Bill Text: CA AB1069 | 2017-2018 | Regular Session | Amended
Bill Title: Local government: taxicab transportation services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-13 - Chaptered by Secretary of State - Chapter 753, Statutes of 2017. [AB1069 Detail]
Download: California-2017-AB1069-Amended.html
Amended
IN
Senate
June 28, 2017 |
Amended
IN
Assembly
May 26, 2017 |
Amended
IN
Assembly
April 18, 2017 |
Assembly Bill | No. 1069 |
Introduced by Assembly Member Low |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would repeal the above requirements and authorization for a city and instead apply those provisions only to
a county. The bill would authorize a county to enter into an agreement with the most populated city that regulates taxicabs within the county’s jurisdiction, or a regional entity established to regulate taxicab transportation services, to perform the responsibilities of the county on the county’s behalf, and would provide that a regional entity so designated would have until
June 1, 2018, to comply with the provisions of the bill. The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)(1)Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every county shall 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, that is operated within the jurisdiction of the county.
(2)A county may perform the responsibilities required by this section by entering into an agreement with the most populated city within its jurisdiction that regulates taxicab transportation
service, or a regional entity established to regulate taxicab transportation services, to perform these responsibilities on the county’s behalf. A regional entity designated by a county to regulate transportation services pursuant to this paragraph shall have until June 1, 2018, to comply with the requirements of this section as it was amended by the act adding this paragraph.
(b)Each county shall provide for, but is not limited to providing for, the following:
(1)A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following
provisions:
(A)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (2) and passage of a fingerprint criminal background check using a live scan fingerprint provider with monitoring, shall be a condition of issuance of a driver’s permit.
(B)The driver’s permit shall become void upon termination of employment.
(C)The driver’s permit shall state the name of the employer.
(D)The employer shall notify the county upon termination of employment.
(E)The driver shall return the permit to the county upon termination of employment.
(2)(A)A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:
(i)Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(ii)Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(iii)A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any
subsequent employment, or any testing requirements under the program other than periodic testing.
(iv)In the case of a self-employed independent driver, the test results shall be reported directly to the county, and the county shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the county of positive results.
(v)All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(vi)Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for
compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(vii)Upon the request of a driver applying for a permit, the county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the county knows offer tests in or near the jurisdiction.
(B)No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
(c)(1)A county may levy service charges, fees, or assessments only in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. A county shall ensure that any charge, fee, or assessment imposed under this subdivision does not exceed the reasonable regulatory cost required to administer and enforce the program established by the county.
(2)The city and county of San Francisco shall be exempt from paragraph (1). The city and county of San Francisco may 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 pursuant to this section.
(d)Notwithstanding any other provision of this section,
the entity that operates an airport may adopt an ordinance, resolution, charter provision, or undertake administrative actions to regulate access to the airport by taxicabs. The airport operator shall have ultimate authority to regulate access to the airport and set access fees at the airport.
(e)A county shall not limit or prohibit a licensed taxicab company from setting fares or charging a flat rate. However, a county may set a maximum rate.
(f)A licensed taxicab company may use any type of device or technology
approved by the Division of Measurement Standards to calculate fares, including the use of global positioning system metering.
(g)A licensed taxicab company shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make an informed decision. A licensed taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, cellular telephone
application, or phone orders upon request by the consumer.
(h)A licensed taxicab company shall post rates for walkup rides and street hails in the vehicle.
(i)A city may limit the number of taxicab companies or vehicles that may use taxi stand areas, pick up passengers at airports, or pick up street hails in that city’s jurisdiction.
(j)A city or county shall not limit or prohibit a prearranged trip by a licensed taxicab company. For purposes of this subdivision, “prearranged trips” means trips originated through a dispatch, an Internet Web site, or an
online-enabled application.
(k)(1)A county shall issue to a taxicab that complies with all provisions of this section, and with all applicable local ordinances or resolutions of that county, an inspection sticker. A county shall issue to a taxi driver that complies with all provisions of this section, and with all applicable local ordinances or resolutions of that county, a photo permit, and that driver is required to display that photo permit in a place visible to a passenger. A taxicab, or taxi driver, issued
an inspection sticker or photo permit under this subdivision may operate countywide.
(2)A county may accept a taxi certificate, license, or permit issued by another county as valid, and thereby may issue to that taxicab an inspection sticker or photo permit that authorizes that taxicab to operate within the county.
(l)For purposes of this section, “employment” includes self-employment as an independent driver.
(m)For purposes of this section, the term “licensed taxicab driver” or “licensed taxicab company” means a taxicab driver or taxicab company that is licensed to operate in a county and has complied with all provisions of this section, and with all applicable local ordinances or resolutions, and has been issued an inspection sticker or photo permit pursuant to subdivision (k).
(n)(1)It shall be unlawful to operate a taxicab without a valid certificate, license, or permit.
(2)The minimum fine for violation of paragraph (1) of this subdivision shall be five thousand dollars ($5,000) and shall be payable to the jurisdiction where the violation occurred.