BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 971
                                                                  Page  1

          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
                                                                  Page  2

          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
                                                                  Page  3