BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 12, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 2790  
          (Nazarian) - As Amended March 18, 2016


          NOTE:  This bill is double-referred, and if passed by this  
          Committee, it will be referred to the Assembly Committee on  
          Transportation.


          SUBJECT:  Taxicab drivers:  Taxicab Commission:  state licensure  
          requirement.


          SUMMARY:  Establishes the Taxicab Commission (Commission) within  
          the Department of Consumer Affairs (DCA) to license and regulate  
          taxicab drivers. 


          EXISTING LAW:


          1)Establishes the DCA within the Business, Consumer Services and  
            Housing Agency, which is comprised of 41 licensing boards,  
            bureaus, committees and commission, any other board, office or  
            officers subject to the DCA's jurisdiction.  (Business and  
            Professions Code (BPC) Sections 100 and 101)
          2)Specifies that the boards, bureaus, and commissions within the  
            DCA, are established for the purpose of ensuring that those  
            private businesses and professions deemed to engage in  
            activities which have potential impact upon the public health,  








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            safety, and welfare are adequately regulated in order to  
            protect the people of California; to that end, establish  
            minimum qualifications and levels of competency and license  
            persons desiring to engage in the occupations they regulate  
            upon determining that such persons possess the requisite  
            skills and qualifications necessary to provide safe and  
            effective services to the public, as specified.  (BPC Section  
            101)


          3)Specifies that if at the end of any fiscal year, an agency  
            within the DCA, as specified, has unencumbered funds in an  
            amount that equals or is more than the agency's operating  
            budget for the next two fiscal years, the agency must reduce  
            license or other fees, as specified.  (BPC Section 128.5)


          4)Authorizes any agency within the DCA to promulgate regulations  
            requiring licensees to include their license numbers in any  
            advertising, soliciting, or other presentments to the public,  
            as specified.  (BPC Section 137)


          5)Requires certain regulatory entities, under the DCA, to  
            require applicants to furnish a full set of fingerprints for  
            purposes of conducting criminal history record checks.  (BPC  
            144)


          6)Requires a board within the DCA to expedite and assist with,  
            the initial licensure process for an applicant who supplies  
            satisfactory evidence that he or she has served as an active  
            duty member of the Armed Forces of the United States and was  
            honorably discharged and permits the boards to adopt  
            regulations to administer the expedited process.  (BPC Section  
            115.5)


          7)States that any and all matters relating to employment,  








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            tenure, or discipline of employees of any board, agency or  
            commission is to be initiated by that board, agency or  
            commission, but before being referenced to the State Personnel  
            Board, should receive approval of the appointing authority.   
            (BPC Section 154)


          8)Establishes, in the state treasury, the Professions and  
            Vocation Fund.  (BPC Section 205)


          9)Requires every city or county to protect the public health,  
            safety, and welfare by adopting an ordinance or resolution in  
            regard to taxicab transportation service rendered in vehicles  
            designed for carrying not more than eight persons, excluding  
            the driver, which is operated within the jurisdiction of the  
            city or county.  (Government Code (GC) Section 53075.5(a))


          10)Requires each city or county to provide, but is not limited  
            to, providing for the following: (GC Section 53075.5(b))


             a)   A policy for entry into the business of providing  
               taxicab transportation services, including, but not limited  
               to:
               i)     Employment, or an offer of employment, as a taxicab  
                 driver in the jurisdiction, including compliance with a  
                 mandatory controlled substance and alcohol testing  
                 certification program;
               ii)    The driver's permit becomes void upon termination of  
                 employment; 


               iii)   The drivers permit states the name of the employer;  
                 and,


               iv)    The employer notifies the city or county upon  








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                 termination of employment.


             b)   The establishment or registration of rates for the  
               provision of taxicab transportation services;
             c)   A mandatory controlled substance and alcohol testing  
               certification program, as specified. 


          11)Authorizes each city or county to levy service charges, fees,  
            or assessments in an amount sufficient to pay for the costs of  
            carrying out an ordinance or resolution adopted in regard to  
            taxicab transportation services.  (GC Section 53075.5(c))
          12)Permits a transportation inspector, authorized by a local  
            government to cite any person for operating as a taxicab  
            without a valid certificate, license or permit, required by  
            any ordinance, to impound and retain possession of any vehicle  
            used in violation of the ordinance.  (GC Section 53075.61)


          13)Requires every taxicab transportation service to include the  
            number of its certificate, license, or permit in every written  
            or oral advertisement of the services it offers.  (GC Section  
            53075.9)


          14)Permits a city or county to adopt additional requirements for  
            a taxicab to operate in its jurisdiction.  (GC Section  
            53075.5(c))


          15)Requires the development of plan for the establishment and  
            operation of a proposed state board or new category of  
            licensed professional to be developed by the author or sponsor  
            of legislation, prior to consideration by the Legislature of  
            legislation creating a new state board or creating a new  
            category of licensed professional, as specified.  (GC Section  
            9148.4)









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          THIS BILL:


          1)Adds the Commission under the jurisdiction of the DCA and adds  
            the Taxicab fund to the Professions and Vocations Fund,  
            beginning July 1, 2016 and requires the Commission to be  
            responsible for the licensure and regulation of the profession  
            of taxicab driving, and that regulation of the business of  
            providing taxicab transportation services remains under the  
            jurisdiction of cities, counties, and cities and counties, as  
            specified in Section 53075.5 of the GC.
          2)Establishes the Taxicab Driver Act.


          3)Defines "Commission" to mean the Taxicab Commission.


          4)Defines "Department" to mean the Department of Consumer  
            Affairs.


          5)Defines "taxicab" as a passenger vehicle designed for carrying  
            not more than eight persons, excluding the driver, and used to  
            carry passengers for hire, but does include a charter-party  
            carrier of passengers, as specified.


          6)Specifies that the Commission is subject to review by the  
            appropriate policy committees of the Legislature, and repeals  
            the provisions of the Commission on January 1, 2022.


          7)States that protection of the public is the highest priority  
            for the Commission in exercising it licensing, regulatory, and  
            disciplinary functions; whenever the protection of the public  








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            is inconsistent with other interests sought to be promoted,  
            the protection of the public is paramount.


          8)Specifies that the Commission is comprised of nine members,  
            including five public members and four taxicab driver  
            licensees; the Governor appoints three public and four  
            licensee members and the Senate Committee on Rules and the  
            Speaker of the Assembly each appoint one public member.


          9)Specifies that an initial licensee member of the Commission  
            may be a person applying for a license, but who currently  
            maintains a permit in good standing as a taxicab driver in at  
            least one city, county, or city and county, who meets  
            specified requirements and must have obtained his or her  
            license by an unspecified date.


          10)Requires members of the Commission to be appointed for a term  
            of four years, except that initial members and two of the  
            licensee members must be appointed for an initial term of two  
            years; no member may serve longer than two consecutive years.


          11)Authorizes the Commission to appoint an executive office (EO)  
            who is exempt from civil service, who is authorized to  
            exercise the powers and perform the duties delegated by the  
            Commission. 


          12)Specifies the EO is subject to approval of the director of  
            the DCA.


          13)Authorizes the Commission to employ examiners, inspectors,  
            and other personnel necessary.










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          14)States that is unlawful to drive a taxicab unless the driver  
            has been issued a license by the Commission.


          15)Requires the Commission to issue a license to a person who  
            meets the following:


             a)   Has a valid California driver's license;
             b)   Participated in a pull-notice system, as specified, and  
               prohibits drivers with convictions for reckless driving,  
               driving under the influence, hit-and-run, or driving with a  
               suspended or revoked license from obtaining a license, but  
               an applicant may have a maximum of two points on his or her  
               driving record; and,


             c)   Participates in a mandatory controlled substance and  
               alcohol testing certification program, as adopted by the  
               Commission.  


          16)Authorizes a person to apply for a license on a form  
            developed by the Commission, and requires the person to pay an  
            unspecified application and initial licensing fee.
          17)States that a license expires in three years and may be  
            renewed prior to the expiration if the licensee completes a  
            form developed by the Commission and demonstrates compliance  
            with a safe driving record, and pays an unspecified renewal  
            fee.


          18)Requires all fees collected to be deposited in the Taxicab  
            fund and subject to appropriation by the Legislature.


          19)States that any person who violates the provisions of the  
            Taxicab Act is guilty of a misdemeanor, punishable by a fine  
            not exceeding $1,000 or imprisonment in a county jail not  








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            exceeding six months or both.


          20)States that the Taxicab Act does not prohibit a city, county,  
            or city and county from imposing more stringent requirements  
            on taxicab transportation services to the extent not  
            consistent with the Taxicab Act.


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel. 


          COMMENTS:


          Purpose.  This bill will establish the Commission for the  
          licensure and regulation of taxicab drivers while leaving the  
          regulation of taxicab businesses to the local regulatory  
          entities who are currently charged with regulation of both the  
          taxicab drivers and the businesses.  This bill is author  
          sponsored.  According to the author, "unlike other drivers and  
          professions, taxi cab drivers face overlapping licensure  
          requirements.  Overall, [this bill] simplifies the licensure of  
          the taxicab profession, protects consumers and ensures a  
          competent and fair marketplace for taxicab professionals by  
          creating the [Commission], under the [DCA]."

          Taxicab Regulation and Local Control.  Under current law,  
          taxicab businesses and taxicab drivers are regulated through  
          various local ordinances.  Each local jurisdiction can and does  
          create its own requirements for taxis to operate, unlike other  
          models of passenger carriers, who are regulated under one  
          statewide requirement, established by the Public Utilities  
          Commission (PUC).  GC Section 53075.5 requires cities and  
          counties to protect the public health, safety, and welfare by  
          adopting an ordinance or resolution in regard to taxicab  
          transportation services. Each ordinance or resolution must  
          include a policy for entry into the business of providing  








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          taxicab services, the establishment or registration of rates,  
          and a mandatory controlled substance and alcohol testing  
          certification program.  


          Local jurisdictions may include additional requirements for  
          taxicab businesses and drivers, many of which do.  The San  
          Francisco Municipal Transportation Agency requires taxicab  
          drivers to be a legal resident, maintain personal hygiene, be  
          free of disease, possess a current California driver's license,  
          be 21 years of age, speak, read and write the English language,  
          get fingerprinted, attend and complete a taxi school training  
          program, have an offer from a taxi company to drive and pay an  
          application fee, among others.  In the City of Los Angeles, an  
          applicant for a taxicab driver license, must be sponsored by one  
          of LA City's franchised taxicab companies, provide a driving  
          history record, pass an examination, and pay a fee.  


          According to information obtained from the Senate Committee on  
          Energy, Utilities, and Communications and the Committee on  
          Transportation and Housing background paper for their February  
          17, 2016 joint informational oversight hearing, Ride-hailing  
          Disruption: Establishing a Level Playing Field in the  
          Transportation-for-hire Market, "Taxicab Service Unlike services  
          regulated and licensed by the [PUC], taxicab service in  
          California is regulated by cities and counties. Taxis are the  
          only transportation for-hire service explicitly allowed to pick  
          up passengers via a street hail. Taxicab owners, fleets, and  
          drivers are often subjected to extensive regulations,  
          particularly in large cities, and generally less extensive  
          regulations in mid-sized and smaller cities. Therefore, the  
          range of regulations varies across jurisdictions, including  
          among neighboring cities. In general, taxi fares are regulated.  
          Additionally, cities often cap the number of taxis to protect  
          against an oversupply that could result in excessive competition  
          that undermines public safety with unsafe vehicles, drivers, and  
          driving practices?The cities and counties restrict the number of  
          taxis by limiting the supply of permits, or medallions (named  








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          for the metal ornament affixed to the vehicle)."    


          Because cities regulate the number of taxis permitted in each  
          jurisdiction, the number of taxicab drivers may vary by  
          location.  At this time, it is unknown how many taxicab drivers  
          will seek state-wide licensure.  The Bureau of Labor Statistics  
          reports that there are just over 13,000 taxicab and chauffer  
          drivers in California. 


          This bill aims to create a statewide regulatory system for  
          taxicab drivers that would alleviate the need for local  
          governments to regulate the drivers, while still maintaining  
          control of the profession. 

          Department of Consumer Affairs.  This bill would require the  
          Commission to be located within the DCA, which regulates 40  
          entities, including 25 boards, nine bureaus, three committees,  
          two programs, and one commission, which combined regulate more  
          than 250 business and professional categories.  These entities  
          establish the minimum qualifications for licensure, issue  
          licenses, and investigate and discipline licensees.  These  
          entities are primarily funded by licensing fees.  


          Each year, the Senate Committee on Business, Professions and  
          Economic Development and the Assembly Committee on Business and  
          Professions (Committees) conduct joint sunset oversight hearings  
          to review those regulatory entities under the DCA on a rotating  
          basis.  The sunset review process itself provides a formal  
          opportunity and mechanism for the DCA, the Legislature, the  
          entities, and interested parties and stakeholders to discuss the  
          performance of the entities and make recommendations for  
          improvements. 


          This has been the traditional forum for the legislature to  
          respond to concerns about unfairness, redundancy, or  








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          inefficiency in the licensing process for various regulatory  
          entities.  As is standard with other entities regulated by the  
          DCA, the commission would be subject to the sunset review  
          process, providing the Legislature with the opportunity to  
          review the performance of the commission.  The provisions of  
          this bill are scheduled to be repealed on January 1, 2022,  
          unless the Legislature seeks to continue the operations of the  
          commission.  


          Other Vehicle Transportation Service Providers.  California law  
          regulates different modes of passenger transportation for  
          compensation, in addition to taxi services, which are regulated  
          at the local level; there are charter-party carriers and  
          passenger stage corporations, and transportation network  
          companies (TNCs).  TNC's are defined as an organization,  
          including, but not limited to, a corporation, limited liability  
          company, partnership, sole proprietor, or any other entity,  
          operating in California that provides prearranged transportation  
          services for compensation using an online-enabled application or  
          platform to connect passengers with drivers using a personal  
          vehicle, as specified in the Public Utilities Code (PUC) Section  
          5431(a).  The license to operate ride-hailing services has been  
          provided at the state level by the PUC whereas taxis are  
          permitted exclusively by individual local cities and counties.   
          This bill will not require those entities which are currently  
          regulated under the jurisdiction of the PUC to obtain licensure  
          under the Commission; this bill will only apply to individuals  
          who wish to drive taxicabs. 

          Occupational Licensing.  The issue of occupational licensing and  
          its impacts on the ability to enter the labor market and  
          mobility within have been raised at both the state and federal  
          level.  Currently, The Little Hoover Commission, which is a  
          statutorily created independent agency that conducts research  
          studies about state government operations, is currently in the  
          process of conducting a study on occupational licensing.  The  
          study will partly explore the impact of occupational licensing  
          on upward mobility for various groups, as well as the effect of  








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          licensing regulations on consumers and the economy.  The Little  
          Hoover Commission's study will have a broad policy perspective,  
          and will not place emphasis on licensing testing, education, and  
          other requirements for specific professions.  
          
          Federal Occupational Licensing Report.  In addition, the White  
          House released a report in July of 2015, titled, Occupational  
          Licensing: A Framework for Policymakers.  According to that  
          report's executive summary, the report addresses "the growth of  
          licensing over the past several decades, its costs and benefits,  
          and its impacts on workers and work arrangements.  The report  
          recommends several best practices to ensure that licensing  
          protects consumers without placing unnecessary restrictions on  
          employment, innovation, or access to important goods and  
          services."  This bill would create a state-based licensure  
          program for taxicab drivers, through a newly established  
          commission.  Although, this bill is creating a new state-wide  
          framework of licensure for taxicab drivers, the current  
          requirements in this bill do not appear to be more burdensome  
          than the permit requirements placed upon taxicab drivers through  
          various local ordinances.  However, the author's aim is to seek  
          a consistent licensing or permit scheme for taxicab drivers  
          across the state (with no variances in each district); as  
          currently drafted this bill specifies that the regulation of the  
          business of providing taxicab transportation services will still  
          be at the discretion of the local authorities as specified in  
          the GC.  Further, it does not exempt drivers licensed by a city  
          or county. This could result in duplicative licensing  
          requirements at the state and local level, contrary to the  
          author's intent. 


          Sunrise Review Process.  The Legislature uses a Sunrise process  
          for the purpose of assessing requests for new or increased  
          occupational regulation, pursuant to GC Section 9148.4 and  
          policy committee rules. The process includes a questionnaire and  
          a set of evaluative scales to be completed by the group  
          supporting regulation. The questionnaire is an objective tool  
          for collecting and analyzing information needed to arrive at  








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          accurate, informed, and publicly supportable decisions regarding  
          the merits of regulatory proposals.


          This process accomplishes the following: (1) places the burden  
          of showing the necessity for new regulations on the requesting  
          groups; (2) allows the systematic collection of opinions both  
          pro and con; and, (3) documents the criteria used to decide upon  
          new regulatory proposals. This helps to ensure that regulatory  
          mechanisms are imposed only when proven to be the most effective  
          way of protecting the public health, safety and welfare.


          Central to the Sunrise process was the creation of nine Sunrise  
          criteria developed to provide a framework for evaluating the  
          need for regulation. These criteria are:


          1)Unregulated practice of the occupation in question will harm  
            or endanger the public health, safety or welfare.



          2)Existing protections available to the consumer are  
                                                              insufficient.



          3)No alternatives to regulation will adequately protect the  
            public.



          4)Regulation will alleviate existing problems.



          5)Practitioners operate independently, making decisions of  
            consequence.








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          6)The functions and tasks of the occupation are clearly defined.



          7)The occupation is clearly distinguishable from other  
            occupations that are already regulated.



          8)The occupation requires knowledge, skills and abilities that  
            are both teachable and testable.



          9)The economic impact of regulation is justified.
          Sunrise Questionnaire for Taxicab Driver Regulations.  According  
          to information provided in the sunrise questionnaire, the author  
          reported, "for decades there has been significant public demand  
          for regulation. An unregulated taxi industry is harmful to  
          everyone including consumers, drivers and operation companies.   
          The need for regulation dates back to the 1930s. During the  
          Great Depression, people flooded the taxicab market at the  
          absence of stable jobs. These drivers were largely unlicensed.  
          As a result, American cities quickly enacted laws to address  
          safety, liability and driver rights issues. Fast forward 40  
          years, in the 1970s, cities decided to reduce regulation for the  
          taxicab industry. Local governments in cities across the country  
          enabled open-entry and removed regulations on fares, licensing  
          and accessibility requirements. However, deregulation is these  
          cities proved to be a failure for many reasons. In just of  
          matter of years, almost every city re-regulated its taxi market  
          because: 


           Prices for taxi riders increased.
           Vehicle quality decreased.








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           Fares became confusing and unpredictable to passengers.
           Taxi riders in low-density areas were neglected and access to  
            24/7 transportation became difficult.
           Taxi riders became prone to price inflation and exploitation.
           Drivers struggled to make a living wage due to an increase of  
          new drivers and an abundance of supply vs. rider demand.
           Driver quality decreased.
           Accidents increased due to an increase of inexperienced,  
            unlicensed (and sometimes untrained) drivers on the road.
           Operators struggled to fund business operations and maintain  
            top quality standards because of increased competition and  
            decreased revenue.
           Traffic in high-density areas increased due to an influx of  
          cars on the road and more "                                    
          cruising" activity.
           Air quality decreased.

          To ensure that the public is safe, cities have long-implemented  
          basic standards for drivers and the industry."  

          POLICY ISSUES FOR CONSIDERATION:


          This bill seeks to create a new regulatory entity under the DCA  
          for taxicab drivers.  Although the author explains the need for  
          a new licensure program is to ensure a consistent, statewide  
          regulatory framework for the taxicab drivers in California, as  
          currently drafted, there are several policy and implementation  
          issues associated with the provisions of this bill.


          1)Is DCA the appropriate entity to regulate this industry?  As  
            noted above, the DCA houses numerous licensing entities.   
            Although the DCA is well suited to administer a regulatory  
            program, given that statewide regulation of most other  
            passenger transportation systems is currently vested within  
            the PUC, should the statewide regulatory framework for  
            licensing taxicab drivers be placed under a separate entity?    









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          2)Does the profession of being a taxicab driver meet the  
            threshold for statewide licensure and regulation (the  
            potential for serious injury or death, or severe financial  
            harm)?  When considering the establishment of a new licensure  
            category, the standard for those seeking licensure is whether  
            the unregulated profession poses a serious threat to the  
            public health and safety, or can cause severe financial harm.   
            Otherwise, licensure merely for the sake of licensure can  
            create an unnecessary barrier to entry into the profession.   
            In the past, some professional licensing boards have had a  
            tendency to be driven by the interests of the profession,  
            rather than the public interest, and the sunset review process  
            was developed as a check against this tendency, and to  
            periodically re-evaluate the need for licensure in the first  
            place for every profession.  At this time, it is unclear  
            whether an additional licensing scheme for taxicab drivers is  
            necessary for consumer protection.  



          3)Local Control.  This bill aims to create a  
            statewide-regulatory framework for the regulation of taxicab  
            drivers, while maintaining local control for the businesses.   
            However, as currently drafted, this bill continues local  
            government's authority to regulate the business of providing  
            taxicab transportation services pursuant to GC Section 53075.5  
            which may include overlapping provisions for local  
            jurisdictions to regulate both the professional (the driver)  
            and the taxicab business.  Further, it may even add additional  
            state-level requirements if localities choose not to accept  
            the state license.



          4)Licensure Requirements.  As currently drafted, this bill  
            authorizes the commission to hire examiners, inspectors, or  
            other personnel necessary to carry out the duties of the  
            commission; however, this bill does not contain an examination  








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            component or any specified requirements for licensure,  
            including education or other pre-requisites other than a  
            driving record with no more than two points, and a clean  
            criminal history report. 



          5)Commission vs. Board vs. Bureau?  Although there may not be a  
            significant difference between a commission and a board under  
            the DCA in terms of operations, they are both structured as  
            semi-autonomous bodies, have rulemaking authority, are  
            comprised of an appointed membership, and are regulated under  
            the DCA; however, commissions are less common under the DCA,  
            as the more common regulatory structure is the board or bureau  
            model.  At present, the DCA only has one commission, the  
            Athletic Commission, which is currently comprised of only  
            public member appointees.  Bureaus under the DCA are comprised  
            of an advisory body appointed by the bureau chief rather than  
            a statutorily mandated appointing authority such as the  
            Governor, the Speaker of the Assembly or the Senate Speaker  
            Pro Tempore.  Given that the Commission would have four  
            professional members, a board may be more appropriate.





          6)Enforcement Provisions.  As currently drafted it is unclear  
            what qualifies as unprofessional conduct for taxicab drivers.   
            This bill does not specify activities which would violate the  
            profession of taxicab driving other than driving a taxicab  
            without a license issued by the commission.  This bill does  
            not specify the certain acts which would lead to a suspension,  
            revocation, or the cause for probationary terms on a license.   
            If there are no acts which would constitute a violation of the  
            taxicab driver act once licensed, it raises the question about  
            the necessity of establishing a statewide regulatory body. 
          IMPLEMENTATION ISSUES:









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          In addition to the policy concerns raised above, there are a  
          number of implementation issues with the establishment of the  
          commission as currently drafted including the implementation  
          date, a need for fingerprints, establishing a funding source,  
          licensure requirements, member composition, and the  
          establishment of the fees for licensure, among others.  In order  
          to address the implementation issues, the author may wish to  
          consider the following:


          1)Among other things, this bill would require the Commission to  
            be operational on January 1, 2017 and would require taxicab  
            drivers to be licensed in order to drive a taxicab on the same  
            date.  As drafted this bill does not provide a sufficient  
            timeframe to establish a licensure program. 

          2)In order to obtain a local permit or license to drive a  
            taxicab, most cities or counties require a taxicab driver to  
            comply with fingerprint and background check requirements.  As  
            drafted, this bill does not have a fingerprint requirement.   
            In order to enhance consumer safety and ensure taxicab drivers  
            do not have criminal records which may be substantially  
            related to the qualifications, functions and duties of a  
            taxicab driver, a background check may be necessary.  

          3)As drafted, this bill does not provide a funding mechanism for  
            the establishment of the Commission.  A funding system may be  
            necessary to implement the functions. 

          4)This bill, according to the author, "simplifies the licensure  
            of taxicab profession"; however, as currently drafted, this  
            bill requires a statewide licensure scheme for taxicab  
            drivers, including a mandatory substance and alcohol testing  
            certification program, while still requiring local  
            jurisdictions to include in their ordinance a policy for entry  
            into the business of providing taxicab services including a  
            mandatory controlled substance and alcohol testing  
            certification program.  Potentially, this bill could lead to  








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            double regulation of taxicab drivers, whereby drivers would be  
            required to meet licensure requirements at both the state and  
            local level.  Although this bill includes a provision that  
            states nothing in the taxicab driver act shall be construed to  
            prohibit a city, county, or city and county from imposing more  
            stringent requirements on taxicab transportation services to  
            the extend not inconsistent with the act, clarification may be  
            necessary. 





          5)This bill establishes a new regulatory authority under the  
            DCA; however, as currently drafted, this bill does not provide  
            the commission with the authority to establish regulations  
            necessary to carry out its provisions.  



          6)This bill specifies that a person may apply for licensure on a  
            form developed by the commission, and pay an unspecified  
            application fee.  Also, the bill requires a person who has  
            been issued an initial license to pay a license fee to the  
            commission in an unspecified amount.  And, this bill specifies  
            that a license is valid for three years, but can be renewed if  
            the licensee completes a form and complies with the licensure  
            requirements and pays a fee.  However, this bill does not  
            include a process for the commission to develop the  
            appropriate fee.

          In addition to the numerous policy and implementation issues,  
          the need for statewide licensure as specified in this bill,  
          opposed to the current local regulatory model is not clear.   
          However, given GC Section states the need for cities and  
          counties to "protect the public health, safety, and welfare"  
          regarding taxicab transportation services, an in-depth analysis  
          of the current regulatory system pertaining to taxicab drivers  
          is warranted.  Instead of establishing a new regulatory  








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          framework based on existing licensure requirements, the  
          Committee may wish to request the author instead require the  
          California Research Bureau to conduct an independent necessity  
          and feasibility study for the statewide regulation of taxicab  
          drivers. 

          AMENDMENT:


          


          Delete the current contents of the bill and insert:  On or  
          before September 1, 2017, the California Research Bureau shall  
          conduct a study on the necessity and feasibility of licensure  
          for taxicab drivers.  



          REGISTERED SUPPORT:  


          None on file.


          REGISTERED OPPOSITION:  


          None on file. 




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301













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