOR A PUBLIC AGENCY


   3273.  (a) It is unlawful for a person, firm, corporation, or
association that is a nongovernmental entity and contracts to perform
labor or services relating to public health or safety for a public
agency to display on a vehicle a logo of the public agency that
reasonably could be interpreted or construed as implying that the
labor or services are being provided by employees of the public
agency, unless the vehicle conspicuously displays  one of the
following disclosures:   a statement indicating that
the contractor is the service provider, contractor, or other
appropriate descriptor, such as "SERVICE PROVIDED BY:" or "CONTRACTED
BY:", immediately followed by all of the following:  
   (1) A statement indicating that the contractor is the service
provider, contractor, or other appropriate descriptor, such as
"SERVICE PROVIDED BY:" or "CONTRACTED BY:", immediately followed by
all of the following:  
   (A) 
    (1)  The logo and the  name of the person,
firm, corporation, or association that is the subcontracted
nongovernmental entity providing the labor or services for the public
agency. 
   (B) The state or federal tax designation of that person, firm,
corporation, or association.  
   (C) 
    (2)  The  city,  state, or if outside
of the United States, the country where the nongovernmental entity's
controlling person, firm, corporation, or association is legally
incorporated, organized, or formed. 
   (2) A statement indicating that the contractor is the service
provider, contractor, or other appropriate descriptor, such as
"SERVICE PROVIDED BY:" or "CONTRACTED BY:", immediately followed by
the logo of the person, firm, corporation, or association that is the
subcontracted nongovernmental entity providing the labor or services
for a public agency. 
   (b) It is unlawful for a person or an employee of a person, firm,
corporation, or association that is a nongovernmental entity and
contracts to perform labor or services relating to public health or
safety for a public agency to wear a uniform bearing a logo of the
public agency that  together with the appearance of the
uniform  reasonably could be interpreted or construed as
implying that the labor or services are being provided by employees
of the public agency, unless the uniform conspicuously displays
 one of the following disclosures:   the logo
and the name of the person, firm, corporation, or association that is
the subcontracted nongovernmental entity providing the labor or
services for the public agency.  
   (1) A statement indicating that the contractor is the service
provider, contractor, or other appropriate descriptor, such as
"SERVICE PROVIDED BY:" or "CONTRACTED BY:", immediately followed by
all of the following:  
   (A) The name of the person, firm, corporation, or association that
is the subcontracted nongovernmental entity providing the labor or
services for the public agency.  
   (B) The state or federal tax designation of that person, firm,
corporation, or association.  
   (C) The city, state, or if outside of the United States, the
country where the nongovernmental entity's controlling person, firm,
corporation, or association is legally incorporated, organized, or
formed.  
   (2) A statement indicating that the contractor is the service
provider, contractor, or other appropriate descriptor, such as
"SERVICE PROVIDED BY:" or "CONTRACTED BY:", immediately followed by
the logo of the person, firm, corporation, or association that is the
subcontracted nongovernmental entity providing the labor or services
for a public agency.  
   (c) The disclosures required pursuant to subdivisions (a) and (b)
shall apply to all contracts for labor or services entered into on or
after January 1, 2015.  
   (d) (1) It is unlawful for a public agency to require, through a
contract with a person, firm, corporation, or association that is a
nongovernmental entity providing public health or safety services, a
person or employee of the nongovernmental agency to wear a badge
containing the logo of the public agency.  
   (2) It is unlawful for a person, firm, corporation, or association
that is a nongovernmental entity contracting to perform labor or
services relating to public health or safety for a public agency, to
require a person or its employee to wear a badge containing the logo
of the public agency.  
   (c) 
    (e)  For the purposes of subdivision (b), an identifying
mark affixed to a uniform as required by state or federal law, and a
local agency regulating the activity of the person, firm,
corporation, or association shall not be construed as implying that
the labor or services are being provided by employees of the public
agency. 
   (d) 
    (f)  If a vehicle or uniform displays more than one logo
referring to the public agency, then the required disclosure shall
be placed near the largest logo referring to the public agency.

   (e) 
    (g)  The disclosure requirements in subdivisions (a) and
(b) of this section shall not apply to uniforms or vehicles if the
person, firm, corporation, or association that is the subcontracted
nongovernmental entity is providing the labor or services for a
public agency under Article 3.3 (commencing with Section 2430) of
Chapter 2 of Division 2 of the Vehicle Code. 
   (f) 
    (h)  (1) Violations of this section shall be subject to
the remedies provided in the Consumers Legal Remedies Act (Title 1.5
(commencing with Section 1750)).
   (2) The duties, rights, and remedies provided in this section are
in addition to any other duties, rights, and remedies provided by
state law. 
   (g) 
    (i)  For the purposes of this section, the following
terms have the following meanings:
   (1) "Conspicuously  display"  displays" 
means to display a disclosure  that is at least the same
size as and located close to the logo referring to the public agency.
  on the exterior of a vehicle or uniform in the same
location as the logo of the public agency, placed prominently as
compared with other words, statements, or designs displayed in
connection with the logo of the public agency. With respect to a
uniform, "in the same location" includes, but is not limited to, a
location on the opposing shoulder, pocket, or similar opposing
location relative to the location of the logo of the public agency.

   (2) "Logo" means a symbol, graphic, seal, emblem, insignia, trade
name, brand name, picture, or text identifying a person, firm,
corporation, association, or public agency.