Today's Law As Amended

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AB-1289 Transportation network companies: participating drivers: penalties.(2015-2016)



SECTION 1.

 Section 5445.2 is added to the Public Utilities Code, 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) 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.
(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) Misdemeanor assault or battery.
(B) A domestic violence offense.
(C) Driving under the influence of alcohol or drugs.
(D) 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.
(4) Paragraphs (2) and (3) shall apply regarding 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.
(5) Nothing in this section shall 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 shall not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1).
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.