Bill Text: CA AB1289 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation network companies: participating drivers: penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 740, Statutes of 2016. [AB1289 Detail]

Download: California-2015-AB1289-Amended.html

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BILL NUMBER: AB 1289	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 21, 2016
	AMENDED IN SENATE  SEPTEMBER 3, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 27, 2015

   An act to add Section 5445.2 to the Public Utilities Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1289, as amended, Cooper. Transportation network companies:
participating drivers: penalties.
   (1) The Passenger Charter-party Carriers' Act defines a
transportation network company as an organization, whether a
corporation, partnership, sole proprietor, or other form, operating
in California that provides prearranged transportation services for
compensation using an online-enabled platform to connect passengers
with drivers using their personal vehicles. A transportation network
company is subject to regulation by the Public Utilities Commission,
which requires, among other things, a criminal background check of
each participating driver. A transportation network company is also
required to have a specified certificate or permit, as appropriate,
from the commission, and is subject to various other requirements. A
violation of the act is generally a misdemeanor and subject to a fine
of not less than $1,000 and not more than $5,000 or by imprisonment
in a county jail for not more than 3 months, or by both that fine and
imprisonment.
   This bill would require a transportation network company to
 conduct comprehensive criminal background checks 
 conduct, or have a 3rd party conduct, a local and national
criminal background check  for each participating 
driver that include local, state, and federal law enforcement
records.   driver, as specified.  The bill would
prohibit a transportation network company from contracting with,
employing, or retaining a driver if he or she  is required by
any law to register as a sex offender or   is currently
registered on the United States Department of Justice National Sex
Offender Public Website,  has been convicted of any violent
felony,  sexual offense, nonfelony violent crime, identity
theft, act of fraud, act of terror,   as defined, 
or, within the previous 7 years,  of any crime involving
property damage, theft,   has been convicted of any
misdemeanor assault or battery, any domestic violence offense,
or driving under the influence of alcohol or drugs.
   The bill would additionally provide that a transportation network
company that violates, or fails to comply with, its provisions is
subject to a penalty of not less than  $500  
$1,000  nor more than  $50,000   $5,000
 for each offense.
   (2) Existing law provides that an investigative consumer reporting
agency shall furnish an investigative consumer report only under
specified circumstances and, except as specified, existing law also
prohibits an investigative consumer reporting agency from making or
furnishing any investigative consumer report containing certain items
of information, including, among other things, records of an arrest,
indictment, information, misdemeanor complaint, or conviction of a
crime that, from the date of disposition, release, or parole,
antedates the report by more than 7 years.
   This bill would, notwithstanding these provisions, authorize an
investigative consumer reporting agency to furnish an investigative
consumer report to a transportation network company about a person
seeking to become a participating driver, regardless of whether the
participating driver is to be an employee or an independent
contractor of the transportation network company. The bill would
provide that the prohibition on including the criminal history
information referenced above in an investigative consumer report does
not apply to a report furnished to a transportation network company
under these provisions.
   (3) Because a violation of the act is a crime, and this bill would
expand the scope of the act, this bill would impose a state-mandated
local program.
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5445.2 is added to the Public Utilities Code,
to read:
   5445.2.  (a) (1) A transportation network company shall 
conduct comprehensive criminal background checks  
conduct, or have a third party conduct, a local and national criminal
background check  for each participating driver that shall
include  local, state, and federal law enforcement records.
  both of the following:  
   (A) A multistate and multijurisdiction criminal records locator or
other similar commercial nationwide database with validation. 

   (B) A search of the United States Department of Justice National
Sex Offender Public Website. 
   (2) A transportation network company shall not contract with,
employ, or retain a driver if he or she  is required by any
law to register as a sex offender or   is currently
  registered on the United States Department of Justice
National Sex Offender Public Website,  has been convicted of
 any of the following: any   a  violent
felony,  sexual offense, nonfelony violent crime, identity
theft, act of fraud, act of terror,   as defined in
Section 667.5 of the Penal Code,  or, within the previous seven
years,  any crime involving property damage, theft, 
 has been convicted of any misdemeanor assault or battery, any
domestic violence offense,  or driving under the influence of
alcohol or drugs. 
   (3) Nothing in this section shall be interpreted to prevent a
transportation network company from imposing additional standards.

   (b) A transportation network company that violates, or fails to
comply with, this section is subject to a penalty of not less than
 five hundred dollars ($500)   one thousand
dollars ($1,000) nor more than  fifty  
five  thousand dollars  ($50,000)  
($5,000)  for each offense.
   (c) (1) Notwithstanding Section 1786.12 of the Civil Code, an
investigative consumer reporting agency may furnish an investigative
consumer report to a transportation network company about a person
seeking to become a participating driver, regardless of whether the
participating driver is to be an employee or an independent
contractor of the transportation network company.
   (2) Paragraph (7) of subdivision (a) of Section 1786.18 of the
Civil Code shall not apply to an investigative consumer report
furnished to a transportation network company pursuant to paragraph
(1).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.