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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 703Introduced by Senator RichardsonFebruary 21, 2025 An act to add Part 3 (commencing with Section 2000) to Division 6 of the Harbors and Navigation Code, and to add Article 1.6 (commencing with Section 2790) to Chapter 2 of Division 3 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTSB 703, as introduced, Richardson. Ports: truck drivers.Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck drivers legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed.This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition.This bill would require a port, on or before the 15th of each month, to provide to the Labor Commissioner specified information regarding each truck that entered the port during the prior month. The bill would require a port, upon request of the Labor Commissioner, to provide additional information regarding a truck that entered the port.By imposing new duties on ports, this bill would impose a state-mandated local program.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read:PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port.SEC. 2. Article 1.6 (commencing with Section 2790) is added to Chapter 2 of Division 3 of the Labor Code, to read: Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC.2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port.2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 703Introduced by Senator RichardsonFebruary 21, 2025 An act to add Part 3 (commencing with Section 2000) to Division 6 of the Harbors and Navigation Code, and to add Article 1.6 (commencing with Section 2790) to Chapter 2 of Division 3 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTSB 703, as introduced, Richardson. Ports: truck drivers.Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck drivers legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed.This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition.This bill would require a port, on or before the 15th of each month, to provide to the Labor Commissioner specified information regarding each truck that entered the port during the prior month. The bill would require a port, upon request of the Labor Commissioner, to provide additional information regarding a truck that entered the port.By imposing new duties on ports, this bill would impose a state-mandated local program.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate April 21, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 21, 2025 | |
| 8 | 6 | ||
| 9 | 7 | ||
| 10 | 8 | ||
| 11 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 12 | 10 | ||
| 13 | 11 | Senate Bill | |
| 14 | 12 | ||
| 15 | 13 | No. 703 | |
| 16 | 14 | ||
| 17 | 15 | Introduced by Senator RichardsonFebruary 21, 2025 | |
| 18 | 16 | ||
| 19 | 17 | Introduced by Senator Richardson | |
| 20 | 18 | February 21, 2025 | |
| 21 | 19 | ||
| 22 | - | ||
| 23 | - | ||
| 24 | 20 | An act to add Part 3 (commencing with Section 2000) to Division 6 of the Harbors and Navigation Code, and to add Article 1.6 (commencing with Section 2790) to Chapter 2 of Division 3 of the Labor Code, relating to employment. | |
| 25 | 21 | ||
| 26 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 23 | ||
| 28 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 25 | ||
| 30 | - | SB 703, as | |
| 26 | + | SB 703, as introduced, Richardson. Ports: truck drivers. | |
| 31 | 27 | ||
| 32 | - | Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck drivers legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed.This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition. | |
| 28 | + | Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck drivers legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed.This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition.This bill would require a port, on or before the 15th of each month, to provide to the Labor Commissioner specified information regarding each truck that entered the port during the prior month. The bill would require a port, upon request of the Labor Commissioner, to provide additional information regarding a truck that entered the port.By imposing new duties on ports, this bill would impose a state-mandated local program.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 33 | 29 | ||
| 34 | 30 | Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. | |
| 35 | 31 | ||
| 36 | 32 | This bill would require a trucking company and a truck driver who is not classified as an employee by a trucking company to provide to a port, before a truck driver enters the port, certain information related to the truck drivers legal classification as either an employee or an independent contractor, including a sworn affirmation by a trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would punish a person who provides false or misleading information for the purpose of representing compliance with the bill with a certain civil penalty, as prescribed. | |
| 37 | 33 | ||
| 38 | - | This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition. | |
| 34 | + | This bill would require a port to disclose, in a prominent place on its internet website, information provided by a trucking company that uses the port, including, but not limited to, whether the trucking company uses employees, independent contractors, or both. The bill would prohibit a port from granting entry to a trucking company if the trucking company has not provided to the port the information that is required to be disclosed on the ports internet website. The bill would impose a penalty of $60,000 on a port for each trucking company that is granted entry to the port in violation of that prohibition. | |
| 39 | 35 | ||
| 40 | 36 | This bill would require a port, on or before the 15th of each month, to provide to the Labor Commissioner specified information regarding each truck that entered the port during the prior month. The bill would require a port, upon request of the Labor Commissioner, to provide additional information regarding a truck that entered the port. | |
| 41 | 37 | ||
| 42 | 38 | By imposing new duties on ports, this bill would impose a state-mandated local program. | |
| 43 | 39 | ||
| 44 | 40 | 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. | |
| 45 | 41 | ||
| 46 | 42 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 47 | 43 | ||
| 48 | 44 | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 49 | 45 | ||
| 50 | 46 | ## Digest Key | |
| 51 | 47 | ||
| 52 | 48 | ## Bill Text | |
| 53 | 49 | ||
| 54 | - | The people of the State of California do enact as follows:SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read:PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. As used in this | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read:PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port.SEC. 2. Article 1.6 (commencing with Section 2790) is added to Chapter 2 of Division 3 of the Labor Code, to read: Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC.2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port.2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000).SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. | |
| 55 | 51 | ||
| 56 | 52 | The people of the State of California do enact as follows: | |
| 57 | 53 | ||
| 58 | 54 | ## The people of the State of California do enact as follows: | |
| 59 | 55 | ||
| 60 | - | SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read:PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. | |
| 56 | + | SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read:PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 61 | 57 | ||
| 62 | 58 | SECTION 1. Part 3 (commencing with Section 2000) is added to Division 6 of the Harbors and Navigation Code, to read: | |
| 63 | 59 | ||
| 64 | 60 | ### SECTION 1. | |
| 65 | 61 | ||
| 66 | - | PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. | |
| 62 | + | PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 67 | 63 | ||
| 68 | - | PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. | |
| 64 | + | PART 3. Provisions Applicable to All Ports CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 69 | 65 | ||
| 70 | 66 | PART 3. Provisions Applicable to All Ports | |
| 71 | 67 | ||
| 72 | 68 | PART 3. Provisions Applicable to All Ports | |
| 73 | - | ||
| 74 | - | #### PART 3. Provisions Applicable to All Ports | |
| 75 | 69 | ||
| 76 | 70 | CHAPTER 1. Definitions2000. Unless the context otherwise requires, the definitions in this chapter apply to this part.2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District.2002. Trucking company has the same meaning as Section 2790 of the Labor Code.2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. | |
| 77 | 71 | ||
| 78 | 72 | CHAPTER 1. Definitions | |
| 79 | 73 | ||
| 80 | 74 | CHAPTER 1. Definitions | |
| 81 | 75 | ||
| 82 | - | ##### CHAPTER 1. Definitions | |
| 76 | + | 2000. Unless the context otherwise requires, the definitions in this chapter apply to this part. | |
| 77 | + | ||
| 78 | + | ||
| 83 | 79 | ||
| 84 | 80 | 2000. Unless the context otherwise requires, the definitions in this chapter apply to this part. | |
| 85 | 81 | ||
| 86 | - | 2000. Unless the context otherwise requires, the definitions in this chapter apply to this part. | |
| 87 | - | ||
| 88 | - | ###### 2000. | |
| 89 | - | ||
| 90 | 82 | 2001. Port means a port in the state, including, but not limited to, all of the following:(a) The Port of Benicia.(b) The Port of Hueneme.(c) The Port of Long Beach.(d) The Port of Los Angeles.(e) The Port of Oakland.(f) The Port of Redwood City.(g) The Port of Richmond.(h) The Port of San Diego.(i) The Port of San Francisco.(j) The Port of Stockton.(k) The Port of West Sacramento.(l) The Humboldt Bay Harbor District. | |
| 91 | 83 | ||
| 84 | + | ||
| 85 | + | ||
| 92 | 86 | 2001. Port means a port in the state, including, but not limited to, all of the following: | |
| 93 | - | ||
| 94 | - | ###### 2001. | |
| 95 | 87 | ||
| 96 | 88 | (a) The Port of Benicia. | |
| 97 | 89 | ||
| 98 | 90 | (b) The Port of Hueneme. | |
| 99 | 91 | ||
| 100 | 92 | (c) The Port of Long Beach. | |
| 101 | 93 | ||
| 102 | 94 | (d) The Port of Los Angeles. | |
| 103 | 95 | ||
| 104 | 96 | (e) The Port of Oakland. | |
| 105 | 97 | ||
| 106 | 98 | (f) The Port of Redwood City. | |
| 107 | 99 | ||
| 108 | 100 | (g) The Port of Richmond. | |
| 109 | 101 | ||
| 110 | 102 | (h) The Port of San Diego. | |
| 111 | 103 | ||
| 112 | 104 | (i) The Port of San Francisco. | |
| 113 | 105 | ||
| 114 | 106 | (j) The Port of Stockton. | |
| 115 | 107 | ||
| 116 | 108 | (k) The Port of West Sacramento. | |
| 117 | 109 | ||
| 118 | 110 | (l) The Humboldt Bay Harbor District. | |
| 119 | 111 | ||
| 120 | 112 | 2002. Trucking company has the same meaning as Section 2790 of the Labor Code. | |
| 121 | 113 | ||
| 114 | + | ||
| 115 | + | ||
| 122 | 116 | 2002. Trucking company has the same meaning as Section 2790 of the Labor Code. | |
| 123 | - | ||
| 124 | - | ###### 2002. | |
| 125 | 117 | ||
| 126 | 118 | 2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. | |
| 127 | 119 | ||
| 120 | + | ||
| 121 | + | ||
| 128 | 122 | 2003. SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. | |
| 129 | 123 | ||
| 130 | - | ###### 2003. | |
| 131 | - | ||
| 132 | - | CHAPTER 2. Trucking Companies2050. As used in this chapter, port means any of the following:(a) The Port of Long Beach.(b) The Port of Los Angeles.(c) The Port of Oakland.2050.2051. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051.(a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b)A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c)A penalty under this section shall be assessed and collected by the Labor Commissioner.2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 124 | + | CHAPTER 2. Trucking Companies2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code.2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 133 | 125 | ||
| 134 | 126 | CHAPTER 2. Trucking Companies | |
| 135 | 127 | ||
| 136 | 128 | CHAPTER 2. Trucking Companies | |
| 137 | 129 | ||
| 138 | - | ||
| 130 | + | 2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code. | |
| 139 | 131 | ||
| 140 | - | 2050. As used in this chapter, port means any of the following:(a) The Port of Long Beach.(b) The Port of Los Angeles.(c) The Port of Oakland. | |
| 141 | 132 | ||
| 142 | - | 2050. As used in this chapter, port means any of the following: | |
| 143 | 133 | ||
| 144 | - | ||
| 134 | + | 2050. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code. | |
| 145 | 135 | ||
| 146 | - | (a) The Port of | |
| 136 | + | 2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code.(b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information.(c) A penalty under this section shall be assessed and collected by the Labor Commissioner. | |
| 147 | 137 | ||
| 148 | - | (b) The Port of Los Angeles. | |
| 149 | 138 | ||
| 150 | - | (c) The Port of Oakland. | |
| 151 | 139 | ||
| 152 | - | 2050.2051. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code. | |
| 153 | - | ||
| 154 | - | 2050.2051. A port shall disclose, in a prominent place on its internet website, the information provided to the port by a trucking company pursuant to Section 2790.1 of the Labor Code. | |
| 155 | - | ||
| 156 | - | ###### 2050.2051. | |
| 157 | - | ||
| 158 | - | (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code. | |
| 140 | + | 2051. (a) A port shall not grant entry to a trucking company if the trucking company has not complied with Section 2790.1 of the Labor Code. | |
| 159 | 141 | ||
| 160 | 142 | (b) A port shall be subject to a penalty of sixty thousand dollars ($60,000) for each trucking company that is granted entry to the port in violation of subdivision (a) unless that entry was gained through the trucking company providing false or misleading information. | |
| 161 | 143 | ||
| 162 | 144 | (c) A penalty under this section shall be assessed and collected by the Labor Commissioner. | |
| 163 | 145 | ||
| 164 | 146 | 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month:(1) The name of the port and gate used for entry.(2) The date and time of entry.(3) The name of the truck driver and the truck drivers authority information.(4) The name of the owner of the truck.(5) The name of the owner of the cargo moved by the truck.(6) The standard SCAC, if any, and the owner of the SCAC.(7) Whose authority was used for entry.(8) The named insured on the insurance policy that covered the truck.(9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration.(b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 165 | 147 | ||
| 148 | + | ||
| 149 | + | ||
| 166 | 150 | 2052. (a) A port shall, on or before the 15th of each month, provide to the Labor Commissioner all of the following information regarding each truck that entered the port during the prior month: | |
| 167 | - | ||
| 168 | - | ###### 2052. | |
| 169 | 151 | ||
| 170 | 152 | (1) The name of the port and gate used for entry. | |
| 171 | 153 | ||
| 172 | 154 | (2) The date and time of entry. | |
| 173 | 155 | ||
| 174 | 156 | (3) The name of the truck driver and the truck drivers authority information. | |
| 175 | 157 | ||
| 176 | 158 | (4) The name of the owner of the truck. | |
| 177 | 159 | ||
| 178 | 160 | (5) The name of the owner of the cargo moved by the truck. | |
| 179 | 161 | ||
| 180 | 162 | (6) The standard SCAC, if any, and the owner of the SCAC. | |
| 181 | 163 | ||
| 182 | 164 | (7) Whose authority was used for entry. | |
| 183 | 165 | ||
| 184 | 166 | (8) The named insured on the insurance policy that covered the truck. | |
| 185 | 167 | ||
| 186 | 168 | (9) The United States Department of Transportation registration number on the truck and the name of the individual who is associated with that registration. | |
| 187 | 169 | ||
| 188 | 170 | (b) Upon request by the Labor Commissioner, a port shall provide additional information regarding a truck that entered the port. | |
| 189 | 171 | ||
| 190 | - | SEC. 2. Article 1.6 (commencing with Section 2790) is added to Chapter 2 of Division 3 of the Labor Code, to read: Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) | |
| 172 | + | SEC. 2. Article 1.6 (commencing with Section 2790) is added to Chapter 2 of Division 3 of the Labor Code, to read: Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC.2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port.2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000). | |
| 191 | 173 | ||
| 192 | 174 | SEC. 2. Article 1.6 (commencing with Section 2790) is added to Chapter 2 of Division 3 of the Labor Code, to read: | |
| 193 | 175 | ||
| 194 | 176 | ### SEC. 2. | |
| 195 | 177 | ||
| 196 | - | Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) | |
| 178 | + | Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC.2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port.2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000). | |
| 197 | 179 | ||
| 198 | - | Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) | |
| 180 | + | Article 1.6. Truck Drivers at Ports2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC.2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port.2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000). | |
| 199 | 181 | ||
| 200 | 182 | Article 1.6. Truck Drivers at Ports | |
| 201 | 183 | ||
| 202 | 184 | Article 1.6. Truck Drivers at Ports | |
| 203 | 185 | ||
| 204 | - | ||
| 186 | + | 2790. As used in this article:(a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1.(b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.(c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC. | |
| 205 | 187 | ||
| 206 | - | ||
| 188 | + | ||
| 207 | 189 | ||
| 208 | 190 | 2790. As used in this article: | |
| 209 | 191 | ||
| 210 | - | ###### 2790. | |
| 211 | - | ||
| 212 | 192 | (a) Employee means a truck driver who is an employee of a trucking company or a truck driver who is unable to comply with subdivision (b) of Section 2790.1. | |
| 213 | 193 | ||
| 214 | - | (b) | |
| 194 | + | (b) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. | |
| 215 | 195 | ||
| 216 | - | ( | |
| 196 | + | (c) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC. | |
| 217 | 197 | ||
| 218 | - | (2) The | |
| 198 | + | 2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A) Proof of insurance.(B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D) The truck drivers California number issued by the Department of the California Highway Patrol.(E) The truck drivers California motor carrier permit.(F) The truck drivers SCAC.(G) The trucks registration with the Department of Transportation.(2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port. | |
| 219 | 199 | ||
| 220 | - | (3) The Port of Oakland. | |
| 221 | 200 | ||
| 222 | - | (b) | |
| 223 | 201 | ||
| 224 | - | (c) SCAC means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc. | |
| 225 | - | ||
| 226 | - | (c) | |
| 227 | - | ||
| 228 | - | (d) Trucking company means a company who employs, or contracts with, truck drivers to move cargo for the companys customers under the companys state or federal operating authority or using the companys SCAC. | |
| 229 | - | ||
| 230 | - | 2790.1. (a) A trucking company shall provide to a port, port, and the port shall receive, before any employee enters a port, all of the following with respect to that entitys employee truck drivers:(1) A workers compensation insurance policy that covers all employee truck drivers.(2) The number of trucker driver employees covered by the workers compensation insurance policy.(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law.(b) (1)A truck driver who is not an employee shall provide to a port, before entering the port, all of the following:(A)(1) Proof of insurance.(B)(2) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number.(C)(3) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation.(D)(4) The truck drivers California number issued by the Department of the California Highway Patrol.(E)(5) The truck drivers California motor carrier permit.(F)(6) The truck drivers SCAC. SCAC or the identity of the owner of the SCAC being used.(G)(7) The trucks registration with the Department of Transportation.(2)A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC.(3)A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port. | |
| 231 | - | ||
| 232 | - | 2790.1. (a) A trucking company shall provide to a port, port, and the port shall receive, before any employee enters a port, all of the following with respect to that entitys employee truck drivers: | |
| 233 | - | ||
| 234 | - | ###### 2790.1. | |
| 202 | + | 2790.1. (a) A trucking company shall provide to a port, before any employee enters a port, all of the following with respect to that entitys employee truck drivers: | |
| 235 | 203 | ||
| 236 | 204 | (1) A workers compensation insurance policy that covers all employee truck drivers. | |
| 237 | 205 | ||
| 238 | 206 | (2) The number of trucker driver employees covered by the workers compensation insurance policy. | |
| 239 | 207 | ||
| 240 | 208 | (3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any driver who is considered an employee under state law. | |
| 241 | 209 | ||
| 242 | 210 | (b) (1) A truck driver who is not an employee shall provide to a port, before entering the port, all of the following: | |
| 243 | 211 | ||
| 244 | - | (A) | |
| 212 | + | (A) Proof of insurance. | |
| 245 | 213 | ||
| 246 | - | ( | |
| 214 | + | (B) The truck drivers federal operating authority, commonly referred to as a Motor Carrier (MC) number. | |
| 247 | 215 | ||
| 248 | - | ( | |
| 216 | + | (C) The truck drivers Department of Transportation (DOT) number issued by the Federal Department of Transportation. | |
| 249 | 217 | ||
| 250 | - | ( | |
| 218 | + | (D) The truck drivers California number issued by the Department of the California Highway Patrol. | |
| 251 | 219 | ||
| 252 | - | ( | |
| 220 | + | (E) The truck drivers California motor carrier permit. | |
| 253 | 221 | ||
| 254 | - | ( | |
| 222 | + | (F) The truck drivers SCAC. | |
| 255 | 223 | ||
| 256 | - | (D) | |
| 257 | - | ||
| 258 | - | (4) The truck drivers California number issued by the Department of the California Highway Patrol. | |
| 259 | - | ||
| 260 | - | (E) | |
| 261 | - | ||
| 262 | - | (5) The truck drivers California motor carrier permit. | |
| 263 | - | ||
| 264 | - | (F) | |
| 265 | - | ||
| 266 | - | (6) The truck drivers SCAC. SCAC or the identity of the owner of the SCAC being used. | |
| 267 | - | ||
| 268 | - | (G) | |
| 269 | - | ||
| 270 | - | (7) The trucks registration with the Department of Transportation. | |
| 224 | + | (G) The trucks registration with the Department of Transportation. | |
| 271 | 225 | ||
| 272 | 226 | (2) A truck driver who is not classified as an employee by a trucking company shall pick up a container only using the truck drivers own SCAC. | |
| 273 | 227 | ||
| 274 | 228 | (3) A truck driver who is not an employee shall display the name of the trucking company with which the truck driver contracts or that the truck driver owns on the doors of the truck before entering, and while on the premises of, a port. | |
| 275 | 229 | ||
| 276 | 230 | 2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000).(b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000). | |
| 277 | 231 | ||
| 232 | + | ||
| 233 | + | ||
| 278 | 234 | 2790.2. (a) A person who provides false or misleading information for the purpose of representing compliance with this article shall be liable for a civil penalty in the amount of one hundred thousand dollars ($100,000). | |
| 279 | - | ||
| 280 | - | ###### 2790.2. | |
| 281 | 235 | ||
| 282 | 236 | (b) A person who, by providing false or misleading information for the purpose of representing compliance with this article, gains entry to a port shall be additionally liable for a civil penalty in the amount of sixty thousand dollars ($60,000). | |
| 283 | 237 | ||
| 284 | 238 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. | |
| 285 | 239 | ||
| 286 | 240 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. | |
| 287 | 241 | ||
| 288 | 242 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution. | |
| 289 | 243 | ||
| 290 | 244 | ### SEC. 3. | |
| 291 | 245 | ||
| 292 | 246 | However, if the Commission on State Mandates determines that this act contains other 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. |