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AB-1069 Local government: taxicab transportation services.(2017-2018)

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Date Published: 06/28/2017 09:00 PM
AB1069:v96#DOCUMENT

Amended  IN  Senate  June 28, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1069


Introduced by Assembly Member Low

February 16, 2017


An act to amend Section 53075.5 of add Section 53075.51 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1069, as amended, Low. Local government: taxicab transportation services.
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, the establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified. Existing law also authorizes a city or county to levy a charge on a taxicab transportation service that is sufficient to pay for the costs of carrying out the ordinance or resolution adopted by the city or county in regards to taxicab transportation services.
This bill would authorize each of 10 specified counties to regulate taxi service within the respective county by means of a countywide transportation agency, as defined for each of those counties. The bill would, after January 1, 2019, prohibit an authorized county that does not regulate taxi service by means of a countywide transportation agency, and the cities within that county, from regulating taxi service. The bill would require the sheriff in a county that does not regulate taxi service pursuant to these provisions to administer criminal background checks and drug testing for taxicab drivers within that county. By increasing the duties of sheriffs, this bill would impose a state-mandated local program.

This bill would repeal the above requirements and authorization for a city and instead apply those provisions only to a county. The bill would authorize a county to enter into an agreement with the most populated city that regulates taxicabs within the county’s jurisdiction, or a regional entity established to regulate taxicab transportation services, to perform the responsibilities of the county on the county’s behalf, and would provide that a regional entity so designated would have until June 1, 2018, to comply with the provisions of the bill. The

The bill would require a county countywide transportation agency to provide, in its policy for entry into the business of providing taxicab transportation service, that the taxicab driver comply with a drug testing program, as specified, and pass a criminal background check using a live scan fingerprint provider with monitoring. The bill would also repeal the requirement that a county, when regulating a taxicab company, provide for the establishment of rates for the provision of a taxicab company, and would, instead, prohibit a county countywide transportation agency from limiting or prohibiting a licensed taxicab transportation service from setting fares or charging a flat rate, except that a county countywide transportation agency would be permitted to establish a maximum rate. The bill also would require that a county ensure that any charge imposed authorize a countywide transportation agency to impose a charge on a taxicab transportation service does not exceed that is limited to the reasonable regulatory costs of administering and enforcing the program, and would authorize the City and County of San Francisco to impose a charge that is sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services. enforcing the program. The bill would authorize an entity a county or city that operates an airport to regulate the access to airports by taxicabs and to set access fees at the airport. The bill would authorize a licensed permitted taxicab company to use any device or technology approved by the Division of Measurement Standards to calculate fares. fares, as specified. The bill would require a licensed permitted taxicab company to disclose fares, fees, or rates to a potential customer before the customer accepts the ride, and to post also disclose rates for walkup rides and street hails. hails, as specified. The bill would authorize a city or county to limit the number of taxicab companies or vehicles that use specified areas within the city’s or county’s jurisdiction. The bill would prohibit a city or county or countywide transportation agency from limiting or prohibiting prearranged trips by a licensed taxicab company.
The bill would require a city or county countywide transportation agency to issue an inspection sticker to a taxicab that complies with specified requirements, and to issue a photo permit to a taxi driver that complies with specified requirements. The bill would authorize a county countywide transportation agency to accept a taxi permit issued by another county countywide transportation agency as valid, and to issue that taxicab an inspection sticker or photo permit to operate within that the county. The bill would define the terms “licensed “permitted taxicab company” and “licensed “permitted taxicab driver” for these purposes. The bill would make it unlawful to operate a taxicab in a participating county without a valid certificate, license, or permit and would make a violation of the requirement to obtain a license punishable by a fine. By imposing new duties on local governments, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the counties specified in this measure.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 53075.5 of the Government Code is amended to read:
53075.5.

(a)(1)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, that is operated within the jurisdiction of the county.

(2)A county may perform the responsibilities required by this section by entering into an agreement with the most populated city within its jurisdiction that regulates taxicab transportation service, or a regional entity established to regulate taxicab transportation services, to perform these responsibilities on the county’s behalf. A regional entity designated by a county to regulate transportation services pursuant to this paragraph shall have until June 1, 2018, to comply with the requirements of this section as it was amended by the act adding this paragraph.

(b)Each county shall provide for, but is not limited to providing for, the following:

(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions:

(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (2) and passage of a fingerprint criminal background check using a live scan fingerprint provider with monitoring, shall be a condition of issuance of a driver’s permit.

(B)The driver’s permit shall become void upon termination of employment.

(C)The driver’s permit shall state the name of the employer.

(D)The employer shall notify the county upon termination of employment.

(E)The driver shall return the permit to the county upon termination of employment.

(2)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:

(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the county, and the county shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the county of positive results.

(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.

(vii)Upon the request of a driver applying for a permit, the county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the county knows offer tests in or near the jurisdiction.

(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(c)(1)A county may levy service charges, fees, or assessments only in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. A county shall ensure that any charge, fee, or assessment imposed under this subdivision does not exceed the reasonable regulatory cost required to administer and enforce the program established by the county.

(2)The city and county of San Francisco shall be exempt from paragraph (1). The city and county of San Francisco may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.

(d)Notwithstanding any other provision of this section, the entity that operates an airport may adopt an ordinance, resolution, charter provision, or undertake administrative actions to regulate access to the airport by taxicabs. The airport operator shall have ultimate authority to regulate access to the airport and set access fees at the airport.

(e)A county shall not limit or prohibit a licensed taxicab company from setting fares or charging a flat rate. However, a county may set a maximum rate.

(f)A licensed taxicab company may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of global positioning system metering.

(g)A licensed taxicab company shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make an informed decision. A licensed taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, cellular telephone application, or phone orders upon request by the consumer.

(h)A licensed taxicab company shall post rates for walkup rides and street hails in the vehicle.

(i)A city may limit the number of taxicab companies or vehicles that may use taxi stand areas, pick up passengers at airports, or pick up street hails in that city’s jurisdiction.

(j)A city or county shall not limit or prohibit a prearranged trip by a licensed taxicab company. For purposes of this subdivision, “prearranged trips” means trips originated through a dispatch, an Internet Web site, or an online-enabled application.

(k)(1)A county shall issue to a taxicab that complies with all provisions of this section, and with all applicable local ordinances or resolutions of that county, an inspection sticker. A county shall issue to a taxi driver that complies with all provisions of this section, and with all applicable local ordinances or resolutions of that county, a photo permit, and that driver is required to display that photo permit in a place visible to a passenger. A taxicab, or taxi driver, issued an inspection sticker or photo permit under this subdivision may operate countywide.

(2)A county may accept a taxi certificate, license, or permit issued by another county as valid, and thereby may issue to that taxicab an inspection sticker or photo permit that authorizes that taxicab to operate within the county.

(l)For purposes of this section, “employment” includes self-employment as an independent driver.

(m)For purposes of this section, the term “licensed taxicab driver” or “licensed taxicab company” means a taxicab driver or taxicab company that is licensed to operate in a county and has complied with all provisions of this section, and with all applicable local ordinances or resolutions, and has been issued an inspection sticker or photo permit pursuant to subdivision (k).

(n)(1)It shall be unlawful to operate a taxicab without a valid certificate, license, or permit.

(2)The minimum fine for violation of paragraph (1) of this subdivision shall be five thousand dollars ($5,000) and shall be payable to the jurisdiction where the violation occurred.

SECTION 1.

 Section 53075.51 is added to the Government Code, immediately following Section 53075.5, to read:

53075.51.
 (a) (1) Taxicab transportation service permits and taxi driver’s permits may be administered by a countywide transportation agency in the following counties:
(A) Los Angeles.
(B) San Diego.
(C) Orange.
(D) Riverside.
(E) San Bernardino.
(F) Santa Clara.
(G) Alameda.
(H) Sacramento.
(I) Contra Costa.
(J) Fresno.
(2) Taxicab transportation service permits and taxi driver’s permits issued by the countywide transportation agency shall be valid countywide.
(3) Notwithstanding Section 53075.5, beginning January 1, 2019, the counties listed in paragraph (1) and the cities within those counties shall not regulate taxi companies except through a countywide transportation agency as allowed by this section.
(4) Each of the counties listed in paragraph (1) that participates under this section, and the cities within each of those counties, shall enact an ordinance that adopts, and provides for the enforcement of, the regulations developed by the relevant countywide transportation agency as described in this section.
(5) If a countywide transportation agency in a county listed in paragraph (1) does not administer the permitting of taxicabs, the sheriff of that county shall administer criminal background checks and drug testing for taxicab drivers within that county.
(b) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the drug testing program adopted pursuant to subdivision (b) of Section 53075.5 and passage of a fingerprint criminal background check using a live scan fingerprint provider with monitoring, shall be a condition of issuance of a driver’s permit by the countywide transportation agency.
(c) The countywide transportation agency may levy service charges, fees, or assessments limited to the amount sufficient to pay for the costs of carrying out the regulation of taxicab transportation services pursuant to this section.
(d) In a county for which a countywide transportation agency has been established pursuant to this section, a city or the county that operates an airport may adopt an ordinance or charter provision to regulate access to the airport by taxicabs. The airport operator shall have ultimate authority to regulate taxicab access to the airport and set access fees for taxicabs at the airport.
(e) A countywide transportation agency, or a city or the county, shall not limit or prohibit a permitted taxicab company from setting fares or charging a flat rate. However, the countywide transportation agency may set a maximum rate.
(f) A permitted taxicab company may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code.
(g) A permitted taxicab company shall disclose fares, fees, or rates to the customer. A permitted taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, cellular telephone application, or phone orders upon request by the customer.
(h) A permitted taxicab company shall notify the passenger of the rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided in any of the following forms:
(1) On the exterior of the vehicle.
(2) Within an application of a mobile phone, device, or other internet-connected device.
(3) Clearly visible in either print or electronic form inside the taxicab.
(i) A city or county may limit the number of taxicab companies or vehicles that may use taxistand areas or pick up street hails in that city or county’s jurisdiction.
(j) A countywide transportation agency, or a city or the county, shall not limit or prohibit a prearranged trip by a permitted taxicab company within the county.
(k) The countywide transportation agency administering the taxi permit shall issue to a taxicab that complies with all provisions of this section, and with all applicable requirements of that countywide agency, an inspection sticker. The countywide transportation agency shall issue to a taxi driver that complies with all provisions of this section, and with all applicable requirements of the countywide agency, a photo permit, and that driver is required to display that photo permit in a place visible to a passenger. A taxicab, or taxi driver, issued an inspection sticker or photo permit under this subdivision may operate countywide.
(l) A countywide transportation agency may accept a taxi permit issued by another countywide transportation agency as valid, and thereby may issue to that taxicab an inspection sticker or photo permit that authorizes that taxicab to operate within the county.
(m) For purposes of this section, the following terms shall have the following meanings:
(1) The term “permitted taxicab driver” or “permitted taxicab company” means a taxicab driver or a taxicab company that has a permit to operate issued by the countywide transportation agency and has complied with all provisions of this section.
(2) “Countywide transportation agency” means:
(A) In the County of Los Angeles, the Los Angeles County Metropolitan Transportation Authority.
(B) In the County of San Diego, the San Diego Association of Governments.
(C) In the County of Orange, the Orange County Transportation Authority.
(D) In the County of Riverside, the Riverside County Transportation Commission.
(E) In the County of San Bernardino, the San Bernardino County Transportation Authority.
(F) In the County of Santa Clara, the Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code.
(G) In the County of Alameda, the Alameda County Transportation Commission.
(H) In the County of Sacramento, the Sacramento Area Council of Governments.
(I) In the County of Contra Costa, the Contra Costa Transportation Authority.
(J) In the County of Fresno, the Fresno Council of Governments.
(3) “Employment” includes self-employment as an independent driver.
(4) “Prearranged trip” means a trip originated through a dispatch, an Internet Web site, or an online-enabled application.
(n) (1) In a county that participates under this section, it shall be unlawful to operate a taxicab in a county participating under this section without a valid permit to operate issued by the countywide transportation agency.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars ($5,000) and shall be payable to the county or city where the violation occurred.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the circumstances unique to the larger counties in the state with respect to the regulation of taxicab services.

SEC. 2.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.