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

California Assembly Bill 1289 (Prior Session Legislation)

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

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

BILL NUMBER: AB 1289	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	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, or have a 3rd party conduct, a local and national criminal
background check for each participating driver, as specified. The
bill would prohibit a transportation network company from contracting
with, employing, or retaining a driver if he or  she
  she, among other things,  is currently registered
on the United States Department of Justice National Sex Offender
Public Website, has been convicted of any  of certain
terrorism-related felonies or a  violent felony, as defined, or,
within the previous 7 years, has been convicted of any misdemeanor
assault or battery, any domestic violence offense,  or
 driving under the influence of alcohol or  drugs.
  drugs, or any of a specified list of felonies. 
   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 $1,000 nor more than $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,
or have a third party conduct, a local and national criminal
background check for each participating driver that shall include
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.   Web site. 
   (2) A transportation network company shall not contract with,
employ, or retain a driver if he or she  is  
meets either of the following criteria: 
    (A)    Is  currently registered on the
United States Department of Justice National Sex Offender Public
 Website, has   Web site. 
    (B)     Has  been convicted of
 a   any of the following offenses: 
    (i)     A  violent felony, as defined
in Section 667.5 of the Penal  Code, or, within 
 Code.  
   (ii) A violation of Section 11413, 11418, 11418.5, or 11419 of the
Penal Code. 
    (3)     A transportation network company
shall not contract with, employ, or retain a driver if he or she has
been convicted of any of the following offenses within  the
previous seven  years, has been convicted of any misdemeanor
  years. 
    (A)     Misdemeanor  assault or
 battery, any domestic   battery. 
    (B)     A   domestic 
violence  offense, or driving under the influence of alcohol
or drugs.   offense.  
   (C) Driving under the influence of alcohol or drugs.  
   (D) A felony violation of Section 18540 of the Elections Code, or
of Section 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, 530, or 18500
of, subdivision (a) of Section 484 of, subdivision (a) of Section 487
of, or subdivision (b) of Section 25540 of, the Penal Code. 

   (4) Paragraphs (2) and (3) shall apply regarding a conviction of
any offense committed in another jurisdiction that includes all of
the elements of any of the offenses described or defined in those
paragraphs.  
   (3) 
    (5)  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
one thousand dollars ($1,000) nor more than five thousand dollars
($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.