Section § 3273

Explanation

This law states that if a private company is hired to do public health and safety work, they can't make it look like they're government workers. They can't put a public agency's logo on their vehicles without also showing their own logo and name. Their uniforms can have a public agency logo only if it's clear they're not agency employees, and they can't be forced to wear badges with the agency's logo. These rules started in 2015 and don't apply in certain emergencies or with specific vehicle uses. If the rules are broken, there are consumer protection remedies available.

(a)CA Civil Law Code § 3273(a) It is unlawful for a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform public health and safety labor or services 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)CA Civil Law Code § 3273(a)(1) The logo and the name of the person, firm, corporation, or association that is the nongovernmental entity providing the public health and safety labor or services for the public agency.
(2)CA Civil Law Code § 3273(a)(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)CA Civil Law Code § 3273(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 public health and safety labor or services 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 nongovernmental entity providing the labor or services for the public agency.
(c)CA Civil Law Code § 3273(c) The disclosures required pursuant to subdivisions (a) and (b) shall apply to all labor or services provided pursuant to a contract entered into on or after January 1, 2015.
(d)Copy CA Civil Law Code § 3273(d)
(1)Copy CA Civil Law Code § 3273(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 and safety labor or services, a person or employee of the nongovernmental entity to wear a badge containing the logo of the public agency.
(2)CA Civil Law Code § 3273(d)(2) It is unlawful for a person, firm, corporation, or association that is a nongovernmental entity contracting to perform public health and safety labor or services for a public agency to require a person or its employee to wear a badge containing the logo of the public agency.
(e)CA Civil Law Code § 3273(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)CA Civil Law Code § 3273(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)CA Civil Law Code § 3273(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 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.
(h)CA Civil Law Code § 3273(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.
(i)Copy CA Civil Law Code § 3273(i)
(1)Copy CA Civil Law Code § 3273(i)(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)CA Civil Law Code § 3273(i)(2) The duties, rights, and remedies provided in this section are in addition to any other duties, rights, and remedies provided by state law.
(j)CA Civil Law Code § 3273(j) For the purposes of this section, the following terms have the following meanings:
(1)CA Civil Law Code § 3273(j)(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)CA Civil Law Code § 3273(j)(2) “Logo” means a symbol, graphic, seal, emblem, insignia, trade name, brand name, or picture identifying a person, firm, corporation, association, or public agency. “Logo” shall not mean the name of a public agency used alone.
(3)CA Civil Law Code § 3273(j)(3) “Public agency” means a state entity, a city, county, city and county, special district, or other political subdivision of the state.
(4)CA Civil Law Code § 3273(j)(4) “Public health and safety labor or services” means fire protection services, rescue services, prehospital emergency medical services, hazardous material emergency response services, and ambulance services.