Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 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. begin deleteSharing economy company: end deletebegin insertTransportation network company: end insertcriminal history.

(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 abegin delete sharing economyend deletebegin insert transportation networkend insert 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 thebegin delete sharing economyend deletebegin insert transportation networkend insert company. The bill would further require the department to charge abegin delete sharing economyend deletebegin insert transportation networkend insert 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.

(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. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Chapter 22.6 (commencing with Section 22620)
2is added to Division 8 of the Business and Professions Code, to
3read:

4 

5Chapter  22.6. begin deleteSharing Economy Company end delete
6begin insertTransportation Network Company: end insertCriminal History
7

 

8

22620.  

(a) The Department of Justice shall provide at the
9request of abegin delete sharing economy companyend deletebegin insert transportation network
10company, as defined in Section 5431 of the Public Utilities Code,end insert

11 for an individual who is employed, retained, contracted, or
12otherwise compensated to perform services coordinated by the
13begin delete sharing economyend deletebegin insert transportation networkend insert company either of the
14following:

15(1) State summary criminal history information pursuant to
16subdivision (p) of Section 11105 of the Penal Code.

17(2) Subsequent arrest notification services pursuant to Section
1811105.2 of the Penal Code.

19(b) The Department of Justice shall charge abegin delete sharing economyend delete
20begin insert transportation networkend insert company a fee sufficient to cover the cost
21of processing a request made pursuant to this section.

begin delete

22(c) For purposes of this section, “sharing economy company”
23shall mean an organization, including, but not limited to, a
24corporation, limited liability company, partnership, sole
25proprietorship, or other entity, operating within California that
26coordinates the provision of services using personal property for
27compensation by an individual to a consumer through an Internet
28application or platform.

end delete
29

SEC. 2.  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
P3    1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.



O

    98