Bill Text: CA AB709 | 2009-2010 | Regular Session | Amended

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Bill Title: Charter-party carriers of passengers: driver background

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB709 Detail]

Download: California-2009-AB709-Amended.html

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BILL NUMBER: AB 709	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly  Member   Hill
  Members   Lieu   and Swanson 

                        FEBRUARY 26, 2009

   An act to amend Sections 5371.4 and 5374 of, and add Section
5374.1 to, the Public Utilities Code, relating to charter-party
carriers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 709, as amended,  Hill   Lieu  .
Charter-party carriers of passengers: driver background checks.
   The Transportation Security Administration of the United States
Department of Transportation, administered by the Under Secretary of
Transportation for Security, is responsible for carrying out measures
to ensure aviation security, including hiring, training, and
retention of personnel for the security screening of passengers and
baggage and conducting background checks for individuals with access
to secure areas of airports regularly serving an air carrier holding
a certificate issued by the Secretary of Transportation. Individuals
with specified criminal backgrounds or other factors as determined by
the under secretary, are disqualified from employment with an air
carrier or airport operator, where they will have access to secured
areas. The under secretary is required to adopt measures to improve
secured-area access control, including working with airport operators
to strengthen access control points in secured areas, including air
traffic control operations areas, maintenance areas, crew lounges,
baggage handling areas, concessions, and catering delivery areas.
   The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities, and
authorizes the Legislature, unlimited by the other provisions of the
California Constitution, to confer additional authority and
jurisdiction upon the commission, that is cognate and germane to the
regulation of public utilities. Charter-party carriers of passengers
are subject to the jurisdiction and control of the commission under
the Passenger Charter-Party Carriers' Act. The act requires a
charter-party carrier of passengers to obtain from the commission a
certificate that public convenience and necessity require the
operation or a permit issued by the commission, and to operate within
the state on a prearranged basis, as defined. The act prohibits the
commission from issuing or renewing a permit unless the applicant has
met specified requirements, including the submission of specified
filing fees. Existing law prohibits the governing body of any airport
from imposing any vehicle safety, licensing, or insurance
requirements on charter-party carriers operating limousines that are
more burdensome than those imposed by the commission, but authorizes
the governing board to require a charter-party carrier operating
limousines to obtain an airport permit for operating authority at the
airport, and to adopt and enforce reasonable and nondiscriminatory
local airport rules, regulations, and ordinances pertaining to
access, use of streets and roads, parking, traffic control, passenger
transfers, trip fees, and occupancy, and the use of buildings and
facilities, that are applicable to charter-party carriers operating
limousines on airport property.
   This bill would require the commission to adopt rules for criminal
history background checks of drivers, or applicants to be a driver,
for a charter-party carrier of passengers that provides passenger
transportation to and from any airport regularly serving an air
carrier holding a certificate issued by the United States Secretary
of Transportation (commercial airport) and would disqualify persons
convicted of specified crimes from being drivers.  The bill
would require the commission to develop and make available to
charter-party carriers of passengers a list of qualified vendors
approved to investigate and certify the background of employees and
candidates for employment as drivers.  The bill would
require that the rules adopted by the commission do the following:
(1) require that each driver, and each applicant who is offered
employment as a driver, of a charter-party carrier providing
passenger transportation to and from a commercial airport submit
fingerprints and other pertinent information  to the approved
vendor, (2) require the vendor to transmit the fingerprints to the
Department of Justice, (3) require the Department of Justice to
conduct the check, and forward a request for federal level criminal
offender record information to the Federal Bureau of Investigation,
(4) require the Department of Justice to provide specified
information to the vendor, (5) require the vendor to review all
information received from the Department of Justice and forward that
information to the charter-party carrier of passengers, (6) 
 for the purpose of obtaining criminal history information, (2)
 require that a charter-party carrier of passengers only employ
as drivers those individuals that have successfully completed the
criminal history background investigation,  (7) 
 (3)  require the charter-party carrier of passengers
provide an identification credential to each employee, or applicant
that becomes an employee, that successfully completes the criminal
background investigation process, and  (8)  (4)
 require all drivers that are employed by a charter-party
carrier of passengers to carry identification credentials at all
times on airport property. The bill would require any applicant for
certification or a permit to operate as a charter-party carrier of
passengers to certify that its drivers have successfully completed a
criminal history background check and have been issued an
identification credential in accordance with the above-described
requirements. The bill would prohibit the governing body of any
airport from imposing requirements on charter-party carriers
providing transportation to and from the airport regarding criminal
background checks on drivers, but would authorize the governing body
to request a list of all drivers to whom identification credentials
have been issued.
   Under existing law, a violation of the Passenger Charter-Party
Carriers' Act or an order or direction of the commission pursuant to
the act is a crime.
   Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to reaffirm the
state's commitment to homeland security with respect to charter-party
carriers of passengers and their employees who transport passengers
to and from airports served by commercial air carriers. The purpose
of this act is to ensure that uniform procedures and rules are in
place consistent with the airport security programs operated by
well-run airports in this state, to assure the traveling public that
drivers of charter-party carriers of passengers have been through
security clearances.
  SEC. 2.  Section 5371.4 of the Public Utilities Code is amended to
read:
   5371.4.  (a) The governing body of any city, county, or city and
county may not impose a fee on charter-party carriers operating
limousines. However, the governing body of any city, county, or city
and county may impose a business license fee on, and may adopt and
enforce any reasonable rules and regulations pertaining to operations
within its boundaries for, any charter-party carrier domiciled or
maintaining a business office within that city, county, or city and
county.
   (b) The governing body of any airport may not impose vehicle
safety, vehicle licensing, or insurance requirements on charter-party
carriers operating limousines that are more burdensome than those
imposed by the commission. However, the governing board of any
airport may require a charter-party carrier operating limousines to
obtain an airport permit for operating authority at the airport.
   (c) Notwithstanding subdivisions (a) and (b), the governing body
of any airport may adopt and enforce reasonable and nondiscriminatory
local airport rules, regulations, and ordinances pertaining to
access, use of streets and roads, parking, traffic control, passenger
transfers, trip fees, and occupancy, and the use of buildings and
facilities, that are applicable to charter-party carriers operating
limousines on airport property.
   (d) This section does not apply to any agreement entered into
pursuant to Sections 21690.5 to 21690.9, inclusive, between the
governing body of an airport and charter-party carriers operating
limousines.
   (e) The commission shall conduct an audit and review of the annual
gross revenues earned by charter-party carriers operating limousines
for the purpose of ascertaining whether the imposition of additional
fees based on a charter-party carrier's gross annual revenues would
place an undue administrative or financial burden on the
charter-party carrier industry. The commission shall report its
findings to the Legislature on or before June 30, 1992.
   (f) The governing body of any airport shall not impose a fee based
on gross receipts of charter-party carriers operating limousines.
   (g) Notwithstanding subdivisions (a) to (f), inclusive, nothing in
this section prohibits a city, county, city and county, or the
governing body of any airport, from adopting and enforcing reasonable
permit requirements, fees, rules, and regulations applicable to
charter-party carriers of passengers other than those operating
limousines.
   (h) Notwithstanding subdivisions (a) to (f), inclusive, a city,
county, or city and county may impose reasonable rules for the
inspection of waybills of charter-party carriers of passengers
operating within the jurisdiction of the city, county, or city and
county, for purposes of verifying valid prearranged travel.
   (i) For the purposes of this section, "limousine" includes any
sedan or sport utility vehicle, of either standard or extended
length, with a seating capacity of not more than 10 passengers
including the driver, used in the transportation of passengers for
hire on a prearranged basis within this state.
   (j) The governing body of an airport may not require criminal
history background checks on a driver for a charter-party carrier
providing transportation to and from airports regarding criminal
background checks on drivers, but may request a list of all drivers
to whom identification credentials have been issued pursuant to
Section 5374.1.
  SEC. 3.  Section 5374 of the Public Utilities Code is amended to
read:
   5374.  (a) (1) Before a permit or certificate is issued or
renewed, the commission shall require the applicant to establish
reasonable fitness and financial responsibility to initiate and
conduct or continue to conduct the proposed or existing
transportation services. The commission shall not issue or renew a
permit or certificate pursuant to this chapter unless the applicant
meets all of the following requirements:
   (A) It is financially and organizationally capable of conducting
an operation that complies with the rules and regulations of the
Department of the California Highway Patrol governing highway safety.

   (B) It is committed to observing the hours of service regulations
of state and, where applicable, federal law, for all persons, whether
employees or subcarriers, operating vehicles in transportation for
compensation under the certificate.
   (C) It has a preventive maintenance program in effect for its
vehicles used in transportation for compensation that conforms to
regulations of the Department of the California Highway Patrol in
Title 13 of the California Code of Regulations.
   (D) It participates in a program to regularly check the driving
records of all persons, whether employees or subcarriers, operating
vehicles used in transportation for compensation.
   (E) It has a safety education and training program in effect for
all employees or subcarriers operating vehicles used in
transportation for compensation.
   (F) It will maintain its vehicles used in transportation for
compensation in a safe operating condition and in compliance with the
Vehicle Code and with regulations contained in Title 13 of the
California Code of Regulations relative to motor vehicle safety.
   (G) It has filed with the commission the certificate of workers'
compensation insurance coverage or statement required by Section
5378.1.
   (H) It has provided the commission an address of an office or
terminal where documents supporting the factual matters specified in
the showing required by this subdivision may be inspected by the
commission and the Department of the California Highway Patrol.
   (I) It provides for a mandatory controlled substance and alcohol
testing certification program as adopted by the commission pursuant
to Section 1032.1.
   (J) For any applicant providing transportation to and from any
airport regularly serving an air carrier holding a certificate issued
by the United States Secretary of Transportation, it certifies that
its drivers have successfully completed a criminal history background
check and have been issued an identification credential in
accordance with Section 5374.1.
   (2) With respect to subparagraphs (B) and (F) of paragraph (1),
the commission may base a finding on a certification by the
commission that an applicant has filed, with the commission, a sworn
declaration of ability to comply and intent to comply.
   (3) The commission may require, as a precondition to the issuance
of a permit or certificate, the procurement of a performance bond
sufficient to facilitate the collection of fines, penalties, and
restitution related to enforcement actions that can be taken against
the applicant.
   (b) In addition to the requirements in subdivision (a),
charter-party carriers shall meet all other state and, where
applicable, federal regulations as prescribed.
   (c) The commission may delegate to its executive director or that
executive director's designee the authority to issue, renew, or
authorize the transfer of, charter-party carrier permits or
certificates and to make the findings specified in subdivision (a)
that are necessary to that delegated authority.
  SEC. 4.  Section 5374.1 is added to the Public Utilities Code, to
read:
   5374.1.  (a) (1) The commission shall adopt rules requiring that a
complete criminal history background check be conducted and an
identification credential be issued for each employee, or applicant
for employment, who is, or is applying to be, a driver for a
charter-party carrier of passengers that provides passenger
transportation to and from any airport regularly serving an air
carrier holding a certificate issued by the United States Secretary
of Transportation. The criminal history background check shall use
criminal history information to determine whether employees and
applicants for employment as drivers have a conviction for a crime
that disqualify them from being drivers because they would be a
threat to the safety of the public if employed as drivers of a
charter-party carrier of passengers.
   (2) The rules shall require that a fingerprint-based criminal
history background investigation be used to determine past
convictions for the following specified criminal acts that disqualify
the employee or applicant for employment from serving as a driver of
passengers to the airport:
   (A) Unlawful transportation of a hazardous material (49 U.S.C.
Sec. 46312).
   (B) Carrying a weapon or explosive aboard an aircraft (49 U.S.C.
Sec. 46505).
   (C) Unlawful entry into an aircraft or airport area that serves
air carriers or foreign air carriers contrary to established security
requirements (49 U.S.C. Sec. 46314).
   (D) Destruction of an aircraft or aircraft facility (18 U.S.C.
Sec. 32).
   (E) Violence at international airports (18 U.S.C. Sec. 37).
   (F) Unlawful possession, use, sale, distribution, or manufacture
of an explosive, incendiary device, or assault weapon.
   (G) Felony arson.
   (3) Crimes where the conviction was obtained, or incarceration was
completed, more than 10 years prior to the date of application or
employment shall not be used or considered in making employment
determinations.
   (4) For purposes of this section, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. 
   (b) The commission shall develop and make available to
charter-party carriers of passengers a list of qualified vendors
approved to investigate and certify the criminal history background
of employees and candidates for employment as drivers for
charter-party carriers of passengers that provide passenger
transportation to and from an airport regularly serving an air
carrier holding a certificate issued by the United States Secretary
of Transportation.  
   (c) 
    (b)  The rules shall require that a charter-party
carrier of passengers shall only employ an individual as a driver of
passengers to and from any airport regularly serving an air carrier
holding a certificate issued by the United States Secretary of
Transportation if that individual has successfully completed the
criminal history background investigation. This requirement shall
apply retroactively to drivers employed on or after January 1, 2009,
and to all future applicants. Employment of individuals as drivers
that have not successfully completed the criminal background
investigation constitutes a violation of the rules and shall subject
the charter-party carrier of passengers to civil penalties not to
exceed two thousand dollars ($2,000) per incident. Repeated
violations of this subdivision shall be grounds for revocation of the
charter-party carrier's certification or permit. 
   (d) 
    (c)  The rules shall require that a charter-party
carrier of passengers require each driver, and each applicant who is
offered employment as a driver, of passengers to and from any airport
regularly serving an air carrier holding a certificate issued by the
United States Secretary of Transportation, to submit fingerprints
and other pertinent information, as required by the rules  ,
to the approved vendor selected by the charter-party carrier of
passengers,  for the purpose of obtaining criminal history
background information. 
   (e) The vendor shall transmit the fingerprints to the Department
of Justice. The Department of Justice shall conduct the check, and
forward a request for federal level criminal offender record
information to the Federal Bureau of Investigation. The Department of
Justice shall provide the following information to the vendor:
 
   (1) Every conviction rendered against the applicant. 

   (2) Every arrest for an offense for which the Department of
Justice has determined that the applicant is presently awaiting
trial, or whether the applicant is incarcerated or has been released
on bail or on his or her own recognizance pending trial. 

   (3) Every warrant for the arrest of the applicant. 

   (f) The vendor shall review all information received from the
Department of Justice and forward that information to the
charter-party carrier of passengers. All 
    (d)     All  information received by
the  vendor and charter-party carrier of passengers 
 commission  shall be held as confidential, except that if
employment is terminated or denied based on criminal history
information, the  charter-party carrier of passengers
  commission  shall notify the employee or
applicant of the disqualification, and provide a copy of the 
history   response  and an explanation of the
termination to the employee, or the denial of employment to the
applicant. Employees and agents of a charter-party carrier of
passengers are prohibited from communicating to any other person any
information related to the disqualification of a driver, or applicant
for driver  , except that upon request by law enforcement or
an airport authority, the charter-party carrier of passengers shall
provide access to the criminal history background information
 . A person who is disqualified pursuant to this section may
request a hearing by the commission to challenge the accuracy of the
criminal history background investigation. 
   (g) 
    (e)  The charter-party carrier of passengers shall
provide an identification credential to each employee, or applicant
that becomes employee, that successfully completes the criminal
history background investigation process. The identification
credential shall include the person's legal name, a photograph of the
person identified, the name of the charter-party carrier, and the
appropriate license number issued by the commission. 
   (h) 
    (f)  The rules adopted by the commission shall provide
that all drivers that are employed by a charter-party carrier of
passengers shall carry identification credentials at all times on
airport property, and shall produce the credentials for inspection
upon the request of law enforcement officers at the airport property.
Failure to produce the credential at the request of law enforcement
officers at the airport is a violation of the rules and shall subject
the driver and the charter-party carrier of passengers to civil
penalties not to exceed two hundred and fifty dollars ($250) per
incident. Repeated violations of this subdivision shall be grounds
for revocation of the charter-party carrier's certificate or permit.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only 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.