Bill Text: CA AB2777 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation network company: employment: convictions and arrests.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-02 - Read third time. Refused passage. (Ayes 23. Noes 34. Page 5252.). [AB2777 Detail]
Download: California-2015-AB2777-Amended.html
BILL NUMBER: AB 2777 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to add Chapter 22.6 (commencing with Section 22620) to
Division 8 of the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
AB 2777, as amended, Nazarian. Transportation network company:
criminal history and arrest notification.
employment: convictions and arrests.
(1) Existing law authorizes the Department of Justice to provide
state summary criminal information history and subsequent arrest
notification services to employers for employees that perform
specific types of duties and services. A person authorized to receive
this criminal record information who knowingly furnishes that
information to a person who is not authorized by law to receive that
information is guilty of a misdemeanor.
This bill would require the Department of Justice to
provide, at the request of a transportation network company, as
defined, state summary criminal information history and subsequent
arrest notification services for an individual who is employed,
retained, contracted, or otherwise compensated to perform services
coordinated by the transportation network company. The bill would
further require the department to charge a transportation network
company a fee sufficient to cover the cost of processing a request
made pursuant to this provision. By expanding the scope of a crime,
this bill would impose a state-mandated local program. The bill
would authorize a transportation network company to submit
to the Department of Justice fingerprint images and related
information required by the department of all persons intended for
employment, employed, retained, contracted, or otherwise compensated
to perform or coordinate services for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests, as specified. The bill a
lso would require the department to provide state criminal
history information in response to the transportation network
company, would require the transportation network company to request
from the department subsequent notification service for
persons for whom fingerprint images and related information are
submitted, and would require the department to charge a fee to cover
the cost of processing a request under these provisions. By expanding
the scope of a crime, this bill would impose a state-mandated local
program.
(2) 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. Chapter 22.6 (commencing with Section 22620) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 22.6. TRANSPORTATION NETWORK COMPANY: CRIMINAL HISTORY
22620. (a) The Department of Justice shall provide at the request
of a transportation network company, as defined in Section 5431 of
the Public Utilities Code, for an individual who is employed,
retained, contracted, or otherwise compensated to perform services
coordinated by the transportation network company either of the
following:
(1) State summary criminal history information pursuant to
subdivision (p) of Section 11105 of the Penal Code.
(2) Subsequent arrest notification services pursuant to Section
11105.2 of the Penal Code.
(b) The Department of Justice shall charge a transportation
network company a fee sufficient to cover the cost of processing a
request made pursuant to this section.
(c)
22620. (a) A transportation network company
may may, but shall not be required to,
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of all persons
intended for employment, employed, retained, contracted, or otherwise
compensated to perform or coordinate services, as defined by Section
5431 of the Public Utilities Code, for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests and also information
as to the existence and content of a record of state arrests for
which the Department of Justice establishes that the person is free
on bail or on his or her recognizance pending trial or appeal.
(b) The Department of Justice shall provide a state-level response
to the transportation network company pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(c) The transportation network company shall request from the
Department of Justice subsequent notification service, as provided
pursuant to Section 11105.2 of the Penal Code, for persons for whom
fingerprint images and related information are submitted as described
in subdivision (a).
(d) The Department of Justice shall charge a fee sufficient to
cover the cost of processing a request described in this section.
SEC. 2. 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.
