Bill Text: CA AB650 | 2015-2016 | Regular Session | Enrolled
Bill Title: Taxicab transportation services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB650 Detail]
Download: California-2015-AB650-Enrolled.html
BILL NUMBER: AB 650 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 31, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 23, 2016
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE SEPTEMBER 4, 2015
INTRODUCED BY Assembly Member Low
FEBRUARY 24, 2015
An act to amend Section 53075.5 of, and to add Sections 53075.71
and 53075.72 to, the Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 650, Low. Taxicab transportation services.
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,
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.
This bill would make those provisions inapplicable to a city or
county, other than the City and County of San Francisco, on the date
upon which the Director of Finance notifies the Speaker of the
Assembly and the President pro Tempore of the Senate of the
completion of a state reorganization of transportation duties from
the Public Utilities Commission to other agencies, if taxicab
transportation services are included in the reorganization. The bill
would require taxicab transportation services and taxicab drivers to
be subject to rules or regulations adopted by cities and counties as
they existed on July 1, 2016, except for requirements specified in
the bill that would apply to cities and counties, including charter
cities and counties, other than the City and County of San Francisco.
By imposing new duties on local governments, this bill would impose
a state-mandated local program. The bill would declare that its
provisions are a matter of statewide concern and not a municipal
affair. The bill would declare the intent of the Legislature that,
among other things, regulation of taxicab transportation services
shall be modernized and moved to one state agency.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, every city or
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, which is operated
within the jurisdiction of the city or county.
(b) Each city or 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 (3), 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 city or county upon termination
of employment.
(E) The driver shall return the permit to the city or county upon
termination of employment.
(2) The establishment or registration of rates for the provision
of taxicab transportation service.
(3) (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 city or 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 city or county, which 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 city or 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 city
or 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 city or 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) Each city or county 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) Nothing in this section prohibits a city or county from
adopting additional requirements for a taxicab to operate in its
jurisdiction.
(e) For purposes of this section, "employment" includes
self-employment as an independent driver.
(f) This section shall not apply to a city or county, other than
the City and County of San Francisco, on the date upon which the
Director of Finance notifies the Speaker of the Assembly and the
President pro Tempore of the Senate of the completion of the state
reorganization of transportation duties from the Public Utilities
Commission to other agencies, if taxicab transportation services are
included in the reorganization.
SEC. 2. Section 53075.71 is added to the Government Code, to read:
53075.71. (a) Notwithstanding any other law, taxicab
transportation services and taxicab drivers shall be subject to rules
or regulations adopted by a city or a county as those rules or
regulations existed on July 1, 2016, except as follows:
(1) Service charges, fees, or assessments levied on a taxicab
company shall not exceed the amount in effect on July 1, 2016. No new
or additional service charges, fees, or assessments shall be
created.
(2) Fees for the issuance of taxi driver permits shall not exceed
seventy-five dollars ($75) annually.
(3) A city or county shall not limit or prohibit prearranged
trips, originated through dispatch, Internet Web site, or
online-enabled application, by a licensed taxicab.
(4) A city or county may limit the number of taxicab companies or
vehicles that use taxi stand areas, pick up passengers at airports,
or pick up street hails.
(5) A city or county may set a maximum fare structure for taxicab
transportation services, subject to the following:
(A) The maximum fares shall not be lower than the fares that
existed on July 1, 2016.
(B) A city or county shall not limit the ability of a taxicab
transportation service to offer fares lower than the maximum fare
structure.
(6) A city or county shall not regulate the type of device used by
a taxicab company to calculate fares, including the use of global
positioning system metering as a form of calculating fares. Taxicab
companies shall disclose fares, fees, or rates to the customer before
the customer accepts the ride so that the customer can make a
knowledgeable decision. A taxicab company may disclose fares, fees,
or rates on its Internet Web site or cellular telephone application.
(7) Local rules and regulations adopted prior to July 1, 2016,
that ensure adequate service levels to all areas of a city's or
county's jurisdiction and promote use of taxicab transportation
services by individuals covered under the Americans with Disabilities
Act of 1990 (Public Law 101-336) shall remain in effect.
(b) Subdivision (a) applies to a charter city or a charter county,
other than the City and County of San Francisco.
SEC. 3. Section 53075.72 is added to the Government Code, to read:
53075.72. It is the intent of the Legislature that:
(a) Regulation of taxicab transportation services shall be
modernized in order for taxicabs to better compete with all for-hire
modes of transportation.
(b) Taxicab regulation shall be moved from the patchwork of
various local requirements to one state agency to coincide with the
Governor's reorganization of transportation.
(c) Duties and responsibilities for the regulation of taxicab
transportation services shall be established by state departments
within the agency that handles all other modes of for-hire
transportation.
(d) The Governor shall propose the specific budget and statutory
changes needed to establish duties and responsibilities to the agency
that handles all other modes of for-hire transportation.
(e) Conforming changes shall be made to this code and other codes.
(f) A city or county shall not impose any rule or regulation
governing taxicab transportation services that is inconsistent with
or in addition to the requirements established by state departments
within the agency that handles all other modes of for-hire
transportation.
SEC. 4. 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
taxicab drivers 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 and charter counties.
SEC. 5. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique medallion system of the City and County of San
Francisco.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
