Amended in Senate August 19, 2015

Amended in Senate July 8, 2015

Amended in Senate April 29, 2015

Senate Bill No. 372

Introduced by Senator Galgiani

February 24, 2015

An act to add begin insert Section 53075.51 to the Government Code, and to add end insert Section 5445 to the Public Utilities Code, relating to transportation, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 372, as amended, Galgiani. Transportation network begin delete companies: end delete begin insert companies and taxicabs: end insert sex offenders.

begin insert

(1) Existing law requires every city or county to adopt an ordinance or resolution regarding taxicab transportation service, including, but not limited to, provisions for a policy for the entry into the business of providing taxicab transportation service and for the employment, or an offer of employment, as a taxicab driver in the local jurisdiction, including compliance with specified requirements.

end insert begin insert

This bill would prohibit a taxicab transportation service operator from hiring or retaining a driver who is required by law to register as a sex offender.

end insert begin delete

(1)

end delete

begin insert (2) end insert  The Passenger Charter-party Carriers’ Act defines a transportation network company as an organization, whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using their personal vehicles. A transportation network company is subject to regulation by the Public Utilities Commission, is required to have a specified certificate or permit, as appropriate, from the commission, and is subject to various other requirements. A violation of the act is generally a misdemeanor.

This bill would prohibit a transportation network company from begin delete hiring end delete begin insert hiring, contracting with, employing, end insert or begin delete retaining end delete begin insert continuing to employ end insert a driver who is required by law to register as a sex offender.

Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

begin delete

(2)

end delete

begin insert (3) end insert  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.

begin delete

(3)

end delete

begin insert (4) end insert  This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 53075.51 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 53075.51. end insert   

A taxicab transportation service operator shall not
employ or retain, or continue to employ or retain, a driver if he
or she is required to register as a sex offender. For purposes of
this section, “registered sex offender” includes any individual who
appears on the Dru Sjodin National Sex Offender Public Web site
or the public sex offender registry on the Megan’s Law Home Page
maintained by the Department of Justice pursuant to Section 290
of the Penal Code.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 5445 is added to the Public Utilities Code, to
read:

5445.  

A transportation network company shall not begin delete employ or
retain, end delete begin insert contract with, employ, end insert or continue to employ begin delete or retain, end delete a
participating driver if he or she is required by any law to register
as a sex offender. begin insert For purposes of this section, “registered sex
offender” includes any individual who appears on the Dru Sjodin
National Sex Offender Public Web site or the public sex offender
registry on the Megan’s Law Home Page maintained by the
Department of Justice pursuant to Section 290 of the Penal Code. end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure the protection and safety of the members of
the public who use the services of transportation network
begin delete companies, end delete begin insert companies and taxicabs, end insert it is necessary that this act
take effect immediately.