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  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

                        FEBRUARY 22, 2013

   An act to add  Section 1771 to   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. 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 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.    Title 18 (commencing with Section 3273)
is added to Part 4 of Division 3 o   f 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 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.
   (e) (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.