Bill Text: CA AB1112 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Micromobility devices: relocation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-22 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. [AB1112 Detail]

Download: California-2019-AB1112-Amended.html

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Amended  IN  Assembly  April 08, 2019

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1112

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Introduced by Assembly Member Friedman

February 21, 2019

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An act to add Division 16.8 (commencing with Section 39050) to the Vehicle Code, relating to motorized scooters.

LEGISLATIVE COUNSEL'S DIGEST

AB 1112, as amended, Friedman. Motorized scooters: local regulation.

(1) Existing law generally prescribes the operation of a motorized scooter, defined as a 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a driver’s license or permit to operate a motorized scooter. Existing law generally prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 miles per hour, but permits a local authority to authorize the operation of a motorized scooter on a highway with a speed of up to 35 miles per hour.

This bill would authorize a local authority to regulate motorized scooters by, among other things, assessing limited penalties for moving or parking violations involving the use of motorized scooters. The bill would prohibit a local authority from subjecting the riders of shared scooters to requirements more restrictive than those applicable to riders of privately owned motorized scooters or bicycles.

The bill would authorize a local authority to regulate scooter share operators by, among other things, requiring a scooter share operator to pay fees that do not exceed the reasonable cost to the local authority of regulating the scooter share operator. The bill would prohibit a local authority from imposing any unduly restrictive requirements on a scooter share operator. The bill would authorize a local authority to require a scooter share operator to provide to the local authority trip data for all trips starting or ending within the jurisdiction of the local authority and would prohibit disclosure of the information pursuant to public records requests received by the local authority.

The bill would include findings that uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators proposed by this bill addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties.

(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Division 16.8 (commencing with Section 39050) is added to the Vehicle Code, to read:

DIVISION 16.8. Local Regulation of Motorized Scooters

39050.

 The Legislature finds and declares that a basic level of statewide standards for local regulation of motorized scooters encourages innovation and ensures basic expectations for consumers. Except as expressly stated, it is not the intent of the Legislature that this division limit regulations a local authority may otherwise implement beyond the minimum standards outlined in this division.

39050.39051.

 For the purposes of this division, the following definitions shall apply, unless the context requires otherwise:

(a) “Shared scooter” means any motorized scooter offered for hire that includes a single unique alphanumeric ID assigned by the operator that is visible from a distance of five feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared scooter. hire.

(b) “Scooter share operator” means a person offering shared scooters for hire who maintains the following insurance coverage: hire.

(1)Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000), per occurrence, and five million dollars ($5,000,000) aggregate.

(2)Automobile insurance coverage with a combined single limit of no less than one million dollars ($1,000,000).

(3)If the scooter share operator employs a person, workers compensation coverage of no less than required by law.

(c) “Scooter share program” means the offering of shared scooters for hire.

(d) “Trip data” means any data elements related to trips taken by users of a shared scooter of a scooter-shared operator, including, but not limited to, Global Positioning System, timestamp, or route data.

39052.

 All shared scooters operated in the state shall include a single unique alphanumeric ID assigned by the operator that is visible from a distance of five feet, that is not obfuscated by branding or other markings, and that is used throughout the state, including by local authorities, to identify the shared scooter.

39053.

 All scooter share operators in the state shall maintain the following insurance coverage:

(a) Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000) per occurrence, and five million dollars ($5,000,000) aggregate.

(b) Automobile insurance coverage with a combined single limit of no less than one million dollars ($1,000,000).

(c) If the scooter share operator employs a person, workers’ compensation coverage of no less than required by law.

39052.39054.

 A local authority may regulate the operation of motorized scooters within its jurisdiction by doing any jurisdiction. These regulations may include, but are not limited to, both of the following:

(a) Restricting the maximum speed at which a person may operate a motorized scooter in a pedestrian zone, including plazas and promenades.

(b) Promulgating and assessing penalties for moving or parking violations involving a motorized scooter on the person responsible for the violation, except that any penalty shall not exceed a penalty assessed to riders of bicycles.

39054.39055.

 A local authority may regulate the operation of shared scooters within its jurisdiction by doing jurisdiction. These regulations may include, but are not limited to, any of the following:

(a) Requiring a scooter share operator to pay fees, provided that the total amount of any fees collected do not exceed the reasonable and necessary cost to the local authority of administering the scooter share program.

(b) Requiring a scooter share operator to indemnify the local authority for claims, demands, costs, including reasonable attorney’s fees, losses, or damages brought against the local authority, and arising out of any negligent act, error, omission, or willful misconduct by the scooter share operator or its officers or employees, except to the extent that claims, demands, costs, losses, or damages arise out of the local authority’s own negligence or willful misconduct.

(c) In the interests of safety and right-of-way management, designating locations where scooter share operators are prohibited from staging shared scooters, except that at least one location shall be permitted on each side of each city block in commercial zones and business districts.

(d) Promulgating and assessing penalties for moving or parking violations involving a shared scooter on the person responsible for the violation, except that any penalty shall not exceed a penalty assessed to riders of bicycles.

39056.

 A local authority may require a scooter share operator, as a condition for operating a scooter share program, to provide to the local authority trip data for all trips starting or ending within the jurisdiction of the local authority on any shared scooter of the scooter share operator, provided that, to protect personal privacy, any data provided to the local authority shall comply with all of the following:

(a) The trip data is provided by an application programming interface, subject to the scooter share operator’s license agreement for the interface, that is subject to a publicly published privacy policy of the local authority or its designee, as applicable, disclosing what data is collected and how the data is used and shared with any third parties.

(b) The trip data provided is safely and securely stored by the local authority, which shall implement administrative, physical, and technical safeguards to protect, secure, and, if appropriate, encrypt or limit access to, the data.

(c) The trip data provided shall be treated as personal, trade secret, and proprietary business information, shall be exempt from public disclosure pursuant to any public records request, and shall not be treated as owned by the local authority.

(d) The trip data shall not be shared with law enforcement, except pursuant to valid legal process, and shall not be shared to third parties without the scooter share operator’s consent, provided that, upon a showing of legitimate and necessary need, a local authority may designate a third party to receive trip data pursuant to subdivision (a) if the third party is in privity with the local authority and maintains compliance with the privacy protections of this subdivision.

39058.

 In regulating shared scooters or shared scooter programs, a local authority shall not impose any unduly restrictive requirement on a scooter share operator, including requiring operation below cost, and shall not subject the riders of shared scooters to requirements more restrictive than those applicable to riders of privately owned motorized scooters or bicycles.

39060.

 The Legislature finds and declares that uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators is of vital statewide importance, and thus a matter of statewide concern. Thus, the Legislature finds and declares that the provisions of this division, providing for uniformity in certain aspects of local regulation of motorized scooters and commercial scooter share programs and operators, address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this division applies to all cities and counties, including charter cities and counties.

SEC. 2.

  The Legislature finds and declares that Section 1 of this act, which adds Section 39056 to the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The interest in protecting the personal information of people who use scooter share programs outweighs the public interest in having access to this information.