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
August 22, 2017 |
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
Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for 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 for drivers, as specified. Existing law also authorizes a city or county to levy a charge on a taxicab transportation service that is sufficient to pay for the costs of carrying out the ordinance or resolution adopted by the city or county in regards to taxicab transportation services.
This bill would authorize each of 10 specified counties to regulate taxi service within the respective county by means of a countywide transportation agency, as defined for each of those counties. The
bill would, after January 1, 2019, prohibit an authorized county that does not regulate taxi service by means of a countywide transportation agency, and the cities within that county, from regulating taxi service. The bill would require the sheriff in a county that does not regulate taxi service pursuant to these provisions to administer criminal background checks and drug testing for taxicab drivers within that county. By increasing the duties of sheriffs, this bill would impose a state-mandated local program.
The bill would require a countywide transportation agency to provide, in its policy for entry into the business of providing taxicab transportation service, that the taxicab driver comply with a drug testing program, as specified, and pass a criminal background check using a live scan fingerprint provider with monitoring. The bill would also repeal the requirement that a county, when regulating a taxicab company, provide for the establishment of rates for the
provision of a taxicab company, and would, instead, prohibit a countywide transportation agency from limiting or prohibiting a licensed taxicab transportation service from setting fares or charging a flat rate, except that a countywide transportation agency would be permitted to establish a maximum rate. The bill also would authorize a countywide transportation agency to impose a charge on a taxicab transportation service that is limited to the reasonable regulatory costs of enforcing the program. The bill would authorize a county or city that operates an airport to regulate the access to airports by taxicabs and to set access fees at the airport. The bill would authorize a permitted taxicab company to use any device or technology approved by the Division of Measurement Standards to calculate fares, as specified. The bill would require a permitted taxicab company to disclose fares, fees, or rates to a potential customer and to also disclose rates for walkup rides and street hails, as specified. The bill
would authorize a city or county to limit the number of taxicab companies or vehicles that use specified areas within the city’s or county’s jurisdiction. The bill would prohibit a city or county or countywide transportation agency from limiting or prohibiting prearranged trips by a licensed taxicab company.
The bill would require a countywide transportation agency to issue an inspection sticker to a taxicab that complies with specified requirements, and to issue a photo permit to a taxi driver that complies with specified requirements. The bill would authorize a countywide transportation agency to accept a taxi permit issued by another countywide transportation agency as valid, and to issue that taxicab an inspection sticker or photo permit to operate within the county. The bill would define the terms “permitted taxicab company” and “permitted taxicab driver” for these purposes. The bill would make it unlawful to operate a taxicab in a participating county without
a valid permit and would make a violation of the requirement punishable by a fine. By imposing new duties on local governments, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the counties specified in this measure.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature in enacting this act:SEC. 2.
Section 53075.5 of the Government Code is amended to read:53075.5.
(a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code,SEC. 3.
Section 53075.51 is added to the Government Code, immediately following Section 53075.5, to read:53075.51.
(a) (1) A city, county, joint powers authority, transit agency, or countywide transportation agency shall not require a taxicab service provider to obtain a business license, service permit, car inspection certification, driver permit, or to comply with any requirement under Section 53075.5, unless the provider is substantially located within the city or county and does not hold another business license, service permit, car inspection certification or driver permit within that county.SEC. 4.
Section 1808.1 of the Vehicle Code is amended to read:1808.1.
(a) The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the driver’s current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employer’s place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours.SEC. 5.
The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxi cab service providers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities.SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.(a)(1)Taxicab transportation service permits and taxi driver’s permits may be administered by a countywide transportation agency in the following counties:
(A)Los Angeles.
(B)San Diego.
(C)Orange.
(D)Riverside.
(E)San Bernardino.
(F)Santa Clara.
(G)Alameda.
(H)Sacramento.
(I)Contra Costa.
(J)Fresno.
(2)Taxicab transportation service permits and taxi driver’s permits issued by the countywide transportation agency shall be valid countywide.
(3)Notwithstanding Section 53075.5, beginning January 1, 2019, the counties listed in paragraph (1) and the cities within those counties shall not regulate taxi companies except through a countywide transportation agency as allowed by this section.
(4)Each of the counties listed in paragraph (1) that participates under
this section, and the cities within each of those counties, shall enact an ordinance that adopts, and provides for the enforcement of, the regulations developed by the relevant countywide transportation agency as described in this section.
(5)If a countywide transportation agency in a county listed in paragraph (1) does not administer the permitting of taxicabs, the sheriff of that county shall administer criminal background checks and drug testing for taxicab drivers within that county.
(b)Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the drug testing program adopted pursuant to subdivision (b) of Section 53075.5 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 by the countywide transportation agency.
(c)The countywide transportation agency may levy service charges, fees, or assessments limited to the amount sufficient to pay for the costs of carrying out the regulation of taxicab transportation services pursuant to this section.
(d)In a county for which a countywide transportation agency has been established pursuant to this section, a city or the county that operates an airport may adopt an ordinance or charter provision to regulate access to the airport by taxicabs. The airport operator shall have ultimate authority to regulate taxicab access to the airport and set access fees for taxicabs at the airport.
(e)A countywide transportation agency, or a city or the county, shall not limit or prohibit a permitted taxicab company from setting fares or charging a flat rate. However, the countywide transportation agency may set a maximum rate.
(f)A permitted 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, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code.
(g)A permitted taxicab company shall disclose fares, fees, or rates to the customer. A permitted 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 customer.
(h)A permitted taxicab company shall notify the passenger of the rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided in any of the following forms:
(1)On the exterior of the vehicle.
(2)Within an application of a mobile phone, device, or other internet-connected device.
(3)Clearly visible in either print or electronic form inside the taxicab.
(i)A city or county may limit the number of
taxicab companies or vehicles that may use taxistand areas or pick up street hails in that city or county’s jurisdiction.
(j)A countywide transportation agency, or a city or the county, shall not limit or prohibit a prearranged trip by a permitted taxicab company within the county.
(k)The countywide transportation agency administering the taxi permit shall issue to a taxicab that complies with all provisions of this section, and with all applicable requirements of that countywide agency, an inspection sticker. The countywide transportation agency shall issue to a taxi driver that complies with all provisions of this section, and with all applicable requirements of the countywide agency, 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.
(l)A countywide transportation agency may accept a taxi permit issued by another countywide transportation agency as valid, and thereby may issue to that taxicab an inspection sticker or photo permit that authorizes that taxicab to operate within the county.
(m)For purposes of this section, the following terms shall have the following meanings:
(1)The term “permitted taxicab driver” or “permitted taxicab company” means a taxicab driver or a taxicab company that has a permit to operate issued by the countywide transportation agency and has complied with all provisions of this
section.
(2)“Countywide transportation agency” means:
(A)In the County of Los Angeles, the Los Angeles County Metropolitan Transportation Authority.
(B)In the County of San Diego, the San Diego Association of Governments.
(C)In the County of Orange, the Orange County Transportation Authority.
(D)In the County of Riverside, the Riverside County Transportation Commission.
(E)In the County of San Bernardino, the San Bernardino County Transportation Authority.
(F)In the County of Santa Clara, the Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code.
(G)In the County of Alameda, the Alameda County Transportation Commission.
(H)In the County of Sacramento, the Sacramento Area Council of Governments.
(I)In the County of Contra Costa, the Contra Costa Transportation Authority.
(J)In the County of Fresno, the Fresno Council of Governments.
(3)“Employment” includes self-employment as an independent driver.
(4)“Prearranged trip” means a trip originated through a dispatch, an Internet Web site, or an online-enabled application.
(n)(1)In a county that participates under this section, it shall be unlawful to operate a taxicab in a county participating under this section without a valid permit to operate issued by the countywide transportation agency.
(2)The minimum fine for violation of paragraph (1) shall be five thousand dollars ($5,000) and shall be payable to the county or city where the violation occurred.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the circumstances unique to the larger counties in the state with respect to the regulation of taxicab services.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.