SB 556,
as amended, begin deleteCorbettend delete begin insertPadillaend insert. 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 prohibitbegin insert, for all contracts for labor or services entered into on or after January 1, 2015,end insert a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform labor or services relating to public health or safety 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 displaysbegin delete a disclosure, as specified.end deletebegin insert specific disclosures. The bill would prohibit a public agency from requiring a person or employee of a nongovernmental agency providing public health or safety services under contract with the public agency to wear a badge containing the logo of the public agency. The bill would prohibit a nongovernmental agency providing public health or safety 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.end insert
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 relating to public health or safety 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 vehicle conspicuously displaysbegin delete one of the
14
following disclosures:end delete
15is the service provider, contractor, or other appropriate descriptor,
16such as “SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
17immediately followed by all of the following:end insert
18(1) A statement indicating that the contractor is the service
19provider, contractor, or other appropriate descriptor, such as
20“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
21immediately followed by all of the following:
22(A)
end delete
P3 1begin insert(1)end insert Thebegin insert logo and theend insert name of the person, firm, corporation, or
2association that is the subcontracted nongovernmental entity
3providing the labor or services for the public agency.
4(B) The state or federal tax designation of that person, firm,
5corporation, or association.
6(C)
end delete
7begin insert(2)end insert Thebegin delete city,end delete
state, or if outside of the United States, the country
8where the nongovernmental entity’s controlling person, firm,
9corporation, or association is legally incorporated, organized, or
10
formed.
11(2) A statement indicating that the contractor is the service
12provider, contractor, or other appropriate descriptor, such as
13“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
14immediately followed by the logo of the person, firm, corporation,
15or association that is the subcontracted nongovernmental entity
16providing the labor or services for a public agency.
17(b) It is unlawful for a person or an employee of a person, firm,
18corporation, or association that is a nongovernmental entity and
19contracts to perform labor or services relating to public health or
20safety for a public agency to
wear a uniform bearing a logo of the
21public agency thatbegin delete together with the appearance of the uniformend delete
22 reasonably could be interpreted or construed as implying that the
23labor or services are being provided by employees of the public
24agency, unless the uniform conspicuously displaysbegin delete one of the
25following
disclosures:end delete
26corporation, or association that is the subcontracted
27nongovernmental entity providing the labor or services for the
28public agency.end insert
29(1) A statement indicating that the contractor is the service
30provider, contractor, or other appropriate descriptor, such as
31“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
32immediately followed by all of the following:
33(A) The name of the person, firm, corporation, or association
34that is the subcontracted nongovernmental entity providing the
35labor or services for the public agency.
36(B) The state or federal tax designation of that person, firm,
37corporation, or association.
38(C) The city, state, or if outside of the United States, the country
39where the nongovernmental entity’s controlling person, firm,
P4 1corporation, or association is
legally incorporated, organized, or
2formed.
3(2) A statement indicating that the contractor is the service
4provider, contractor, or other appropriate descriptor, such as
5“SERVICE PROVIDED BY:” or “CONTRACTED BY:”,
6immediately followed by the logo of the person, firm, corporation,
7or association that is the subcontracted nongovernmental entity
8providing the labor or services for a public agency.
9(c) The disclosures required pursuant to subdivisions (a) and
10(b) shall apply to all contracts for labor or services entered into
11on or after January 1, 2015.
12(d) (1) It is unlawful for a public agency to require, through a
13contract with a person, firm, corporation, or association that is a
14nongovernmental entity providing public health or safety services,
15a person or employee of the nongovernmental agency to wear a
16badge containing the logo of the public agency.
17(2) It is unlawful for a person, firm, corporation, or association
18that is a nongovernmental entity contracting to perform labor or
19services relating to public health or safety for a public agency, to
20require a person or its employee to wear a badge containing the
21logo of the public agency.
22(c)
end delete
23begin insert(e)end insert For the purposes of subdivision (b), an identifying mark
24affixed to a uniform as required by state or federal law, and a local
25agency regulating the activity of the person, firm, corporation, or
26association shall not be construed as implying that the labor or
27services are being provided by employees of the public agency.
28(d)
end delete
29begin insert(f)end insert If a vehicle or uniform displays more than one logo referring
30to the public agency, then the required disclosure
shall be placed
31near the largest logo referring to the public agency.
32(e)
end delete
33begin insert(g)end insert The disclosure requirements in subdivisions (a) and (b) of
34this section shall not apply to uniforms or vehicles if the person,
35firm, corporation, or association that is the subcontracted
36nongovernmental entity is providing the labor or services for a
37public agency under Article 3.3 (commencing with Section 2430)
38of Chapter 2 of Division 2 of the Vehicle Code.
39(f)
end delete
P5 1begin insert(h)end insert (1) Violations of this section shall be subject to the remedies
2provided in the Consumers Legal Remedies Act (Title 1.5
3(commencing with Section 1750)).
4(2) The duties, rights, and remedies provided in this section are
5in addition to any other duties, rights, and remedies provided by
6state law.
7(g)
end delete
8begin insert(i)end insert For the purposes of this section, the following terms have
9the
following meanings:
10(1) “Conspicuouslybegin delete display”end deletebegin insert displays”end insert means to display a
11disclosurebegin delete that is at least the same size as and located close to the begin insert
on the exterior of a vehicle or
12logo referring to the public agency.end delete
13uniform in the same location as the logo of the public agency,
14placed prominently as compared with other words, statements, or
15designs displayed in connection with the logo of the public agency.
16With respect to a uniform, “in the same location” includes, but is
17not limited to, a location on the opposing shoulder, pocket, or
18similar opposing location relative to the location of the logo of
19the public agency.end insert
20(2) “Logo” means a symbol, graphic, seal, emblem, insignia,
21trade name, brand name, picture, or text identifying a person, firm,
22corporation, association, or public agency.
O
91