AMENDED IN ASSEMBLY SEPTEMBER 2, 2025
AMENDED IN ASSEMBLY JULY 16, 2025
AMENDED IN ASSEMBLY JUNE 16, 2025
AMENDED IN SENATE MAY 1, 2025
AMENDED IN SENATE APRIL 21, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
93
Introduced by Senator Richardson
February 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.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
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, defined to mean the Port of Long Beach or the Port of Los Angeles, certain information, including, with respect to a trucking company, a sworn affirmation by the 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, as specified. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also require, beginning January 1, 2027, that information to be made publicly available by the port. The bill would require a trucking company to update a port within 30 days of a change to its operation that results in more than 50% of its employees being replaced by independent contractors and would impose a civil penalty of $5,000 for failure to do so. The bill would make a person who provides false or misleading information for the purpose of representing compliance with those requirements liable for a civil penalty of $20,000, as prescribed.
This bill would require, beginning January 1, 2027, a port, on a quarterly basis, to publish on its internet website specified information regarding each truck that entered the port during the prior quarter. The bill would require a port, upon request of the Labor Commissioner, to provide to the Labor Commissioner additional information in the possession of the port regarding a truck that entered the port.
By imposing new duties on a port, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Long Beach and the Port of Los Angeles.
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.
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 Various Ports
Chapter 1. Definitions
Unless the context otherwise requires, the definitions in this chapter apply to this part.
“Port” means either of the following:
(a) The Port of Long Beach.
(b) The Port of Los Angeles.
“SCAC” has the same meaning as defined in Section 2790 of the Labor Code.
“Trucking company” has the same meaning as defined in Section 2790 of the Labor Code.
Chapter 2. Trucking Companies
(a) Beginning January 1, 2027, a port shall, on a quarterly basis, publish on its internet website all of the following information regarding each truck that entered the port during the prior quarter:
(1) The name of the port and gate used for entry.
(2) The date and time of entry.
(3) The name of the owner of the truck.
(4) The standard SCAC, if any, and the owner of the SCAC.
(5) Whose authority was used for entry.
(6) The named insured on the insurance policy that covered the truck.
(7) 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 to the Labor Commissioner additional information in the possession of the port regarding a truck that entered the port.
(c) A port is not required to verify the accuracy of any information provided or published pursuant to this chapter that it received from a third party.
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 Ports
As used in this article:
(a) “Port” means either of the following:
(1) The Port of Long Beach.
(2) The Port of Los Angeles.
(b) “SCAC” means a Standard Carrier Alpha Code issued by the National Motor Freight Traffic Association, Inc.
(c) “Trucking company” means a port drayage motor carrier, as defined in Section 2810.4, who employs, or contracts with, truck drivers to move cargo to or from a port for the company’s customers under the company’s state or federal operating authority or using the company’s SCAC.
(d) “Truck driver” has the same meaning as commercial driver, as defined in Section 2810.4.
(a) A trucking company shall provide to a port, and the port shall receive, all of the following with respect to that trucking company’s employee truck drivers on an annual basis:
(1) A worker’s compensation insurance policy that covers all employee truck drivers.
(2) The number of employee truck drivers covered by the worker’s compensation insurance policy.
(3) A sworn affirmation that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law.
(b) A truck driver who is not an employee shall provide to a port on an annual basis all of the following:
(1) Proof of insurance.
(2) The truck driver’s federal operating authority, commonly referred to as a Motor Carrier (MC) number.
(3) The truck driver’s Department of Transportation (DOT) number issued by the Federal Department of Transportation.
(4) The truck driver’s California number issued by the Department of the California Highway Patrol.
(5) The truck driver’s California motor carrier permit.
(6) The truck driver’s SCAC or the identity of the owner of the SCAC being used.
(7) The truck’s registration with the Department of Transportation.
(c) A trucking company shall update the port within 30 days of a change to its operation that results in more than 50 percent of its employees being replaced by independent contractors.
(d) Beginning January 1, 2027, any information collected pursuant to this section shall be made publicly available by the port.
(e) In order to facilitate efficient and cost-effective information collection pursuant to this section, a port may develop a simplified form that can be completed online.
(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 twenty thousand dollars ($20,000).
(b) A person who fails to comply with subdivision (c) of Section 2790.1 shall be liable for a civil penalty in the amount of five thousand dollars ($5,000).
SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the uniquely high volumes of goods processed at the Port of Long Beach and the Port of Los Angeles require the additional process required pursuant to this act to protect workers.
SEC. 4.
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.