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AB-2777 Transportation network company: employment: convictions and arrests.(2015-2016)



Current Version: 05/31/16 - Amended Assembly        


AB2777:v96#DOCUMENT

Amended  IN  Assembly  May 31, 2016
Amended  IN  Assembly  April 28, 2016
Amended  IN  Assembly  April 14, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 2777


Introduced by Assembly Member Nazarian

February 19, 2016


An act to add Chapter 22.6 (commencing with Section 22620) to Division 8 of the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 2777, as amended, Nazarian. Transportation network company: criminal history and arrest notification. employment: convictions and arrests.
(1) Existing law authorizes the Department of Justice to provide state summary criminal information history and subsequent arrest notification services to employers for employees that perform specific types of duties and services. A person authorized to receive this criminal record information who knowingly furnishes that information to a person who is not authorized by law to receive that information is guilty of a misdemeanor.
This bill would require the Department of Justice to provide, at the request of a transportation network company, as defined, state summary criminal information history and subsequent arrest notification services for an individual who is employed, retained, contracted, or otherwise compensated to perform services coordinated by the transportation network company. The bill would further require the department to charge a transportation network company a fee sufficient to cover the cost of processing a request made pursuant to this provision. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would authorize a transportation network company to submit to the Department of Justice fingerprint images and related information required by the department of all persons intended for employment, employed, retained, contracted, or otherwise compensated to perform or coordinate services for the purposes of obtaining information as to the existence and content of a record of state convictions and state arrests, as specified. The bill also would require the department to provide state criminal history information in response to the transportation network company, would require the transportation network company to request from the department subsequent notification service for persons for whom fingerprint images and related information are submitted, and would require the department to charge a fee to cover the cost of processing a request under these provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2) 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.

 Chapter 22.6 (commencing with Section 22620) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  22.6. Transportation Network Company: Criminal History
22620.

(a)The Department of Justice shall provide at the request of a transportation network company, as defined in Section 5431 of the Public Utilities Code, for an individual who is employed, retained, contracted, or otherwise compensated to perform services coordinated by the transportation network company either of the following:

(1)State summary criminal history information pursuant to subdivision (p) of Section 11105 of the Penal Code.

(2)Subsequent arrest notification services pursuant to Section 11105.2 of the Penal Code.

(b)The Department of Justice shall charge a transportation network company a fee sufficient to cover the cost of processing a request made pursuant to this section.

(c)

22620.
 (a) A transportation network company may may, but shall not be required to, submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all persons intended for employment, employed, retained, contracted, or otherwise compensated to perform or coordinate services, as defined by Section 5431 of the Public Utilities Code, for the purposes of obtaining information as to the existence and content of a record of state convictions and state arrests and also information as to the existence and content of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal.
(b) The Department of Justice shall provide a state-level response to the transportation network company pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(c) The transportation network company shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons for whom fingerprint images and related information are submitted as described in subdivision (a).
(d) The Department of Justice shall charge a fee sufficient to cover the cost of processing a request described in this section.

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.