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 servicesbegin insert relating toend insertbegin insert public health or safetyend insert for a public entity from displaying on a vehicle or uniform a logo, as defined, 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 servicesbegin insert relating toend insertbegin insert public health or safetyend insert for a
10public agency to display on a vehicle a logo of the public agency
11that reasonably could be interpreted or construed as implying that
12the labor or services are being provided by employees of the public
13agency, unless the vehiclebegin insert conspicuouslyend insert displays one of the
14
following disclosures:
15(1) Abegin delete conspicuously displayedend delete statement indicating that the
16contractor is the service provider, contractor, or other appropriate
17descriptor, such as “SERVICE PROVIDED BY:” or
18“CONTRACTED BY:”, immediately followed by all of the
19following:
20(A) The name of the person, firm, corporation, or association
21that is the subcontracted nongovernmental entity providing the
22labor or services for the public agency.
23(B) The state or federal tax designation of that person, firm,
24corporation, or association.
25(C) The city, state, or if outside of the United States, the
country
26where the nongovernmental entity’s controlling person, firm,
27corporation, or association is legally incorporated, organized, or
28
formed.
29(2) Abegin delete conspicuously displayedend delete statement indicating that the
30contractor is the service provider, contractor, or other appropriate
31descriptor, such as “SERVICE PROVIDED BY:” or
32“CONTRACTED BY:”, immediately followed by the logo of the
P3 1person, firm, corporation, or association that is the subcontracted
2nongovernmental entity providing the labor or services for a public
3agency.
4(3) If the contracting person, firm, corporation, or association
5is a nongovernmental entity subject to the requirements of Section
627900 of the Vehicle Code, disclosures meeting the vehicle
7disclosure requirements of that section.
8(b) It is unlawful for a person or an employee of a person, firm,
9corporation, or association that is a nongovernmental entity and
10contracts to perform labor or servicesbegin insert relating toend insertbegin insert public health or
11safetyend insert for a public agency to wear a uniform bearing a
logo of the
12public agency that together with the appearance of the uniform
13reasonably could be interpreted or construed as implying that the
14labor or services are being provided by employees of the public
15agency, unless the uniform conspicuously displays one of the
16following
disclosures:
17(1) A statement indicating that the contractor is the service
18provider, contractor, or other appropriate descriptor, such as
19“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
20immediately followed by all of the following:
21(A) The name of the person, firm, corporation, or association
22that is the subcontracted nongovernmental entity providing the
23labor or services for the public agency.
24(B) The state or federal tax designation of that person, firm,
25corporation, or association.
26(C) The city, state, or if outside of the United States, the country
27where the nongovernmental entity’s controlling person, firm,
28corporation, or association is
legally incorporated, organized, or
29formed.
30(2) A statement indicating that the contractor is the service
31provider, contractor, or other appropriate descriptor, such as
32“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
33immediately followed by the logo of the person, firm, corporation,
34or association that is the subcontracted nongovernmental entity
35providing the labor or services for a public agency.
36(c) For the purposes of subdivision (b), an identifying mark
37affixed to a uniform as required by state or federal law, and a local
38agency regulating the activity of the person, firm, corporation, or
39association shall not be construed as implying that the labor or
40services are being provided by employees of the public agency.
P4 1(d) If a vehicle or uniform displays more than one logo referring
2to the public agency, then the required disclosure shall be placed
3near the largest logo referring to the public agency.
4(e) The disclosure requirements in subdivisions (a) and (b) of
5this section shall not apply to uniforms or vehicles if the person,
6firm, corporation, or association that is the subcontracted
7nongovernmental entity is providing the labor or services for a
8public agency under Article 3.3 (commencing with Section 2430)
9of Chapter 2 of Division 2 of the Vehicle Code.
10(f) (1) Violations of this section shall be subject to the remedies
11provided in the Consumers Legal Remedies Act (Title 1.5
12(commencing with Section 1750)).
13(2) The duties, rights, and remedies provided in this section are
14in addition to any other duties, rights, and remedies provided by
15state law.
16(g) For the purposes of this section, the following terms have
17the following meanings:
18(1) “Conspicuously display” means to display a disclosure that
19is at least the same size as and located close to the logo referring
20to the public agency.
21(2) “Logo” means a symbol, graphic, seal, emblem, insignia,
22trade name, brand name, picture, or text identifying a person, firm,
23corporation, association, or public agency.
O
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