BILL NUMBER: SB 372	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2015
	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN SENATE  APRIL 29, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 24, 2015

   An act to add  Section 53075.51 to the Government Code, and to
add  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 
companies:   companies and taxicabs:  sex
offenders. 
   (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.  
   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.  
   (1) 
    (2)  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
 hiring   hiring, contracting with, employing,
 or  retaining   continuing to employ 
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. 
   (2) 
    (3)  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. 
   (3) 
    (4)  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:

   SECTION 1.    Section 53075.51 is added to the 
 Government Code  , to read:  
   53075.51.  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. 
   SECTION 1.   SEC. 2.   Section 5445 is
added to the Public Utilities Code, to read:
   5445.  A transportation network company shall not  employ
or retain,   contract with, employ,  or continue to
employ  or retain,  a participating driver if he or
she is required by any law 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. 
   SEC. 2.   SEC. 3.   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.
   SEC. 3.   SEC. 4.   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 
companies,   companies and taxicabs,  it is
necessary that this act take effect immediately.