California 2015-2016 Regular Session Status: Enacted

AB 1289 — Transportation network companies: participating drivers: penalties.

Last action — Chaptered by Secretary of State - Chapter 740, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Passenger Charter-party Carriers' Act defines a transportation network company as an organization, whether a corporation, 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 their personal vehicles. A transportation network company is subject to regulation by the Public Utilities Commission, which requires, among other things, a criminal background check of each participating driver. A transportation network company is also required to have a specified certificate or permit, as appropriate, from the commission, and is subject to various other requirements. A violation of the act is generally a misdemeanor and subject to a fine of not less than $1,000 and not more than $5,000 or by imprisonment in a county jail for not more than 3 months, or by both that fine and imprisonment. This bill would require a transportation network company to conduct, or have a 3rd party conduct, a local and national criminal background check for each participating driver, as specified. The bill would prohibit a transportation network company from contracting with, employing, or retaining a driver if he or she, among other things, is currently registered on the United States Department of Justice National Sex Offender Public Website, has been convicted of any of certain terrorism-related felonies or a violent felony, as defined, or, within the previous 7 years, has been convicted of any misdemeanor assault or battery, any domestic violence offense, driving under the influence of alcohol or drugs, or any of a specified list of felonies. The bill would additionally provide that a transportation network company that violates, or fails to comply with, its provisions is subject to a penalty of not less than $1,000 nor more than $5,000 for each offense. (2) Existing law provides that an investigative consumer reporting agency shall furnish an investigative consumer report only under specified circumstances and, except as specified, existing law also prohibits an investigative consumer reporting agency from making or furnishing any investigative consumer report containing certain items of information, including, among other things, records of an arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedates the report by more than 7 years. This bill would, notwithstanding these provisions, authorize an investigative consumer reporting agency to 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. The bill would provide that the prohibition on including the criminal history information referenced above in an investigative consumer report does not apply to a report furnished to a transportation network company under these provisions. (3) Because a violation of the act is a crime, and this bill would expand the scope of the act, this bill would impose a state-mandated local program. (4) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 740, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 4. Page 6529.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 11. Noes 1.) (August 30).

  6. Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5299.).

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. In committee: Hearing postponed by committee.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (June 13). Re-referred to Com. on PUB. S.

  18. Re-referred to Coms. on E., U., & C. and PUB. S.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  20. Referred to Com. on RLS.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1727.)

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 21). Re-referred to Com. on APPR.

  27. Re-referred to Com. on PUB. S.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  29. Re-referred to Com. on PUB. S.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  31. Referred to Com. on PUB. S.

  32. Read first time.

  33. From printer. May be heard in committee March 31.

  34. Introduced. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1289 COOPER Concurrence in Senate Amendments

Passed 70 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 61405
Democratic 4001
Republican 5000
Total 70406
% of votes cast 88%5%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Not Voting
Brough — Yea
Brown — Yea
Holden — Yea
Jones-Sawyer — Nay
Linder — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
Olsen — Yea
Quirk — Nay
Wagner — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Burke — Yea
Campos — Yea
Gordon — Yea
Salas — Yea
Harper — Yea
Lopez — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Melendez — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Wilk — Yea
Atkins — Yea
Bonilla — Nay
Gray — Not Voting
Chau — Yea
Chu — Yea
Kim — Yea
Nazarian — Not Voting
Obernolte — Not Voting
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Weber — Not Voting
Williams — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 11 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10103
Republican 1000
Total 11103
% of votes cast 73%7%0%20%
How each member voted (15)
Member Party Vote
Obernolte — Not Voting
Ting — Yea
Eggman — Yea
Chávez — Yea
Gatto — Yea
Hadley — Not Voting
Holden — Yea
Burke — Yea
Quirk — Nay
Santiago — Yea
Williams — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Dahle, Megan Republican Yea

Official roll call →

3rd Reading AB1289 Cooper By Monning

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Yea
Vidak — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Beall — Yea
Hill — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 1289 COOPER Assembly Third Reading

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 4000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Salas — Yea
Gomez — Yea
Burke — Yea
Gordon — Yea
Jones-Sawyer — Yea
Campos — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Gray — Yea
McCarty — Yea
Medina — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Melendez — Yea
Alejo — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Lopez — Yea
Holden — Yea
Santiago — Yea
Ting — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Holden — Yea
Rendon — Yea
Wagner — Yea
Eggman — Yea
Gordon — Yea
Chang — Yea
Daly — Yea
Quirk — Yea
Weber — Yea
Wood — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1289 do?
(1) The Passenger Charter-party Carriers' Act defines a transportation network company as an organization, whether a corporation, 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 their personal vehicles. A transportation network company is subject to regulation by the Public Utilities Commission, which requires, among other things, a criminal background check of each participating driver. A transportation network company is also required to have a specified certificate or permit, as appropriate, from the commission, and is subject to various other requirements. A violation of the act is generally a misdemeanor and subject to a fine of not less than $1,000 and not more than $5,000 or by imprisonment in a county jail for not more than 3 months, or by both that fine and imprisonment. This bill would require a transportation network company to conduct, or have a 3rd party conduct, a local and national criminal background check for each participating driver, as specified. The bill would prohibit a transportation network company from contracting with, employing, or retaining a driver if he or she, among other things, is currently registered on the United States Department of Justice National Sex Offender Public Website, has been convicted of any of certain terrorism-related felonies or a violent felony, as defined, or, within the previous 7 years, has been convicted of any misdemeanor assault or battery, any domestic violence offense, driving under the influence of alcohol or drugs, or any of a specified list of felonies. The bill would additionally provide that a transportation network company that violates, or fails to comply with, its provisions is subject to a penalty of not less than $1,000 nor more than $5,000 for each offense. (2) Existing law provides that an investigative consumer reporting agency shall furnish an investigative consumer report only under specified circumstances and, except as specified, existing law also prohibits an investigative consumer reporting agency from making or furnishing any investigative consumer report containing certain items of information, including, among other things, records of an arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedates the report by more than 7 years. This bill would, notwithstanding these provisions, authorize an investigative consumer reporting agency to 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. The bill would provide that the prohibition on including the criminal history information referenced above in an investigative consumer report does not apply to a report furnished to a transportation network company under these provisions. (3) Because a violation of the act is a crime, and this bill would expand the scope of the act, this bill would impose a state-mandated local program. (4) 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.
Who sponsors AB 1289?
AB 1289 is sponsored by Cooper.
What is the current status of AB 1289?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1289?
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