Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-182 Transportation network company: participating drivers: single business license.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/17/2017 02:45 PM
SB182:v97#DOCUMENT

Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 182


Introduced by Senator Bradford

January 24, 2017


An act to add Chapter 7 (commencing with Section 16550) to Part 1 of Division 7 of the Business and Professions Code, and to amend Section 6254 of the Government Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 182, as amended, Bradford. Transportation network company: participating drivers: single business license.

(1)The

The Passenger Charter-party Carriers’ Act authorizes the Public Utilities Commission to regulate charter-party carriers in California, including transportation network companies that provide prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers.
Existing law authorizes the legislative body of an incorporated city and a county board of supervisors to license businesses carried on within their respective jurisdictions and to set licensing fees for those businesses.
This bill would prohibit any local jurisdiction, as defined, that requires a driver, as defined, to obtain a business license to operate as a driver for a transportation network company, from requiring that driver to obtain more than a single business license, as specified, regardless of the number of local jurisdictions in which the driver operates. The bill would authorize that driver to select the local jurisdiction of issuance of the required business license, if applicable. The bill would require each transportation network company to notify its drivers of the obligations set forth in these provisions. The bill would require that personal information submitted to a local jurisdiction for purposes of complying with or enforcing these licensing provisions not be disclosed publicly, including on a publicly accessible Internet Web site.

(2)The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. Existing law exempts from disclosure specified records, including, among others, personnel, medical, or similar files when disclosure would constitute an unwarranted invasion of personal privacy, and statements of personal worth or personal financial data required by a licensing agency.

This bill would exempt records related to the personal information of transportation network company drivers submitted by a transportation network company or a transportation network company driver to a city, county, or city and county for the purpose of complying with or enforcing the licensing provisions described in paragraph (1).

(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Chapter 7 (commencing with Section 16550) is added to Part 1 of Division 7 of the Business and Professions Code, to read:
CHAPTER  7. Transportation Network Company Drivers: Business Licenses

16550.
 It is the intent of the Legislature to limit any requirement for a business license imposed by a local jurisdiction on a participating driver for a transportation network company to a single business license, regardless of the number of local jurisdictions in which the participating driver operates.

16550.1.
 For purposes of this chapter, the following definitions apply:
(a) “Driver” means any person who is an independent contractor and who uses a vehicle in connection with a transportation network company’s online-enabled application or platform to connect with passengers.
(b) “Local jurisdiction” means a city, county, or city and county.
(c) “Transportation network company” means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.

16550.2.
 (a) Any local jurisdiction that requires a driver to obtain a business license to operate as a driver for a transportation network company may only require that driver to obtain a single business license, regardless of the number of local jurisdictions in which the driver operates.
(b) The driver may select the local jurisdiction of issuance of the required single business license, if applicable.
(c) A local jurisdiction shall not require a driver to obtain a business license if either of the following applies:
(1) The driver has obtained a business license in any other local jurisdiction.
(2) The driver has not operated as a driver in the local jurisdiction for more than 30 days in the preceding fiscal year.
(d) Each transportation network company shall notify its drivers of the obligations set forth in this chapter.
(e) Notwithstanding any other law, a business license issued to a driver by a local jurisdiction pursuant to this chapter shall be valid for the period of time determined by the local jurisdiction by law or regulation, except that the local jurisdiction shall not require a driver to obtain a business license that applies for a period before January 1, 2018, or that imposes any penalty or fee on a driver related to the driver’s failure to obtain a business license for providing transportation network services for a period before January 1, 2018.
(f) Personal information submitted to a local jurisdiction pursuant to this chapter shall not be disclosed publicly and is exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), pursuant to subdivision (ae) of Section 6254 of the Government Code. publicly, including on a publicly accessible Internet Web site.