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AB-1203 Local educational agencies: home-to-school transportation: transportation network companies: contracting requirements.(2019-2020)

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Date Published: 07/02/2020 09:00 PM
AB1203:v98#DOCUMENT

Amended  IN  Senate  July 02, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1203

Introduced by Assembly Member O’Donnell Bonta

February 21, 2019

An act to amend Section 12240 of the Business and Professions Code, and to amend Section 57.5 of the San Diego unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to rental passenger vehicles. add Section 39803.5 to the Education Code, relating to local educational agencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1203, as amended, O’Donnell Bonta. Rental passenger vehicle transactions. Local educational agencies: home-to-school transportation: transportation network companies: contracting requirements.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive.
The Passenger Charter-party Carriers’ Act defines a transportation network company as an organization, whether a corporation, limited liability company, 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 a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime.
This bill would prohibit a school district, county office of education, or charter school from contracting with a transportation network company for home-to-school transportation, and would prohibit payment from being made to a transportation network company for those services, unless specified requirements are met, including, among others, that the contractor certifies that each driver who will perform home-to-school transportation pursuant to the contract meets specified requirements. The bill would require a contractor to submit certification of compliance with those requirements with each request for payment pursuant to a contract. The bill would require a school district, county office of education, or charter school to ensure that the contract does not displace existing employees and to meet and confer with each affected exclusive bargaining representative and bargain over the impacts of the proposed contract.

Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers.

This bill would update obsolete cross-references to the law that governs rental passenger vehicle transactions.

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

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


SECTION 1.

 Section 39803.5 is added to the Education Code, to read:

39803.5.
 (a) A school district, county office of education, or charter school shall not contract with a transportation network company for home-to-school transportation, as defined in subdivision (b) of Section 41850, and no payment shall be made to a transportation network company for those services, unless all of the following requirements are met:
(1) A personal services contract is permissible pursuant to subdivision (a) of Section 45103.1.
(2) The contractor certifies that each driver who will perform home-to-school transportation pursuant to the contract meets all of the following requirements, regardless of the size or capacity of the vehicle that may be used to transport pupils pursuant to the contract:
(A) The driver holds a valid California driver’s license for the appropriate class of vehicle, endorsed for passenger transportation.
(B) The driver holds a valid certificate issued by the Department of Motor Vehicles for operation of a schoolbus or a pupil activity bus, has completed all classroom and behind-the-wheel instruction required for that certificate, has passed the first aid examination required by Section 12522 of the Vehicle Code for that certificate, and has met all other requirements for that certificate, and that certificate is not subject to revocation pursuant to Section 13369 or 13370 of the Vehicle Code.
(C) If the driver will be transporting persons with developmental disabilities as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the driver holds the certificate described in Section 12523.6 of the Vehicle Code.
(3) The contractor certifies that it is in compliance with Section 2750.3 of the Labor Code for all services to be provided pursuant to the contract.
(4) The contractor certifies that the transportation network company is compliant with the requirements of Assembly Bill 5 (Chapter 296 of the Statutes of 2019) with respect to its drivers. If it is determined that the transportation network company is not in compliance with those requirements, the school district, county office of education, or charter school shall be jointly liable for all wages and benefits owed to each affected driver and jointly liable for any damages owed to a third party injured in an accident with a driver while performing home-to-school transportation services.
(b) A contractor shall submit certification of compliance with paragraphs (2) to (4) of subdivision (a) with each request for payment pursuant to a contract described in subdivision (a).
(c) The governing board of the school district or county office of education, or the governing body of the charter school, awarding a contract described in subdivision (a) shall cause to be inserted in the contract language necessary to effectuate this section. If that language is omitted from a contract entered into on or after January 1, 2021, the requirements of this section shall nevertheless apply. The contract shall fix responsibility for compliance with this section with the transportation network company to which the contract is awarded, regardless of whether the transportation network company uses subcontractors to perform the contracted services.
(d) A school district, county office of education, or charter school that seeks to contract with a transportation network company for home-to-school transportation, as defined in subdivision (b) of Section 41850, shall ensure that the contract does not displace existing employees and shall meet and confer with each affected exclusive bargaining representative and bargain over the impacts of the proposed contract.
(e) The state board shall not waive any of the requirements of this section.