BILL NUMBER: SB 556	AMENDED
	BILL TEXT

	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 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, make  a person
or entity that enters into a contract or agreement   a
public agency that contracts  for labor or services with a
contractor  jointly and severally  liable for any damages
caused  by the contractor or the contractor's employee for
work performed   during or in connection with the
performance of work  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 the  person or entity 
 public agency  . This section would  only 
apply  only  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:

  SECTION 1.  Section 2810.7 is added to the Labor Code, to read:
   2810.7.   Except   (a)    
Notwithstanding all other existing theories of liability, and except
 for damage or injury resulting from gross negligence or a
willful act, a  person or entity   public agency
 that  enters into a contract or agreement 
 contracts  for labor or services with a contractor shall be
 jointly and severally  liable for any damages caused
 by the contractor or the contractor's employee for work
performed   during or in connection with the performance
of work  under the contract if, at the time of the damage or
injury, either of the following occurred: 
   (a) 
    (1)  The contractor or contractor's employee was
authorized or required by the  person or entity 
 public agency  to wear a uniform that is substantially
similar to the uniform of the  person or entity 
 public agency  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   public agency  .

   (b) 
    (2)  The contractor or contractor's employee operated a
vehicle that was authorized or required by the  person or
entity   public agency  to display the logo of the
 person or entity and   public agency so that
 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   public agency
 . 
   (b) For purposes of this section, an identifying mark affixed to a
uniform or vehicle as required by state or federal law, and the
local agency that regulates the activity of the contractor, shall not
be determinative. 
   (c) This section shall  only  apply  only
 to contracts entered into on or after January 1, 2014. 
   (d) For the purposes of this section, "public agency" shall not
include the state.