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 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

                        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. 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   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.
   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 for a public agency to display on a vehicle a
 seal, emblem, insignia, trade or brand name, or any other
term, symbol, or content   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  disclosure
  disclosures  :

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


   (1) A conspicuously displayed 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 conspicuously displayed 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.  
   (3) If the contracting person, firm, corporation, or association
is a nongovernmental entity subject to the requirements of Section
27900 of the Vehicle Code, disclosures meeting the vehicle disclosure
requirements of that section. 
   (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   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  disclosure   disclosures  :

   "NOT A GOVERNMENT EMPLOYEE." 

   (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) 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. 

   (d) 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) 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.  
   (e) 
    (f)  (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) For the purposes of this section, the following terms have the
following meanings:  
   (1) "Conspicuously display" means to display a disclosure that is
at least the same size as and located close to the logo referring to
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.