BILL NUMBER: SB 556	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2014
	PASSED THE ASSEMBLY  AUGUST 25, 2014
	AMENDED IN ASSEMBLY  AUGUST 21, 2014
	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 Padilla
   (Coauthor: Senator Corbett)

                        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 civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 556, Padilla. Providers of health and safety labor or services:
identification.
   Existing law specifies the authority of agents in dealing with 3rd
persons. The Consumers Legal Remedies Act 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, as defined, and
authorizes specified remedies for a consumer who suffers damages as a
result of the use of these methods, acts, or practices.
   This bill would prohibit a person, firm, corporation, or
association that is a nongovernmental entity and contracts to
perform, on or after January 1, 2015, public health and safety labor
or services for a public agency 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 specific disclosures. The bill would prohibit a public
agency from requiring a person or employee of a nongovernmental
entity providing public health and safety labor or services under
contract with the public agency to wear a badge containing the logo
of the public agency. The bill would also prohibit a nongovernmental
entity providing public health and safety labor or 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. This bill
would define the term "public health and safety labor or services" to
mean fire protection services, rescue services, emergency medical
services, hazardous material emergency response services, and
ambulance services. This bill would authorize that these provisions
may be enforced by the Consumers Legal Remedies Act.


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.  PROVIDERS OF HEALTH AND SAFETY LABOR OR SERVICES


   3273.  (a) It is unlawful for a person, firm, corporation, or
association that is a nongovernmental entity and contracts to perform
public health and safety labor or services 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 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) The logo and the name of the person, firm, corporation, or
association that is the nongovernmental entity providing the public
health and safety labor or services for the public agency.
   (2) The 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.
   (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 public health and safety labor or services for a
public agency to wear a uniform bearing 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 uniform conspicuously displays the logo and the
name of the person, firm, corporation, or association that is the
nongovernmental entity providing the labor or services for the public
agency.
   (c) The disclosures required pursuant to subdivisions (a) and (b)
shall apply to all labor or services provided pursuant to a contract
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 and safety labor or
services, a person or employee of the nongovernmental entity 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 public
health and safety labor or services for a public agency to require a
person or its employee to wear a badge containing the logo of the
public agency.
   (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.
   (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.
   (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 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.
   (h) The disclosure requirements in subdivisions (a) and (b) shall
not apply to a public agency vehicle utilized by the nongovernmental
entity during a declared state or federal disaster, mass-casualty
incident, or other incident that requires the use of state or federal
resources when the public agency requires the use of the public
agency vehicle.
   (i) (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.
   (j) For the purposes of this section, the following terms have the
following meanings:
   (1) "Conspicuously displays" means to display a disclosure 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, or picture identifying a person, firm, corporation,
association, or public agency. "Logo" shall not mean the name of a
public agency used alone.
   (3) "Public agency" means a state entity, a city, county, city and
county, special district, or other political subdivision of the
state.
   (4) "Public health and safety labor or services" means fire
protection services, rescue services, emergency medical services,
hazardous material emergency response services, and ambulance
services.