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AB-2986 Transportation network companies: disclosure of participating driver information.(2017-2018)

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Date Published: 04/19/2018 09:00 PM
AB2986:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2986


Introduced by Assembly Member Cunningham
(Coauthor: Assembly Member Cooley)

February 16, 2018


An act to amend Section 5445.2 of add Section 5445.1 to the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2986, as amended, Cunningham. Transportation network companies: prohibited acts. disclosure of participating driver information.
(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. Existing law requires a transportation network company company, among other things, to conduct, or have a 3rd party conduct, a local and national criminal background check for each participating driver, as specified, and prohibits a transportation network company from contracting with, employing, or retaining a driver if he or she, among other things, is currently registered on the United States Department of Justice National Sex Offender Public Web site, has been convicted of any of certain terrorism-related felonies or a violent felony, or, within the previous 7 years, has been convicted of misdemeanor assault or battery, any domestic violence offense, driving under the influence of alcohol or drugs, or any of a specified list of felonies. A violation of the act is generally a misdemeanor and is 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. Existing law also provides that a transportation network company that violates, or fails to comply with, these provisions is subject to a penalty of not less than $1,000 nor more than $5,000 for each offense. A violation of the act is a crime.

The bill would additionally prohibit a transportation network company from contracting with, employing, or continuing to retain a driver if he or she is convicted of, among other things, any one of a number of specified sex offenses, any burglary of the first degree, or human trafficking. The bill would additionally prohibit a transportation network company from contracting with, employing, or retaining a driver if he or she has been convicted, within the previous 7 years, of, among other things, any burglary of the second degree, any specified crime committed against an elder or a dependent adult, any assault or battery, or shoplifting. The bill would also extend the period of time for the disqualifying offense of a conviction for driving under the influence of alcohol or drugs from within the previous 7 to 10 years.

The bill would additionally require a transportation network company to provide information about the transportation network company driver to the passenger on its online-enabled application or platform at the time that the passenger is matched to that driver, including the transportation network company driver’s first name and a picture of the driver, an image of the make and model of the driver’s vehicle, and the license plate number of the vehicle.
(2) Because a violation of the act and these provisions is a crime and this bill would expand the scope of the act, this bill would impose a state-mandated local program.
(3) 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 5445.2 of the Public Utilities Code is amended 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)The use of 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 Web site.

(2)A transportation network company shall not contract with, employ, or retain a driver if he or she meets either of the following criteria:

(A)Is currently registered on the United States Department of Justice National Sex Offender Public Web site.

(B)Has been convicted of any of the following offenses:

(i)A violent felony, as defined in Section 667.5 of the Penal Code.

(ii)A violation of Section 11413, 11418, 11418.5, or 11419 of the Penal Code.

(iii)Any offense enumerated in subdivision (c) of Section 290 of the Penal Code.

(iv)Section 530.5 of the Penal Code.

(v)Any burglary of the first degree.

(vi)Subdivision (a) of Section 236.1 of the Penal Code.

(vii)Subdivision (a) of Section 266h or subdivision (a) of Section 266i of the Penal Code.

(viii)Subdivision (b) or (c) of Section 368 of the Penal Code.

(ix)Section 29800 or Section 29900 of the Penal Code.

(x)Section 186.10 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:

(A)Assault or battery.

(B)A domestic violence offense.

(C)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.

(D)Any burglary of the second degree.

(E)Subdivision (d) or (e) of Section 368 of the Penal Code.

(F)Section 23103, as specified in Section 23103.5, of the Vehicle Code.

(G)Section 459.5 of the Penal Code.

(H)Subdivision (a) of Section 484 of the Penal Code.

(4)A transportation network company shall not contract with, employ, or retain a driver if he or she has been convicted of driving under the influence of alcohol or drugs within the previous 10 years.

(5)Paragraphs (2), (3), and (4) apply with respect to 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.

(6)This section shall not 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 does not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1).

SECTION 1.

 Section 5445.1 is added to the Public Utilities Code, to read:

5445.1.
 A transportation network company shall provide all of the following information to a passenger on its online-enabled application or platform at the time the passenger is matched with a transportation network company driver:
(a) The transportation network company driver’s first name and a picture of the driver.
(b) An image of the make and model of the transportation network company driver’s vehicle.
(c) The license plate number of the transportation network company driver’s vehicle.

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.