California 2013 2013-2014 Regular Session

California Senate Bill SB556 Amended / Bill

Filed 05/09/2013

 BILL NUMBER: SB 556AMENDED BILL TEXT AMENDED IN SENATE MAY 9, 2013 AMENDED IN SENATE APRIL 9, 2013 INTRODUCED BY Senator Corbett FEBRUARY 22, 2013 An act to  amend   add  Section 2810.7  of   to  the Labor Code, relating to 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  provide that   , with certain exceptions, make  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  or   injury  , 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.  This section would only apply to contracts entered into on o   r after January 1, 2014.  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   Except for damage or injury resulting from gross negligence or a willful act, 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  or injury  , either of the following occurred: (a) The contractor or contractor's employee  wore   was authorized or required by the person or entity to wear  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   that was authorized or required by the person or entity to display  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.  (c) This section shall only apply to contracts entered into on or after January 1, 2014.