BILL ANALYSIS Ó AB 971 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 971 (Garcia) As Amended September 4, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |39-0 |(September 9, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: L. & E. 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. The Senate amendments make minor and technical changes. 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 : According to the Assembly Appropriations Committee, this bill will result in 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. 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)). AB 971 Page 2 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 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 Services 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, Access Services, states that while it and its providers currently do background checks, the existing statutes are ambiguous as to whether Access Services 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. Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091 AB 971 Page 3 FN: 0002443