California 2019-2020 Regular Session Status: In Committee

AB 1008 — Transportation network companies: participating drivers: investigative consumer reports.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Passenger Charter-party Carriers' Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to conduct, or have a third party conduct, a local and national criminal background check for each participating driver, as specified. Under existing federal law, the Fair Credit Reporting Act, a person may procure a consumer report for employment purposes, if, among other things, the person makes a clear and conspicuous disclosure in writing to the consumer that a consumer report may be obtained for employment purposes and the person first obtains the written authorization of the consumer. The Federal Trade Commission has interpreted this to mean that an employer may use a one-time blanket disclosure, and obtain permission from applicants or current employees to procure consumer reports, at any time during the application process or during the employee's tenure. Existing state law also authorizes the procurement of an investigative consumer report under generally the same conditions as federal law, but requires the person seeking the investigative report to provide written disclosure to, and to obtain written consent from, the consumer any time before a report is procured for employment purposes of the same consumer. This bill would exempt a transportation network company from the above-described state law that requires making additional written disclosures and obtaining additional written consent from the consumer any time a report is procured. The bill would provide, however, that the requirements under the federal Fair Credit Reporting Act that a person provide clear and conspicuous disclosure to, and to first obtain written authorization from, a consumer before procuring a consumer report would still apply to transportation network companies. The bill would also correct erroneous cross-references to code sections.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on P. & C.P.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  6. Re-referred to Com. on P. & C.P.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  8. In committee: Set, first hearing. Hearing canceled at the request of author.

  9. Referred to Com. on P. & C.P.

  10. From printer. May be heard in committee March 24.

  11. Read first time. To print.

Sponsors

  • Salas · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Salas

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety transportation
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Frequently asked questions

What does AB 1008 do?
The Passenger Charter-party Carriers' Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to conduct, or have a third party conduct, a local and national criminal background check for each participating driver, as specified. Under existing federal law, the Fair Credit Reporting Act, a person may procure a consumer report for employment purposes, if, among other things, the person makes a clear and conspicuous disclosure in writing to the consumer that a consumer report may be obtained for employment purposes and the person first obtains the written authorization of the consumer. The Federal Trade Commission has interpreted this to mean that an employer may use a one-time blanket disclosure, and obtain permission from applicants or current employees to procure consumer reports, at any time during the application process or during the employee's tenure. Existing state law also authorizes the procurement of an investigative consumer report under generally the same conditions as federal law, but requires the person seeking the investigative report to provide written disclosure to, and to obtain written consent from, the consumer any time before a report is procured for employment purposes of the same consumer. This bill would exempt a transportation network company from the above-described state law that requires making additional written disclosures and obtaining additional written consent from the consumer any time a report is procured. The bill would provide, however, that the requirements under the federal Fair Credit Reporting Act that a person provide clear and conspicuous disclosure to, and to first obtain written authorization from, a consumer before procuring a consumer report would still apply to transportation network companies. The bill would also correct erroneous cross-references to code sections.
Who sponsors AB 1008?
AB 1008 is sponsored by Salas.
What is the current status of AB 1008?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1008?
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Last checked for changes 3 months ago · updated continuously

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