Amended in Assembly May 31, 2016

Amended in Assembly April 28, 2016

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. Transportation network company:begin delete criminal history and arrest notification.end deletebegin insert employment: convictions and arrests.end insert

(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 billbegin delete 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 billend delete 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.begin insert 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.end insert

(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. Transportation Network Company:
6Criminal History
7

 

begin delete
8

22620.  

(a) The Department of Justice shall provide at the
9request of a transportation network company, as defined in Section
105431 of the Public Utilities Code, for an individual who is
11employed, retained, contracted, or otherwise compensated to
12perform services coordinated by the transportation network
13company either of the following:

P3    1(1) State summary criminal history information pursuant to
2subdivision (p) of Section 11105 of the Penal Code.

3(2) Subsequent arrest notification services pursuant to Section
411105.2 of the Penal Code.

5(b) The Department of Justice shall charge a transportation
6network company a fee sufficient to cover the cost of processing
7a request made pursuant to this section.

21 8(c)

end delete
9begin insert

begin insert22620.end insert  

end insert

begin insert(a)end insert A transportation network companybegin delete mayend deletebegin insert may, but
10shall not be required to,end insert
submit to the Department of Justice
11fingerprint images and related information required by the
12Department of Justice of all persons intended for employment,
13employed, retained, contracted, or otherwise compensated to
14perform or coordinate services, as defined by Section 5431 of the
15 Public Utilities Code, for the purposes of obtaining information
16as to the existence and content of a record of state convictions and
17state arrests andbegin delete also informationend delete as to the existence and content
18of a record of state arrests for which the Department of Justice
19establishes that the person is free on bail or on his or her
20recognizance pending trial or appeal.

begin insert

21
(b) The Department of Justice shall provide a state-level
22response to the transportation network company pursuant to
23paragraph (1) of subdivision (p) of Section 11105 of the Penal
24Code.

end insert
begin insert

25
(c) The transportation network company shall request from the
26Department of Justice subsequent notification service, as provided
27pursuant to Section 11105.2 of the Penal Code, for persons for
28whom fingerprint images and related information are submitted
29as described in subdivision (a).

end insert
begin insert

30
(d) The Department of Justice shall charge a fee sufficient to
31cover the cost of processing a request described in this section.

end insert
32

SEC. 2.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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