Bill Text: CA AB2986 | 2017-2018 | Regular Session | Amended
Bill Title: Transportation network companies: disclosure of participating driver information.
Sponsorship: Bipartisan Bill
Status: (Passed) 2018-09-06 - Chaptered by Secretary of State - Chapter 286, Statutes of 2018. [AB2986 Detail]
Download: California-2017-AB2986-Amended.html
|
Amended
IN
Assembly
April 19, 2018 |
|
Amended
IN
Assembly
April 02, 2018 |
| Assembly Bill | No. 2986 |
| Introduced by Assembly Member Cunningham (Coauthor: Assembly Member Cooley) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would additionally prohibit a transportation network company from contracting with, employing, or continuing to retain a driver if he or she is convicted of, among other things, any one of a number of specified sex offenses, any burglary
of the first degree, or human trafficking. The bill would additionally prohibit a transportation network company from contracting with, employing, or retaining a driver if he or she has been convicted, within the previous 7 years, of, among other things, any burglary of the second degree, any specified crime committed against an elder or a dependent adult, any assault or battery, or shoplifting. The bill would also extend the period of time for the disqualifying offense of a conviction for driving under the influence of alcohol or drugs from within the previous 7 to 10 years.
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)A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each participating driver that shall include both of the following:
(A)The use of a multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation.
(B)A search of the United States Department of Justice National Sex Offender Public Web site.
(2)A transportation network company shall not contract with, employ, or retain a driver if he or she meets either of the following criteria:
(A)Is currently registered on the United States Department of Justice National Sex Offender Public Web site.
(B)Has been convicted of any of the following offenses:
(i)A violent felony, as defined in Section 667.5 of the Penal Code.
(ii)A violation of Section 11413, 11418, 11418.5, or 11419 of the Penal Code.
(iii)Any offense enumerated in subdivision (c) of Section 290 of the Penal Code.
(iv)Section 530.5 of the Penal Code.
(v)Any burglary of the first degree.
(vi)Subdivision (a) of Section 236.1 of the Penal Code.
(vii)Subdivision (a) of Section 266h or subdivision (a) of Section 266i of the Penal Code.
(viii)Subdivision (b) or (c) of Section 368 of the Penal Code.
(ix)Section 29800 or Section 29900 of the Penal Code.
(x)Section 186.10 of the Penal Code.
(3)A transportation network company shall not contract with, employ, or retain a driver if he or she has been convicted of any of the following offenses within the previous seven
years:
(A)Assault or battery.
(B)A domestic violence offense.
(C)A felony violation of Section 18540 of the
Elections Code, or of Section 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, 530, or 18500 of, subdivision (a) of Section 484 of, subdivision (a) of Section 487 of, or subdivision (b) of Section 25540 of, the Penal Code.
(D)Any burglary of the second degree.
(E)Subdivision (d) or (e) of Section 368 of the Penal Code.
(F)Section 23103, as specified in Section 23103.5, of the Vehicle Code.
(G)Section 459.5 of the Penal Code.
(H)Subdivision (a) of Section 484 of the Penal Code.
(4)A transportation network company shall not contract with,
employ, or retain a driver if he or she has been convicted of driving under the influence of alcohol or drugs within the previous 10 years.
(5)Paragraphs (2), (3), and (4) apply with respect to a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in those paragraphs.
(6)This section shall not be interpreted to prevent a transportation network company from imposing additional standards.
(b)A transportation network company that violates, or fails to comply with, this section is subject to a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each offense.
(c)(1)Notwithstanding Section 1786.12 of the Civil Code, an investigative consumer reporting agency may furnish an investigative consumer report to a transportation network company about a person seeking to become a participating driver, regardless of whether the participating driver is to be an employee or an independent contractor of the
transportation network company.
(2)Paragraph (7) of subdivision (a) of Section 1786.18 of the Civil Code does not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1).
