BILL ANALYSIS
AB 709
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 709 (Lieu) - As Amended: April 22, 2009
Policy Committee:
UtilitiesVote:10-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires the Public Utilities Commission (PUC) to
adopt and enforce rules requiring drivers for charter party
carriers serving airports to undergo criminal background checks.
Specifically, this bill:
1)Prohibits the governing body of an airport from requiring
criminal history background checks on a driver for a
charter-party carrier who provides transportation to and from
airports, but permits the governing body of an airport to
request a list of all drivers to whom identification
credentials have been issued.
2)Requires a charter party carrier, seeking approval or renewal
of their operating permit or certificate from the PUC, and who
provides transportation to and from an airport, to certify
that the carrier's drivers have successfully completed a
criminal history background check and have been issued an
identification credential.
3)Requires the PUC to adopt rules requiring that a complete
criminal history background check be conducted and an
identification credential be issued for drivers of
charter-party carriers that serve airports, and specifies
those criminal acts for which the background check would
disqualify drivers and prospective drivers.
4)Provides that charter party carriers employing drivers that
have not successfully completed the criminal background check
shall be subject to civil penalties of up to $2,000 per
incident, and that repeated violations are grounds for
AB 709
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certification or permit revocation.
5)Requires the rules to provide that all drivers that are
employed by a charter-party carrier shall carry identification
credentials at all times on airport property and produce the
credentials when requested by law enforcement officers.
FISCAL EFFECT
The PUC would incur annual special fund costs of about $1.2
million to fund 17 positions related to undertaking the
rulemaking to determine the parameters of the background check
program, including an appeals process for drivers denied a
credential; receiving, reviewing, and maintaining criminal
history information obtained from the Department of Justice; and
ensuring compliance through auditing of carrier records and spot
checks at airports. [Transportation Reimbursement Account]
The PUC indicates there are over 6,000 charter party carriers in
the state, and estimates 25,000 to 30,000 drivers, with a fairly
high turnover rate.
COMMENTS
1)Background . Charter-party carriers furnish
limousines-for-hire or passenger charter transportation
service in motor vehicles. Charter-party carriers do not
include vehicles on a set schedule or between fixed termini,
taxi cabs, car rentals, or a city bus. Typical charter party
carriers provide different sized vehicles to take a scheduled
group of people to another location and/or back, such as on
tour buses. The group would usually reserve the vehicle as a
group, and would not reserve a "seat" individually. Current
law requires charter-party carriers to possess a certificate
to operate from the PUC.
2)Purpose . According to the author, this bill is intended to
provide uniformity, consistency, and cost savings to
charter-party drivers who service multiple airports. The
author indicates that there is a movement among California's
airports to require background checks. Some airports are
considering requiring the U.S. Transportation Security
Administration (TSA) checks and badges, while others are
considering a different set of disqualifying crimes for
drivers. The sponsor-the Greater California Livery
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Association-is concerned that each airport may have its own
distinct background check and badge requirements that would
over-burden charter-party carrier drivers who serve multiple
airports by requiring them to undergo multiple background
checks and carry multiple identification badges.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081