BILL NUMBER: SB 556 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY SEPTEMBER 4, 2013
AMENDED IN ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY JULY 1, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN SENATE MAY 29, 2013
AMENDED IN SENATE MAY 9, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Padilla
( Coauthor: Senator Corbett
)
FEBRUARY 22, 2013
An act to add Title 18 (commencing with Section 3273) to Part 4 of
Division 3 of the Civil Code, relating to agency.
civil law.
LEGISLATIVE COUNSEL'S DIGEST
SB 556, as amended, Padilla. Agency: ostensible:
nongovernmental entities. Providers of health and
safety labor or services: identification.
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
The Consumers Legal Remedies Act 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. consumer, as defined, and authorizes
specified remedies for a consumer who suffers damages as a result of
the use of these methods, acts, or practices.
This bill would prohibit, for all contracts for labor or
services entered into on or after January 1, 2015,
prohibit a person, firm, corporation, or association that is a
nongovernmental entity and contracts to perform labor or
services relating to perform, on or after January 1,
2015, public health or and safety
labor or services for a public entity
agency 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 specific
disclosures. The bill would prohibit a public agency from requiring
a person or employee of a nongovernmental agency
entity providing public health or
and safety labor or services under contract with the
public agency to wear a badge containing the logo of the public
agency. The bill would also prohibit a nongovernmental
agency entity providing public health
or and safety labor or
services under contract with a public agency from requiring a person
or its employee to wear a badge containing the logo of the public
agency. This bill would define the term "public health and
safety labor or services" to mean fire protection services, rescue
services, emergency medical services, hazardous material emergency
response services, and ambulance services. This bill w
ould authorize that these provisions may be enforced by the Consumers
Legal Remedies Act.
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. Title 18 (commencing with Section 3273) is added to
Part 4 of Division 3 of the Civil Code, to read:
TITLE 18. CONTRACTS FOR LABOR OR SERVICES FOR A
PUBLIC AGENCY PROVIDERS OF HEALTH AND SAFETY LABOR OR
SERVICES
3273. (a) It is unlawful for a person, firm, corporation, or
association that is a nongovernmental entity and contracts to perform
labor or services relating to public health
or and safety labor or services
for a public agency to display on a vehicle a logo of the
public agency that reasonably could be interpreted or construed as
implying that the labor or services are being provided by employees
of the public agency, unless the vehicle conspicuously displays a
statement indicating that the contractor is the service provider,
contractor, or other appropriate descriptor, such as "SERVICE
PROVIDED BY:" or "CONTRACTED BY:", immediately followed by all of the
following:
(1) The logo and the name of the person, firm, corporation, or
association that is the subcontracted
nongovernmental entity providing the public health and safety
labor or services for the public agency.
(2) The state, or if outside of the United States, the country
where the nongovernmental entity's controlling person, firm,
corporation, or association is legally incorporated, organized, or
formed.
(b) It is unlawful for a person or an employee of a person, firm,
corporation, or association that is a nongovernmental entity and
contracts to perform labor or services relating to
public health or and safety labor
or services for a public agency to wear a uniform bearing a
logo of the public agency that reasonably could be interpreted or
construed as implying that the labor or services are being provided
by employees of the public agency, unless the uniform conspicuously
displays the logo and the name of the person, firm, corporation, or
association that is the subcontracted
nongovernmental entity providing the labor or services for the public
agency.
(c) The disclosures required pursuant to subdivisions (a) and (b)
shall apply to all contracts for labor or services
provided pursuant to a contract entered into on or after
January 1, 2015.
(d) (1) It is unlawful for a public agency to require, through a
contract with a person, firm, corporation, or association that is a
nongovernmental entity providing public health or
and safety labor or services, a person or
employee of the nongovernmental agency entity
to wear a badge containing the logo of the public agency.
(2) It is unlawful for a person, firm, corporation, or association
that is a nongovernmental entity contracting to perform
labor or services relating to public health or
and safety labor or services for a
public agency, agency to require a
person or its employee to wear a badge containing the logo of the
public agency.
(e) For the purposes of subdivision (b), an identifying mark
affixed to a uniform as required by state or federal law, and a local
agency regulating the activity of the person, firm, corporation, or
association shall not be construed as implying that the labor or
services are being provided by employees of the public agency.
(f) If a vehicle or uniform displays more than one logo referring
to the public agency, then the required disclosure shall be placed
near the largest logo referring to the public agency.
(g) The disclosure requirements in subdivisions (a) and (b) of
this section shall not apply to uniforms or vehicles if the person,
firm, corporation, or association that is the subcontracted
nongovernmental entity is providing the labor or services
for a public agency under Article 3.3 (commencing with Section 2430)
of Chapter 2 of Division 2 of the Vehicle Code.
(h) The disclosure requirements in subdivisions (a) and (b) shall
not apply to a public agency vehicle utilized by the nongovernmental
entity during a declared state or federal disaster, mass-casualty
incident, or other incident that requires the use of state or federal
resources when the public agency requires the use of the public
agency vehicle.
(h)
(i) (1) Violations of this section shall be subject to
the remedies provided in the Consumers Legal Remedies Act (Title 1.5
(commencing with Section 1750)).
(2) The duties, rights, and remedies provided in this section are
in addition to any other duties, rights, and remedies provided by
state law.
(i)
(j) For the purposes of this section, the following
terms have the following meanings:
(1) "Conspicuously displays" means to display a disclosure on the
exterior of a vehicle or uniform in the same location as the logo of
the public agency, placed prominently as compared with other words,
statements, or designs displayed in connection with the logo of the
public agency. With respect to a uniform, "in the same location"
includes, but is not limited to, a location on the opposing shoulder,
pocket, or similar opposing location relative to the location of the
logo of the public agency.
(2) "Logo" means a symbol, graphic, seal, emblem, insignia, trade
name, brand name, picture, or text or picture
identifying a person, firm, corporation, association, or
public agency. "Logo" shall not mean the name of a public agency
used alone.
(3) "Public agency" means a state entity, a city, county, city and
county, special district, or other political subdivision of the
state.
(4) "Public health and safety labor or services" means fire
protection services, rescue services, emergency medical services,
hazardous material emergency response services, and ambulance
services.