BILL ANALYSIS Ó
AB 971
Page 1
Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 971 (Garcia) - As Amended: April 18, 2013
Policy Committee: Labor and
Employment Vote: 7-0
Public Safety 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill authorizes specified criminal history be provided to
paratransit agencies for the purpose of overseeing and enforcing
the agency's policies, as specified.
FISCAL EFFECT
Negligible new costs to the Department of Justice (DOJ) for
additional background checks since the background checks
authorized in this bill are already being conducted by some
paratransit agencies.
Background checks are generally supported by fees charged to the
requesting entity, in this case a paratransit agency. The fee is
generally $32 per background check, plus a fee for fingerprint
rolling that can be as high as $65. The rolling fee would
presumably be passed on to employees of the agencies.
COMMENTS
Purpose . Existing law deems an entity formed by a regional
transportation planning authority as a non-profit benefit
corporation charged with administering a countywide coordinated
paratransit plan adopted under federal law as a public agency.
This bill is sponsored by ACSESS Services, which provides
paratransit services for individuals with disabilities in Los
Angeles County. ACSESS Services and its contractors currently
require background checks its drivers. The agency, however,
feels the law is ambiguous its authority to conduct these
AB 971
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checks. Specifically, ACSESS Services states: "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 [we]
facilitate complementary ADA 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."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081