BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 971|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 971
Author: Garcia (D)
Amended: 8/12/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/25/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/12/13
AYES: De León, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
ASSEMBLY FLOOR : 74-0, 5/23/13 (Consent) - See last page for
vote
SUBJECT : Public agency employers: paratransit
SOURCE : Access Services
DIGEST : This bill authorizes a social services paratransit
agency to receive state and local criminal history information
with respect to its contracted service providers for the purpose
of oversight and enforcement of the agency's policies.
ANALYSIS :
Existing law:
1.States legislative intent to improve transportation service
required by social service recipients by promoting the
CONTINUED
AB 971
Page
2
consolidation of social service transportation services.
2.Requires the Attorney General to furnish state summary
criminal history information to specified entities when that
information is needed in fulfilling employment, certification,
or licensing duties, and authorizes the Attorney General to
furnish such information to specified persons or entities for
specified purposes, and provides a similar provision with
respect to mandating and authorizing a local agency (local
criminal justice agency) to furnish local summary criminal
history information to specified entities.
3.States that 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 is a public entity.
4.Requires the Department of Justice (DOJ) to maintain state
summary criminal history information.
5.Authorizes DOJ to furnish state summary criminal history
information to the following specified entities.
6.States that DOJ may furnish state summary criminal history
information, when specifically authorized, and federal-level
criminal history information upon a showing of compelling need
to any of the specified agencies, provided that when
information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or
any other entity in fulfilling employment, certification, or
licensing duties, the employer must follow restrictions listed
in the Labor Code.
7.States, notwithstanding any other law, a human resource agency
or an employer may request from DOJ records of all convictions
or any arrest pending adjudication involving the offenses
specified of a person who applies for a license, employment,
or volunteer position, in which he or she would have
supervisory or disciplinary power over a minor or any person
under his or her care. Requires DOJ to furnish the
information to the requesting employer and also send a copy of
the information to the applicant.
CONTINUED
AB 971
Page
3
Existing federal law, the Americans with Disability Act,
requires comparable transportation service for individuals with
disabilities who are unable to use fixed route transportation
systems.
This bill:
1.Adds paratransit agencies to the list of entities to which the
Attorney General is required to furnish state summary criminal
history information for the purpose of oversight and
enforcement of the agency's policies.
2.Adds paratransit agencies to the list of entities to which
local agencies (local criminal justice agencies) is required
to furnish local summary criminal history information for the
purpose of oversight and enforcement of the agency's policies.
Background
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 pursuant to federal law. Under current
state law, these entities are deemed "public agencies," as
specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Increased workload costs to DOJ of $75,000 (Special Fund*) in
Fiscal Year 2013-14 and $90,000 in Fiscal Year 2014-15.
Ongoing costs are estimated to be minor and absorbable.
Ongoing non-reimbursable costs to local criminal justice
agencies authorized to furnish local summary criminal history
information to paratransit agencies in order to conduct
background checks on employees of its contracted service
providers.
*Fingerprint Fees Account
SUPPORT : (Verified 8/14/13)
CONTINUED
AB 971
Page
4
Access Services (source)
Association of Regional Centers
OPPOSITION : (Verified 8/14/13)
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The Association of Regional Center
Agencies (ARCA), "This bill would allow public entities that
contract with paratransit service providers to require those
providers to do sex offense-related background checks on
prospective employees. People who make use of paratransit
services are uniquely vulnerable, as isolated incidents across
the country have recently made apparent. By addressing a
loophole in current law, this bill will help ensure that
paratransit employees, whose work is a critical service for
people with disabilities, have no history of sex offenders.
ARCA is grateful for your attentiveness to this issue, and
appreciates the sharp eye that has notices, and seeks to
address, this gap in state law."
ARGUMENTS IN OPPOSITION : Taxpayers for Improving Public
Safety (TIPS) states, "TIPS fully supports the need for
background checks in order to assure the safety of the most
vulnerable individuals, i.e., those that require paratransit.
However, this legislation fails to include any safeguards for
the security of the information once it is provided. There may
be an individual who has a criminal conviction or arrest that is
so far in the distant past as to be irrelevant to a present
hiring decision. However, the particular paratransit agency may
feel that it is a sufficient basis to deny employment. There
should however be a statutory duty to maintain the
confidentiality by the paratransit agency of the criminal
history so that the individual for whom the record was sought
does not become a pariah due to the disclosure of the
confidential information contained in the record."
ASSEMBLY FLOOR : 74-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
CONTINUED
AB 971
Page
5
Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. Pérez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
JG:nl 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED