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

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Date Published: 04/18/2017 09:00 PM
AB1069:v98#DOCUMENT

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 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 a city or county to establish a maximum rate structure that would prohibit a taxicab transportation service from charging a rate to a passenger that is greater than a rate established by the city. This 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, as specified, within the county’s jurisdiction to perform the responsibilities of the county on the county’s behalf. The bill would require a county to provide, in its policy for entry into the business of providing taxicab transportation service, that the taxicab driver 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 taxicab company, and would, instead, prohibit a county from limiting or prohibiting a licensed taxicab transportation service from setting fares or charging a flat rate. The bill also would require that a city or county ensure that any charge imposed on a taxicab transportation service does not exceed the reasonable regulatory costs of administering and enforcing the program. This bill would authorize a city or county to limit the number of taxicabs or taxicab companies that may use specified areas within the city or county. This bill would prohibit a city or county from prohibiting a licensed taxicab from establishing prearranged trips, as specified. This The bill would authorize a city or county to adopt an ordinance, resolution, or charter provision to regulate the access to airports by taxicabs. The bill would require a city or county to allow authorize a licensed taxicab company to use any device or technology approved by the state to calculate fares, and fares. The bill would require a licensed taxicab company to disclose fares, fees, or rates to a potential customer before the customer accepts the ride. This ride, and to post rates for walkup rides and street hails. The bill would require a city or county 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. This The bill would authorize a county to accept a taxi permit issued by another county as valid, and to issue that taxicab an inspection sticker or photo permit to operate within that county. The bill would define the terms “licensed taxicab company” and “licensed taxicab driver” for these purposes. The bill would make it unlawful to operate a taxicab without a valid certificate, license, or permit and would make a violation punishable by a fine. By imposing new duties on local governments, this bill would impose a state-mandated local program.
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 city or 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, which that is operated within the jurisdiction of the city or 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 to perform these responsibilities on the county’s behalf.
(b) Each city or 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 (3), (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 city or county upon termination of employment.
(E) The driver shall return the permit to the city or county upon termination of employment.

(2)The establishment or registration of rates for the provision of taxicab transportation service.

(3)

(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 city or 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 city or county, which 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 city or 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 city or 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 city or 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) Each city or 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.

(d)Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.

(d) Notwithstanding any other provision of this section, a city or county may adopt an ordinance, resolution, or charter provision to regulate the access to airports by taxicabs.
(e) A county shall not limit or prohibit a licensed taxicab company from setting fares or charging a flat rate.
(f) A licensed taxicab company may use any type of device or technology 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 or cellular telephone application.
(h) A licensed taxicab company shall post rates for walkup rides and street hails in the vehicle.
(i) (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.
(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.

(e)

(j) For purposes of this section, “employment” includes self-employment as an independent driver.
(k) 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 (i).
(l) (1) It shall be unlawful to operate a taxicab without a valid certificate, license, or permit.
(2) The minimum fine for violation of this section shall be five thousand dollars ($5,000) and shall be payable to the entity responsible for issuing a certificate, license, or permit in the jurisdiction where the violation occurred.

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

(a)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or 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, which is operated within the jurisdiction of the city or county.

(b)Each city or 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 (3), 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 city or county upon termination of employment.

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

(2)The establishment or registration of rates for the provision of taxicab transportation service. A city or county may establish a maximum rate structure that prohibits a taxicab transportation service from charging a rate that is greater than a defined rate, but a city or county shall not limit or prohibit a taxicab transportation service from charging a rate that is lesser than the maximum rate structure.

(3)(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 city or 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 city or county, which 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 city or 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 city or 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 city or 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)Each city or county may do the following:

(1)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. A city or 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 city or county.

(2)Limit the number of taxicabs or taxicab companies, licensed or otherwise, that may use taxi stand areas, pick up passengers at airports, or pick up street hails.

(d)A city or county shall not prohibit a licensed taxicab company from establishing prearranged trips, originated through a dispatch, an Internet Web site, or an online-enabled application.

(e)A city or county shall allow a licensed taxicab company to use any type of device or technology approved by a state agency to calculate fares, including the use of global positioning system metering as a form of calculating fares. 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 or cellular telephone application.

(f)This section does not prohibit a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction.

(g)A city or county shall issue to a taxicab that complies with all provisions of this section, and with all applicable local ordinances or resolutions of that city or county, an inspection sticker. A city or 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 city or county, a photo permit, and that driver is required to display that photo permit in a place visible to a passenger.

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

(i)For purposes of this section, the term “licensed taxicab driver” and “licensed taxicab company” means a taxicab driver or taxicab company that is licensed to operate in a city or 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 (g).

SEC. 2.

 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.