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  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

                        FEBRUARY 22, 2013

   An act to add Section  2810.7   1771  to
the  Labor   Civil  Code, relating to
agency.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 556, as amended, Corbett. Agency:  ostensible.
  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, with certain exceptions, make a public agency
that contracts for labor or services with a contractor jointly and
severally liable for any damages caused during or in connection with
the performance of work under the contract if, at the time of the
damage or injury, certain circumstances existed that would cause a
member of the public to believe that the contractor or the contractor'
s employee was an agent of the public agency. This section would
apply only to contracts entered into on or after January 1, 2014.
 
   This bill would prohibit a person, firm, corporation, or
association that is a nongovernmental entity and contracts to perform
labor or services for a public entity from displaying on a vehicle
or uniform a seal, emblem, insignia, trade, brand name, or any other
term, symbol, or content 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. 
   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.    Section 1771 is added to the  
Civil Code   , to read:  
   1771.  (a) It is unlawful for a person, firm, corporation, or
association that is a nongovernmental entity and contracts to perform
labor or services for a public agency to display on a vehicle a
seal, emblem, insignia, trade or brand name, or any other term,
symbol, or content 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 the following disclosure:

   "THE OPERATOR OF THIS VEHICLE IS NOT A GOVERNMENT EMPLOYEE."

   (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 for a public agency to wear a
uniform bearing a seal, emblem, insignia, trade or brand name, or any
other term, symbol, or content 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 the
following disclosure:

   "NOT A GOVERNMENT EMPLOYEE."

   (c) 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) For the purposes of this section, "conspicuously displays"
means displays in a font size that is at least the same size as the
largest font size otherwise displayed on the vehicle or uniform, in a
manner that clearly calls attention to the language, and located in
close proximity to the seal, emblem, insignia, trade or brand name,
or any other term, symbol, or content as described in this section,
so as to be clearly associated with that seal, emblem, insignia,
trade or brand name, or any other term, symbol, or content. 

  SECTION 1.    Section 2810.7 is added to the Labor
Code, to read:
   2810.7.  (a) Notwithstanding all other existing theories of
liability, and except for damage or injury resulting from gross
negligence or a willful act, a public agency that contracts for labor
or services with a contractor shall be jointly and severally liable
for any damages caused during or in connection with the performance
of work under the contract if, at the time of the damage or injury,
either of the following occurred:
   (1) The contractor or contractor's employee was authorized or
required by the public agency to wear a uniform that is substantially
similar to the uniform of the public agency so as to cause a member
of the public to believe that the contractor or contractor's employee
was an agent of the public agency.
   (2) The contractor or contractor's employee operated a vehicle
that was authorized or required by the public agency to display the
logo of the public agency so that the vehicle had an appearance that
would cause a member of the public to believe that the contractor or
contractor's employee was an agent of the public agency.
   (b) For purposes of this section, an identifying mark affixed to a
uniform or vehicle as required by state or federal law, and the
local agency that regulates the activity of the contractor, shall not
be determinative.
   (c) This section shall apply only to contracts entered into on or
after January 1, 2014.
   (d) For the purposes of this section, "public agency" shall not
include the state.