AB 2790,
as amended, Nazarian. begin deleteLocal government: taxicabs. end deletebegin insertTaxicab drivers: Taxicab Commission: state licensure requirement.end insert
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service that includes a policy for entry into the business of providing taxicab transportation service, the establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program, as specified.
This bill would state the intent of the Legislature to enact legislation pertaining to the regulation of taxicabs.
end deleteExisting law provides for the licensure and regulation of various professions and vocations by boards and commissions within the Department of Consumer Affairs.
end insertbegin insertThis bill would enact the Taxicab Driver Act and create the Taxicab Commission within the Department of Consumer Affairs to license and regulate the profession of taxicab driving. The bill would require the commission to be composed of 9 members, including 5 public members and 4 licensee members, who are subject to specified terms. The bill would require the Governor to appoint 3 of the public members and the 4 licensee members. The bill would require the Senate Committee on Rules and the Speaker of the Assembly to each appoint one public member. The bill would require the initial licensee member appointments to obtain a license by an unspecified date, as provided. The bill would authorize the commission to appoint an executive officer exempt from civil service.
end insertbegin insertThis bill would make it unlawful to drive a taxicab in this state unless the driver has been issued a professional license by the commission. The bill would require the commission to issue a license if the applicant meets certain requirements, including, but not limited to, paying an unspecified application fee and participating in a specified pull-notice system. The bill would also require the payment of unspecified license and renewal fees, make these licenses subject to expiration in 3 years, and require those fees to be deposited into the Taxicab Fund, which would be created by this bill. The bill would make it a crime to violate the act. The bill would make other conforming changes.
end insertbegin insertBy creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 101 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert
The department is comprised of the following:
4(a) The Dental Board of California.
5(b) The Medical Board of California.
6(c) The State Board of Optometry.
7(d) The California State Board of Pharmacy.
8(e) The Veterinary Medical Board.
9(f) The California Board of Accountancy.
10(g) The California Architects Board.
P3 1(h) The Bureau of Barbering and Cosmetology.
2(i) The Board for Professional Engineers and Land Surveyors.
3(j) The Contractors’ State License Board.
4(k) The Bureau for Private Postsecondary Education.
5(l) The Bureau of Electronic and Appliance Repair, Home
6Furnishings, and Thermal Insulation.
7(m) The Board of Registered Nursing.
8(n) The Board of Behavioral Sciences.
9(o) The State Athletic Commission.
10(p) The Cemetery and Funeral Bureau.
11(q) The State Board of Guide Dogs for the Blind.
12(r) The Bureau of Security and Investigative Services.
13(s) The Court Reporters Board of California.
14(t) The Board of Vocational Nursing and Psychiatric
15Technicians.
16(u) The Landscape Architects Technical Committee.
17(v) The Division of Investigation.
18(w) The Bureau of Automotive Repair.
19(x) The Respiratory Care Board of California.
20(y) The Acupuncture Board.
21(z) The Board of Psychology.
22(aa) The California Board of Podiatric Medicine.
23(ab) The Physical Therapy Board of California.
24(ac) The Arbitration Review Program.
25(ad) The Physician Assistant Committee.
26(ae) The Speech-Language Pathology and Audiology Board.
27(af) The California Board of Occupational Therapy.
28(ag) The Osteopathic Medical Board of California.
29(ah) The Naturopathic Medicine Committee.
30(ai) The Dental Hygiene Committee of California.
31(aj) The Professional Fiduciaries Bureau.
32(ak) The State Board of Chiropractic Examiners.
33(al) The Bureau of Real Estate.
34(am) The Bureau of Real Estate Appraisers.
35(an) The Structural Pest Control Board.
36(ao) The Bureau of Medical Marijuana Regulation.
begin insert37(ap) The Taxicab Commission.
end insert38(ap)
end delete
39begin insert(aq)end insert Any other boards, offices, or officers subject to its
40jurisdiction by law.
begin insertSection 205 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert, as
2added by Chapter 510 of the Statutes of 2015, is amended to read:end insert
(a) There is in the State Treasury the Professions and
4Vocations Fund. The fund shall consist of the following special
5funds:
6(1) Accountancy Fund.
7(2) California Architects Board Fund.
8(3) Athletic Commission Fund.
9(4) Barbering and Cosmetology Contingent Fund.
10(5) Cemetery and Funeral Fund.
11(6) Contractors’ License Fund.
12(7) State Dentistry Fund.
13(8) Guide Dogs for the Blind Fund.
14(9) Home Furnishings and Thermal Insulation Fund.
15(10) California Architects Board-Landscape Architects Fund.
16(11) Contingent Fund of the Medical Board of California.
17(12) Optometry Fund.
18(13) Pharmacy Board Contingent Fund.
19(14) Physical Therapy Fund.
20(15) Private Investigator Fund.
21(16) Professional Engineer’s, Land Surveyor’s, and Geologist’s
22Fund.
23(17) Consumer Affairs Fund.
24(18) Behavioral Sciences Fund.
25(19) Licensed Midwifery Fund.
26(20) Court Reporters’ Fund.
27(21) Veterinary Medical Board Contingent Fund.
28(22) Vocational Nursing and Psychiatric Technicians Fund.
29(23) Electronic and Appliance Repair Fund.
30(24) Dispensing Opticians Fund.
31(25) Acupuncture Fund.
32(26) Physician Assistant Fund.
33(27) Board of Podiatric Medicine Fund.
34(28) Psychology Fund.
35(29) Respiratory Care Fund.
36(30) Speech-Language Pathology and Audiology and Hearing
37Aid Dispensers Fund.
38(31) Board of Registered Nursing Fund.
39(32) Animal Health Technician Examining Committee Fund.
40(33) State Dental Hygiene Fund.
P5 1(34) State Dental Assistant Fund.
2(35) Structural Pest Control Fund.
3(36) Structural Pest Control Eradication and Enforcement Fund.
4(37) Structural Pest Control Research Fund.
begin insert5(38) Taxicab Fund.
end insert
6(b) For accounting and recordkeeping purposes, the Professions
7and Vocations Fund shall be deemed to be a single special fund,
8and each of the several special funds therein shall constitute and
9be deemed to be a separate account in the Professions and
10Vocations Fund. Each account or fund shall be available for
11expenditure only for the purposes as are now or may hereafter be
12provided by law.
13(c) This section shall become operative on July 1, 2016.
begin insertChapter 3.7 (commencing with Section 5700) is added
15to Division 3 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert, to read:end insert
16
This chapter may be cited as the Taxicab Driver Act.
For the purposes of this chapter, the following definitions
21shall apply:
22(a) “Commission” means the Taxicab Commission.
23(b) “Department” means the Department of Consumer Affairs.
24(c) “Taxicab” means a passenger vehicle designed for carrying
25not more than eight persons, excluding the driver, and used to
26carry passengers for hire. “Taxicab” shall not include a
27charter-party carrier of passengers within the meaning of Chapter
288 (commencing with Section 5351) of Division 2 of the Public
29Utilities Code.
(a) The Taxicab Commission is hereby created within
31the department. The commission shall enforce and administer this
32chapter. The commission shall be responsible for the licensure
33and regulation of the profession of taxicab driving. Regulation of
34the business of providing taxicab transportation services shall
35remain under the jurisdiction of cities, counties, and cities and
36counties pursuant to Section 53075.5 of the Government Code.
37(b) This section shall remain in effect only until January 1, 2022,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2022, deletes or extends that date.
40 Notwithstanding any other provision of law, the repeal of this
P6 1section renders the
commission subject to review by the
2appropriate policy committees of the Legislature.
Protection of the public shall be the highest priority for
4the commission in exercising its licensing, regulatory, and
5disciplinary functions. Whenever the protection of the public is
6inconsistent with other interests sought to be promoted, the
7protection of the public shall be paramount.
(a) (1) The commission shall be composed of nine
9members. Five members shall be public members, and four
10members shall be taxicab driver licensees. The Governor shall
11appoint three of the public members and the four licensee members.
12The Senate Committee on Rules and the Speaker of the Assembly
13shall each appoint one public member.
14(2) An initial licensee member appointment may be a person
15who is applying for a license pursuant to this chapter, but who
16currently maintains a permit in good standing as a taxicab driver
17in at least one city, county, or city and county in this state and who
18meets the other requirements of Section 53075.5 of the Government
19Code. An initial licensee member shall have obtained his or her
20
license by ____.
21(b) Members of the commission shall be appointed for a term
22of four years, except that of the initial members appointed by the
23Governor, two of the public members and two of the licensee
24members shall be appointed for an initial term of two years. No
25commission member may serve longer than two consecutive terms.
(a) The commission may appoint an executive officer
27who is exempt from civil service. The executive officer shall
28exercise the powers and perform the duties delegated by the
29commission and vested in him or her by this chapter. The
30appointment of the executive officer is subject to the approval of
31the director.
32(b) This section shall remain in effect only until January 1, 2022,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2022, deletes or extends that date.
The commission may also employ examiners, inspectors,
36and other personnel necessary to carry out the provisions of this
37chapter.
It shall be unlawful to drive a taxicab in this state unless
39the driver has been issued a license by the commission.
The commission shall issue a license to a person who
2meets all of the following requirements:
3(a) Has a valid California driver’s license.
4(b) Participates in a pull-notice system as described in Section
51808.1 of the Vehicle Code. Drivers with convictions for reckless
6driving, driving under the influence, hit-and-run, or driving with
7a suspended or revoked license shall not be eligible for licensure
8as a taxicab driver. An applicant may have a maximum of two
9points on his or her driving record.
10(c) Participates in a mandatory controlled substance and alcohol
11testing certification program as adopted by the commission
12consistent with
subparagraph (A) of paragraph (3) of subdivision
13(b) of Section 53075.5 of the Government Code.
A person may apply for a license on a form developed
15by the commission. The nonrefundable application fee shall be
16____ dollars ($0.00) and the amount described in paragraph (4)
17of subdivision (d) of Section 5716.
(a) A person issued an initial license pursuant to Section
195716 shall pay a license fee to the commission in the amount of
20____dollars ($0.00).
21(b) A license shall expire in three years. A license may be
22renewed prior to expiration if the licensee completes a form
23developed by the board, which demonstrates continued compliance
24with the requirements of Section 5716, and pays a renewal fee in
25the amount of ____ dollars ($0.00).
All fees collected pursuant to this chapter shall be
27deposited in the Taxicab Fund and shall be subject to appropriation
28by the Legislature.
Any person who violates any of the provisions of this
30chapter shall be guilty of a misdemeanor, punishable by a fine not
31exceeding one thousand dollars ($1,000) or imprisonment in a
32county jail not exceeding six months, or by both.
Nothing in this chapter shall be construed to prohibit a
34city, county, or city and county from imposing more stringent
35requirements on taxicab transportation services to the extent not
36consistent with this chapter.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P8 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
It is the intent of the Legislature to enact
7legislation pertaining to the regulation of taxicabs.
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