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

Senate Bill No. 556

Introduced by Senator Padilla

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(Coauthor: Senator Corbett)

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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 begin delete agency. end delete begin insert civil law. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 556, as amended, Padilla. begin delete Agency: ostensible: nongovernmental entities. end delete begin insert Providers of health and safety labor or services: identification. end insert

Existing law specifies the authority of agents in dealing with 3rd persons. begin delete Existing law states when an agency is ostensible for purposes of determining the authority of an agent. Existing law end delete begin insert The Consumers Legal Remedies Act end insert 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 begin delete consumer. end delete begin insert 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. end insert

This bill would begin delete prohibit, for all contracts for labor or services entered into on or after January 1, 2015, end delete begin insert prohibit end insert a person, firm, corporation, or association that is a nongovernmental entity and contracts to begin delete perform labor or services relating to end delete begin insert perform, on or after January 1, 2015, end insert public health begin delete or end delete begin insert and end insert safety begin insert labor or services end insert for a public begin delete entity end delete begin insert agency end insert 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 begin delete agency end delete begin insert entity end insert providing public health begin delete or end delete begin insert and end insert safety begin insert labor or end insert services under contract with the public agency to wear a badge containing the logo of the public agency. The bill would begin insert also end insert prohibit a nongovernmental begin delete agency end delete begin insert entity end insert providing public health begin delete or end delete begin insert and end insert safety begin insert labor or end insert 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. begin insert 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 would authorize that these provisions may be enforced by the Consumers Legal Remedies Act. 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:

SECTION 1.  

Title 18 (commencing with Section 3273) is
added to Part 4 of Division 3 of the Civil Code, to read:

 

Title 18.  begin delete CONTRACTS FOR LABOR OR SERVICES FOR
A PUBLIC AGENCY end delete begin insert PROVIDERS OF HEALTH AND SAFETY
LABOR OR SERVICES end insert

 

3273.  

(a) It is unlawful for a person, firm, corporation, or
association that is a nongovernmental entity and contracts to
perform begin delete labor or services relating to end delete public health begin delete or end delete begin insert and end insert safety
begin insert labor or services end insert 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 begin delete subcontracted end delete nongovernmental entity
providing the begin insert public health and safety end insert 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 begin delete labor or services relating to end delete public health begin delete or end delete
begin insert and end insert safety begin insert labor or services end insert 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 begin delete subcontracted end delete
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 begin delete contracts for end delete labor or services begin insert provided
pursuant to a contract end insert 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 begin delete or end delete begin insert and end insert safety begin insert labor
or end insert services, a person or employee of the nongovernmental begin delete agency end delete
begin insert entity end insert 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 begin delete labor or
services relating to end delete public health begin delete or end delete begin insert and end insert safety begin insert labor or services end insert
for a public begin delete agency, end delete begin insert agency end insert 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 begin delete subcontracted end delete
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.

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(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.

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(h)

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begin insert (i) end insert  (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.

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(i)

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begin insert (j) end insert  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, begin delete picture, or text end delete begin insert or picture end insert identifying a
person, firm, corporation, association, or public agency. begin insert “Logo”
shall not mean the name of a public agency used alone. end insert

begin insert

(3) “Public agency” means a state entity, a city, county, city
and county, special district, or other political subdivision of the
state.

end insert begin insert

(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.

end insert