BILL ANALYSIS Ó
AB 2777
Page 1
ASSEMBLY THIRD READING
AB
2777 (Nazarian)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Utilities |8-3 |Dahle, Eggman, |Gatto, Patterson, |
| | | |Chávez |
| | | | |
| | |Cristina Garcia, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-2 |Gonzalez, Bloom, |Bigelow, Chang |
| | |Bonilla, Bonta, | |
| | |Calderon, Daly, | |
AB 2777
Page 2
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Allows, but does not require, a "transportation
network company" (TNC) to ask the Department of Justice (DOJ) to
provide state summary criminal history information for its
employees and contractors. Specifically, this bill:
1)Authorizes a TNC to submit to the DOJ the fingerprint images
and related information required by the DOJ to process records
of state convictions and state arrests for a person employed,
retained, contracted, or otherwise compensated to perform
services coordinated by that company.
2)Requires the DOJ to provide a state-level response to a TNC
upon a request made pursuant to the above provision.
3)Requires the TNC to ask DOJ for subsequent notification
service for persons for whom fingerprint images and related
information have been submitted.
4)Requires the DOJ to charge a TNC a fee which sufficiently
covers the cost of processing such a request.
5)Defines a "TNC" as it is already defined in the Public
Utilities Code.
EXISTING LAW:
AB 2777
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1)Requires the DOJ to furnish state summary criminal history
information to specified entities, if needed in the course of
their duties, 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,
specified restrictions listed in the Labor Code are followed.
2)Allows the DOJ to furnish state summary criminal history
information to specified entities and, when specifically
authorized, federal-level criminal history information, upon a
showing of a compelling need, 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, specified restrictions listed in the Labor Code are
followed.
3)Allows DOJ to charge a fee to reimburse department costs, and
a surcharge to fund system maintenance and improvements,
whenever state summary criminal history information is
furnished as the result of an application and is to be used
for employment, licensing, or certification purposes. Allows,
notwithstanding any other law, any person or entity required
to pay a fee to DOJ for information received under this
provision to charge the applicant a fee sufficient to
reimburse the person or entity for this expense.
4)States that, notwithstanding any other law, the DOJ may
require the submission of fingerprints for the purpose of
conducting criminal history information checks that are
authorized by law.
5)States that, notwithstanding any other law, whenever state
summary criminal history information is initially furnished as
the result of an application by an agency, organization, or
AB 2777
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individual or by an authorized transportation company, as
specified, and the information is to be used for employment,
licensing, or certification purposes, then DOJ shall
disseminate the following information:
a) Every conviction rendered against the applicant, except
a conviction for which relief has been granted pursuant to
Penal Code Section 1203.49;
b) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her
own recognizance pending trial; and,
c) Sex offender registration status of the applicant.
6)Authorizes, notwithstanding any other law, a human resource
agency or an employer to request from DOJ records of all
convictions or any arrest pending adjudication involving
specified offenses 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.
7)Allows, notwithstanding any other law, a contract or
proprietary security organization to request criminal history
information concerning its prospective employees, as
specified.
8)Punishes as a misdemeanor any person authorized by law to
receive a record or information obtained from a record who
knowingly furnishes the record or information to a person who
is not authorized by law to receive the record or information.
AB 2777
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9)Prohibits an employer, whether a public agency or private
individual or corporation, to ask an applicant for employment
to disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in
conviction, or information concerning a referral to, and
participation in, any pretrial or posttrial diversion program,
nor shall any employer seek from any source whatsoever, or
utilize, as a factor in determining any condition of
employment including hiring, promotion, termination, or any
apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that
did not result in conviction, or any record regarding a
referral to, and participation in, any pretrial or posttrial
diversion program.
10)Provides that the California Public Utilities Commission
(PUC) may fix rates and establish rules for the transportation
of passengers and property by transportation companies,
prohibit discrimination, and award reparation for the exaction
of unreasonable, excessive, or discriminatory charges.
11)Establishes the PUC's authority to regulate, require license
or permit to operate, require insurance and workers
compensation, take appropriate enforcement action and other
provisions related to passenger stage corporations and
transportation charter-party carriers.
12)Defines a "transportation network company" as "an
organization, including, but not limited to, a corporation,
limited liability company, partnership, sole proprietor, or
any other entity, operating in California that provides
prearranged transportation services for compensation using an
online-enabled application or platform to connect passengers
with drivers using a personal vehicle."
AB 2777
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, fully reimbursable cost in the $3.2 million range if
all TNCs request criminal background checks for about 100,000
employees and DOJ charges the usual $32 for background checks.
(Fingerprint Fees Account)
COMMENTS: According to the author, "TNCs provide prearranged
transportation services for compensation using online-enabled
application or platform (such as smart phone apps) to connect
passengers with drivers using their personal vehicles.
Unfortunately, high-profile incidents have arisen, involving
drivers accused of assaulting, kidnapping, raping, harassing and
stealing from customers. These incidents point to the need to
allow TNCs to request a DOJ background check. By allowing TNC
to access DOJ criminal history databases, AB 2777 gives TNCs
another tool in its toolbox to uncover criminal history not
discovered through traditional methods, prevent fraud and
enhance its goal of providing safe and reliable service."
Analysis Prepared by:
Sandy Uribe/ PUB. S. / (916) 319-3744 FN:
0003172