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 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 1771 is added to the Civil Code, to read:
(a) It is unlawful for a person, firm, corporation, or
3association that is a nongovernmental entity and contracts to
4perform labor or services for a public agency to display on a vehicle
5a seal, emblem, insignia, trade or brand name, or any other term,
6symbol, or content that reasonably could be interpreted or construed
7as implying that the labor or services are being provided by
8employees of the public agency, unless the vehicle conspicuously
9displays the following disclosure:
11“THE OPERATOR OF THIS VEHICLE IS NOT A
12GOVERNMENT EMPLOYEE.”
13
14(b) It is unlawful for a person or an employee of a person, firm,
15corporation, or association that is a nongovernmental entity and
16contracts to perform labor or services for a public agency to
wear
17a uniform bearing a seal, emblem, insignia, trade or brand name,
18or any other term, symbol, or content that together with the
19appearance of the uniform reasonably could be interpreted or
20construed as implying that the labor or services are being provided
21by employees of the public agency, unless the uniform
22conspicuously displays the following disclosure:
24“NOT A GOVERNMENT EMPLOYEE.”
25
26(c) For the purposes of subdivision (b), an identifying mark
27affixed to a uniform as required by state or federal law, and a local
28agency regulating the activity of the person, firm, corporation, or
29association shall not be construed as implying that the labor or
30services are being provided by employees of the public agency.
31(d) For the purposes of this section, “conspicuously displays”
32means displays in a font size that is at least the same size as the
33largest font size otherwise
displayed on the vehicle or uniform, in
P3 1a manner that clearly calls attention to the language, and located
2in close proximity to the seal, emblem, insignia, trade or brand
3name, or any other term, symbol, or content as described in this
4section, so as to be clearly associated with that seal, emblem,
5insignia, trade or brand name, or any other term, symbol, or
6content.
begin insertTitle 18 (commencing with Section 3273) is added
8to Part 4 of Division 3 of the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert
9
(a) It is unlawful for a person, firm, corporation, or
14association that is a nongovernmental entity and contracts to
15perform labor or services for a public agency to display on a
16vehicle a seal, emblem, insignia, trade or brand name, or any other
17term, symbol, or content that reasonably could be interpreted or
18construed as implying that the labor or services are being provided
19by employees of the public agency, unless the vehicle conspicuously
20displays the following disclosure:
22“THE OPERATOR OF THIS VEHICLE IS NOT A
23GOVERNMENT EMPLOYEE.”
25(b) It is unlawful for a person or an employee of a person, firm,
26corporation,
or association that is a nongovernmental entity and
27contracts to perform labor or services for a public agency to wear
28a uniform bearing a seal, emblem, insignia, trade or brand name,
29or any other term, symbol, or content that together with the
30appearance of the uniform reasonably could be interpreted or
31construed as implying that the labor or services are being provided
32by employees of the public agency, unless the uniform
33conspicuously displays the following disclosure:
35“NOT A GOVERNMENT EMPLOYEE.”
37(c) For the purposes of subdivision (b), an identifying mark
38affixed to a uniform as required by state or federal law, and a
39local agency regulating the activity of the person, firm,
40corporation, or association shall not be construed as implying
P4 1that the labor or services are being provided by employees of the
2public
agency.
3(d) For the purposes of this section, “conspicuously displays”
4means displays in a font size that is at least the same size as the
5largest font size otherwise displayed on the vehicle or uniform, in
6a manner that clearly calls attention to the language, and located
7in close proximity to the seal, emblem, insignia, trade or brand
8name, or any other term, symbol, or content as described in this
9section, so as to be clearly associated with that seal, emblem,
10insignia, trade or brand name, or any other term, symbol, or
11content.
12(e) (1) Violations of this section shall be subject to the remedies
13provided in the Consumers Legal Remedies Act (Title 1.5
14(commencing with Section 1750)).
15(2) The duties, rights, and remedies provided in this section are
16in addition to any other duties, rights, and
remedies provided by
17state law.
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