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 abegin delete seal, emblem, insignia, trade, brand name, or any other
term, symbol, or contentend deletebegin insert logo, as defined,end insert 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:
Title 18 (commencing with Section 3273) is
2added to Part 4 of Division 3 of the Civil Code, to read:
3
(a) It is unlawful for a person, firm, corporation, or
8association that is a nongovernmental entity and contracts to
9perform labor or services for a public agency to display on a vehicle
10abegin delete seal, emblem, insignia, trade or brand name, or any other term, begin insert logo of the public agencyend insert that reasonably could
11symbol, or contentend delete
12be interpreted or construed as implying that the labor or services
13are being provided by employees of the public agency, unless the
14vehicle begin deleteconspicuouslyend delete displaysbegin insert
one ofend insert the followingbegin delete disclosureend delete
15begin insert disclosuresend insert:
17“THE OPERATOR OF THIS VEHICLE IS NOT A
18GOVERNMENT EMPLOYEE.”
19
20(1) A conspicuously displayed statement indicating that the
21contractor is the service provider, contractor, or other appropriate
22descriptor, such as “SERVICE PROVIDED BY:” or
23“CONTRACTED BY:”,
immediately followed by all of the
24following:
25(A) The name of the person, firm, corporation, or association
26that is the subcontracted nongovernmental entity providing the
27labor or services for the public agency.
28(B) The state or federal tax designation of that person, firm,
29corporation, or association.
30(C) The city, state, or if outside of the United States, the country
31where the nongovernmental entity’s controlling person, firm,
P3 1corporation, or association is legally incorporated, organized, or
2
formed.
3(2) A conspicuously displayed statement indicating that the
4contractor is the service provider, contractor, or other appropriate
5descriptor, such as “SERVICE PROVIDED BY:” or
6“CONTRACTED BY:”, immediately followed by the logo of the
7person, firm, corporation, or association that is the subcontracted
8nongovernmental entity providing the labor or services for a public
9agency.
10(3) If the contracting person, firm, corporation, or association
11is a nongovernmental entity subject to the requirements of Section
1227900 of the Vehicle Code, disclosures meeting the vehicle
13disclosure requirements of that section.
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 abegin delete seal, emblem, insignia, trade or brand name, begin insert
logo of the public agencyend insert
18or any other term, symbol, or contentend delete
19 that together with the appearance of the uniform reasonably could
20be interpreted or construed as implying that the labor or services
21are being provided by employees of the public agency, unless the
22uniform conspicuously displaysbegin insert one ofend insert the followingbegin delete disclosureend delete
23begin insert
disclosuresend insert:
25“NOT A GOVERNMENT EMPLOYEE.”
26
27(1) A statement indicating that the contractor is the service
28provider, contractor, or other appropriate descriptor, such as
29“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
30immediately followed by all of the following:
31(A) The name of the person, firm, corporation, or association
32that is the
subcontracted nongovernmental entity providing the
33labor or services for the public agency.
34(B) The state or federal tax designation of that person, firm,
35corporation, or association.
36(C) The city, state, or if outside of the United States, the country
37where the nongovernmental entity’s controlling person, firm,
38corporation, or association is legally incorporated, organized, or
39formed.
P4 1(2) A statement indicating that the contractor is the service
2provider, contractor, or other appropriate
descriptor, such as
3“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
4immediately followed by the logo of the person, firm, corporation,
5or association that is the subcontracted nongovernmental entity
6providing the labor or services for a public agency.
7(c) For the purposes of subdivision (b), an identifying mark
8affixed to a uniform as required by state or federal law, and a local
9agency regulating the activity of the person, firm, corporation, or
10association shall not be construed as implying that the labor or
11services are being provided by employees of the public agency.
12(d) For the purposes of this section, “conspicuously displays”
13means displays in a font size that is at least the same size as the
14largest font size otherwise displayed on the vehicle or uniform, in
15a manner that clearly calls attention to the language, and located
16in close proximity to the seal, emblem, insignia, trade or brand
17name, or any other term, symbol, or content as described in this
18section, so as to be clearly associated with that seal, emblem,
19insignia, trade or brand name, or any other term, symbol, or
20content.
21(d) If a vehicle or uniform displays more than one logo referring
22to the public agency, then the required disclosure shall be placed
23near the largest logo referring to the public agency.
24(e) The disclosure requirements in subdivisions (a) and (b) of
25this section shall not apply to uniforms or vehicles if the person,
26firm, corporation, or association that is the subcontracted
27nongovernmental entity is providing the labor or services for a
28public agency under Article 3.3 (commencing with Section 2430)
29of Chapter 2 of Division 2 of the Vehicle Code.
30(e)
end delete
31begin insert(f)end insert (1) Violations of this section shall be subject to the remedies
32provided in the Consumers Legal Remedies Act (Title 1.5
33(commencing with Section 1750)).
34(2) The duties, rights, and remedies provided in this section are
35in addition to any other duties, rights, and remedies provided by
36state law.
37(g) For the purposes of this section, the following terms have
38the following meanings:
P5 1(1) “Conspicuously display” means to display a disclosure that
2is at least the same size as and located close to the logo referring
3to the public agency.
4(2) “Logo” means a symbol, graphic, seal, emblem, insignia,
5trade name, brand name, picture, or text identifying a person, firm,
6corporation, association, or public agency.
O
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