California 2013 2013-2014 Regular Session

California Senate Bill SB556 Amended / Bill

Filed 04/09/2013

 BILL NUMBER: SB 556AMENDED BILL TEXT AMENDED IN SENATE APRIL 9, 2013 INTRODUCED BY Senator Corbett FEBRUARY 22, 2013 An act to amend Section  2300 of the Civil Code   2810.7 of the Labor Code  , relating to  civil law   agency  . LEGISLATIVE COUNSEL'S DIGEST SB 556, as amended, Corbett. Agency: ostensible. 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. This bill would  make technical, nonsubstantive changes to that provision   provide that a person or entity that enters into a contract or agreement for labor or services with a contractor is liable for any damages caused by the contractor or the contractor's employee for work performed under the contract if, at the time of the damage, certain circumstances existed that would cause a member of the public to believe that the contractor or the contractor's employee was an agent of the person or entity  . 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.   Section 2810.7 is added to the   Labor Code   , to read:   2810.7. A person or entity that enters into a contract or agreement for labor or services with a contractor shall be liable for any damages caused by the contractor or the contractor's employee for work performed under the contract if, at the time of the damage, either of the following occurred: (a) The contractor or contractor's employee wore a uniform that is substantially similar to the uniform of the person or entity so as to cause a member of the public to believe that the contractor or contractor's employee was an agent of the person or entity. (b) The contractor or contractor's employee operated a vehicle with the logo of the person or entity and the vehicle had an appearance that would cause a member of the public to believe that the contractor or contractor's employee was an agent of the person or entity.   SECTION 1.   Section 2300 of the Civil Code is amended to read: 2300. An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another person to be his or her agent who is not really employed by him or her.