BILL NUMBER: SB 556 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Corbett
FEBRUARY 22, 2013
An act to amend Section 2300 of the Civil Code
2810.7 of the Labor Code , relating to civil law
agency .
LEGISLATIVE COUNSEL'S DIGEST
SB 556, as amended, Corbett. Agency: ostensible.
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.
This bill would make technical, nonsubstantive changes to
that provision provide that a person or entity that
enters into a contract or agreement for labor or services with a
contractor is liable for any damages caused by the contractor or the
contractor's employee for work performed under the contract if, at
the time of the damage, 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 person or entity .
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 2810.7 is added to the
Labor Code , to read:
2810.7. A person or entity that enters into a contract or
agreement for labor or services with a contractor shall be liable for
any damages caused by the contractor or the contractor's employee
for work performed under the contract if, at the time of the damage,
either of the following occurred:
(a) The contractor or contractor's employee wore a uniform that is
substantially similar to the uniform of the person or entity so as
to cause a member of the public to believe that the contractor or
contractor's employee was an agent of the person or entity.
(b) The contractor or contractor's employee operated a vehicle
with the logo of the person or entity and 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 person or
entity.
SECTION 1. Section 2300 of the Civil Code is
amended to read:
2300. An agency is ostensible when the principal intentionally,
or by want of ordinary care, causes a third person to believe another
person to be his or her agent who is not really employed by him or
her.