BILL ANALYSIS Ó
AB 971
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Date of Hearing: April 24, 2013
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 971 (Garcia) - As Amended: April 18, 2013
SUBJECT : Public agency employers: paratransit: criminal
history information.
SUMMARY : Specifies that certain criminal history information
may be provided to paratransit agencies for the purposes of
oversight and enforcement of the agency's policies with respect
to contracted providers of service.
EXISTING LAW requires the Attorney General to furnish state
summary criminal history information to a city, county, city and
county, or district, or an officer or official thereof, when
that information is needed in fulfilling employment,
certification, or licensing duties, as specified, subject to
specified restrictions as to arrests or detentions that did not
result in a conviction. Other provisions of existing law
authorize the Attorney General to provide summary criminal
history information to specified persons or entities for
specified purposes. Existing law provides a similar provision
with respect to authorizing a local public entity to receive
local criminal history information.
FISCAL EFFECT : Unknown
COMMENTS : A "paratransit agency" is an entity formed by the
regional transportation planning authority as a nonprofit public
benefit corporation charged with administering a countywide
coordinated paratransit plan adopted under federal law.
Existing state law provides that such entities are deemed
"public agencies" under existing law (Government Code Section
15975(f)).
With respect to criminal history information, existing law
requires the Attorney General to furnish state summary criminal
history information to a city, county, city and county, or
district, or an officer or official thereof, when that
information is needed in fulfilling employment, certification,
or licensing duties, as specified, subject to specified
restrictions as to arrests or detentions that did not result in
a conviction. Existing law provides a similar provision with
AB 971
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respect to authorizing a local public entity to receive local
criminal history information.
This bill is sponsored by Access Services, who states that it is
responsible for the administration of the mandated paratransit
transportation program for the County of Los Angeles and is
tasked with improving the mobility on public transit of persons
with disabilities. Access (and other similar paratransit
agencies) often contract with other entities to provide the
transportation services.
Access contends that current law limits by time and type the
information that can be requested of applicants for employment.
However, it creates exceptions to these rules where health and
safety are of primary concern or the person will be working with
particularly vulnerable individuals in connection with the
employment. Since Access Services facilitates complementary
paratransit services in Los Angeles County for persons with
disabilities, it is imperative that the agency unambiguously
have the right to conduct background checks on its drivers.
The sponsor states that while it and its providers currently do
background checks, the existing statutes are ambiguous as to
whether Access falls within one of the exceptions. They contend
that this minor change would explicitly clarify their ability to
conduct background checks like other transit agencies in
California.
This bill would amend the law to clarify that paratransit
agencies may obtain the criminal history information for the
purposes of oversight and enforcement of their policies with
respect to contracted providers of service.
REGISTERED SUPPORT / OPPOSITION :
Support
Access Services (sponsor)
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 971
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