Amended in Senate May 29, 2013

Amended in Senate May 9, 2013

Amended in Senate April 9, 2013

Senate BillNo. 556


Introduced by Senator Corbett

February 22, 2013


An act to add Section 2810.7 to the Labor Code, relating to 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, with certain exceptions, makebegin delete a person or entity that enters into a contract or agreementend deletebegin insert a public agency that contractsend insert for labor or services with a contractorbegin insert jointly and severallyend insert liable for any damages causedbegin delete by the contractor or the contractor’s employee for work performedend deletebegin insert during or in connection with the performance of workend insert under the contract if, at the time of the damage or injury, 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 thebegin delete person or entityend deletebegin insert public agencyend insert. This section wouldbegin delete onlyend delete applybegin insert onlyend insert to contracts entered into on or after January 1, 2014.

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

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

P2    1

SECTION 1.  

Section 2810.7 is added to the Labor Code, to
2read:

3

2810.7.  

begin deleteExcept end deletebegin insert(a)end insertbegin insertend insertbegin insertNotwithstanding all other existing theories
4of liability, and except end insert
for damage or injury resulting from gross
5negligence or a willful act, abegin delete person or entityend deletebegin insert public agencyend insert that
6begin delete enters into a contract or agreementend deletebegin insert contractsend insert for labor or services
7with a contractor shall bebegin insert jointly and severallyend insert liable for any
8damages causedbegin delete by the contractor or the contractor’s employee
9for work performedend delete
begin insert during or in connection with the performance
10of workend insert
under the contract if, at the time of the damage or injury,
11either of the following occurred:

begin delete

12(a)

end delete

13begin insert(1)end insert The contractor or contractor’s employee was authorized or
14required by thebegin delete person or entityend deletebegin insert public agencyend insert to wear a uniform
15that is substantially similar to the uniform of thebegin delete person or entityend delete
16begin insert public agencyend insert so as to cause a member of the public to believe that
17the contractor or contractor’s employee was an agent of thebegin delete person
18or entityend delete
begin insert public agencyend insert.

begin delete

19(b)

end delete

20begin insert(2)end insert The contractor or contractor’s employee operated a vehicle
21that was authorized or required by thebegin delete person or entityend deletebegin insert public
22agencyend insert
to display the logo of thebegin delete person or entity andend deletebegin insert public agency
23so thatend insert
the vehicle had an appearance that would cause a member
24of the public to believe that the contractor or contractor’s employee
25was an agent of thebegin delete person or entityend deletebegin insert public agencyend insert.

begin insert

26(b) For purposes of this section, an identifying mark affixed to
27a uniform or vehicle as required by state or federal law, and the
28local agency that regulates the activity of the contractor, shall not
29be determinative.

end insert

30(c) This section shallbegin delete onlyend delete applybegin insert onlyend insert to contracts entered into
31on or after January 1, 2014.

begin insert

32(d) For the purposes of this section, “public agency” shall not
33include the state.

end insert


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