California Senate Bill SB556 Amended / Bill

 BILL NUMBER: SB 556AMENDED BILL TEXT AMENDED IN SENATE MAY 29, 2013 AMENDED IN SENATE MAY 9, 2013 AMENDED IN SENATE APRIL 9, 2013 INTRODUCED BY Senator Corbett FEBRUARY 22, 2013 An act to add Section 2810.7 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, with certain exceptions, make  a person or entity that enters into a contract or agreement   a public agency that contracts  for labor or services with a contractor  jointly and severally  liable for any damages caused  by the contractor or the contractor's employee for work performed   during or in connection with the performance of work  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   public agency  . This section would  only  apply  only  to contracts entered into on or 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.  Except   (a)     Notwithstanding all other existing theories of liability, and except  for damage or injury resulting from gross negligence or a willful act, a  person or entity   public agency  that  enters into a contract or agreement   contracts  for labor or services with a contractor shall be  jointly and severally  liable for any damages caused  by the contractor or the contractor's employee for work performed   during or in connection with the performance of work  under the contract if, at the time of the damage or injury, either of the following occurred:  (a)   (1)  The contractor or contractor's employee was authorized or required by the  person or entity   public agency  to wear a uniform that is substantially similar to the uniform of the  person or entity   public agency  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   public agency  .  (b)   (2)  The contractor or contractor's employee operated a vehicle that was authorized or required by the  person or entity   public agency  to display the logo of the  person or entity and   public agency so that  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   public agency  .  (b) For purposes of this section, an identifying mark affixed to a uniform or vehicle as required by state or federal law, and the local agency that regulates the activity of the contractor, shall not be determinative.  (c) This section shall  only  apply  only  to contracts entered into on or after January 1, 2014.  (d) For the purposes of this section, "public agency" shall not include the state.