BILL NUMBER: AB 1934	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2002
	AMENDED IN ASSEMBLY  MAY 8, 2002
	AMENDED IN ASSEMBLY  APRIL 24, 2002
	AMENDED IN ASSEMBLY  APRIL 18, 2002

INTRODUCED BY   Assembly Member Corbett

                        FEBRUARY 12, 2002

   An act to add Section 7910 to the Public Utilities Code, relating
to telephone corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1934, as amended, Corbett.  Telephone corporations:  background
security checks.
   Existing law permits telephone corporations to construct, own,
control, operate and manage telephone lines and to provide telephone
service for compensation in the state, subject to regulation by the
Public Utilities Commission.
   This bill would require telephone corporations to perform an
investigation into the background of certain applicants for
employment.  The bill would also require that a background check be
performed on certain persons hired by a telephone corporation under a
personal services contract,  as  independent contractors
 ,  and  as  vendors  , and would
require independent contractors and vendors to certify that they have
obtained the background checks, and to make those checks available
to the telephone corporation upon request .  The bill would
provide that the telephone corporation is not responsible for
administering or paying for the background checks of persons hired
under a personal services contract, independent contractors, and
vendors.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7910 is added to the Public Utilities Code, to
read:
   7910.  (a) Telephone corporations shall perform background checks
of applicants for employment, according to current business
practices.
   (b) A background check equivalent to that  described in
subsection (a)   performed by the contracting telephone
corporation  shall also be conducted on all of the following:
   (1) Persons hired by a telephone corporation under a personal
services contract.
   (2) Independent contractors and their employees.
   (3) Vendors and their employees.
   (c)  Independent contractors and vendors shall certify that
they have obtained the background checks required pursuant to
subdivision (b), and shall make the background checks available to
the telephone corporation upon request.
   (d)  Except as otherwise provided by contract, the telephone
corporation shall not be responsible for administering the background
checks and shall not assume the cost of the background checks of
individuals who are not applicants for employment of the telephone
corporation.  
   (d)  
   (e)  (1) Subdivision (a) only applies to applicants for
employment for positions that would allow the applicant to have
direct contact with or access to the telephone network, the telephone
corporation's central office, or customer premises, and would
require the applicant to perform activities that involve the
installation, service, or repair of the telephone network or
telephone equipment.
   (2) Subdivision (b) only applies to persons that have direct
contact with or access to the telephone network, the telephone
corporation's central office, or customer premises, and perform
activities that involve the installation, service, or repair of the
telephone network or telephone equipment.  
   (e)  
   (f)  This section does not apply to temporary workers
performing emergency functions to restore the network of a telephone
corporation to its normal state in the event of a natural disaster or
an emergency that threatens or results in the loss of service.  

   (g) The provisions of this section apply only to applicants for
employment who apply for employment on and after January 1, 2003, and
to contracts entered into on or after January 1, 2003.