Amended in Senate April 9, 2013

Senate BillNo. 556


Introduced by Senator Corbett

February 22, 2013


An act to amend Sectionbegin delete 2300 of the Civil Codeend deletebegin insert 2810.7 of the Labor Codeend insert, relating tobegin delete civil lawend deletebegin insert agencyend insert.

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 wouldbegin delete make technical, nonsubstantive changes to that provisionend deletebegin insert 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 entityend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2810.7 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert2810.7.end insert  

A person or entity that enters into a contract or
4agreement for labor or services with a contractor shall be liable
P2    1for any damages caused by the contractor or the contractor’s
2employee for work performed under the contract if, at the time of
3the damage, either of the following occurred:

4(a) The contractor or contractor’s employee wore a uniform
5that is substantially similar to the uniform of the person or entity
6so as to cause a member of the public to believe that the contractor
7or contractor’s employee was an agent of the person or entity.

8(b) The contractor or contractor’s employee operated a vehicle
9with the logo of the person or entity and the vehicle had an
10appearance that would cause a member of the public to believe
11that the contractor or contractor’s employee was an agent of the
12person or entity.

end insert
begin delete13

SECTION 1.  

Section 2300 of the Civil Code is amended to
14read:

15

2300.  

An agency is ostensible when the principal intentionally,
16or by want of ordinary care, causes a third person to believe another
17person to be his or her agent who is not really employed by him
18or her.

end delete


O

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