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

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Date Published: 06/29/2017 09:00 PM
SB182:v95#DOCUMENT

Amended  IN  Assembly  June 29, 2017
Amended  IN  Senate  May 16, 2017
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, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 182, as amended, Bradford. Transportation network company: participating drivers: single business license.
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 license, as defined, 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 require the driver to obtain a business license in the local jurisdiction in which the driver is domiciled, except as specified. 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 on a publicly accessible Internet Web site. The bill would declare that its provisions do not preclude the sharing of business license data among local jurisdictions and would make a finding that allowing the free operation of drivers for transportation network companies across local jurisdictions is a matter of statewide concern.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) “Business license” includes any license, certificate, fee, or equivalent payment that is required or collected by a local jurisdiction annually, or on some other fixed cycle, as a condition of providing prearranged transportation services in the local jurisdiction.

(a)

(b) “Driver” has the same meaning as the definition of driver provided in subdivision (a) of Section 5431 of the Public Utilities Code.

(b)

(c) “Local jurisdiction” means a city, county, or city and county, including charter cities.

(c)

(d) “Transportation network company” has the same meaning as the definition of transportation network company provided in subdivision (c) of Section 5431 of the Public Utilities Code.

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 shall obtain a business license in the local jurisdiction in which the driver is domiciled. If the local jurisdiction does not require a business license to operate as a driver for a transportation network company, the driver shall not be required to obtain a business license for any other jurisdiction.
(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 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 on a publicly accessible Internet Web site.
(g) This chapter does not preclude the sharing of business license data among local jurisdictions.
(h) The Legislature finds and declares that allowing the free operation of drivers for transportation network companies across local jurisdictions is a matter of statewide concern and is not a municipal affair as that term is used in subdivision (a) of Section 5 of Article XI of the California Constitution.