BILL ANALYSIS
AB 1934
Page A
Date of Hearing: April 22, 2002
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Roderick D. Wright, Chair
AB 1934 (Corbett) - As Amended: April 18, 2002
SUBJECT : Telephone corporations: background security checks.
SUMMARY : Subjects applicants for employment and outside
contractors who will have access to critical elements of the
telephone network to criminal background checks by the
Department of Justice (DOJ). Specifically, this bill :
1)Directs the Attorney General (AG) to furnish summary criminal
history information to:
a) A telephone corporation, when investigating the
background of applicants for employment; and
b) A person working under a personal services contract with
a telephone corporation, when investigating the background
of their employees.
2)Requires telephone corporations to investigate the background
of applicants for employment who will have contact or access
to critical elements of the telecommunications network.
3)Requires every person performing service under a personal
services contract with a telephone corporation, including
independent contractors, vendors, and their employees
(contractor), to provide the telephone corporation with a
background check on everyone who will have contact or access
to critical elements of the telecommunications network.
4) Provides that the background checks shall include whether the
applicant, or the contractor:
a) Has any arrests pending adjudication; or
b) Has entered a guilty or "no-contest" plea, or been
convicted of a misdemeanor or felony relevant to whether
the applicant would be a threat to the security of the
telecommunications system, regardless of whether the
conviction has been expunged.
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5)Defines "arrests pending adjudication" to include outstanding
arrest warrants, arrests for which the applicant or contractor
is awaiting trial, whether the applicant or contractor is
incarcerated, escaped incarceration, or has been released on
bail on his or her own recognizance (OR).
6)Requires the applicant and the contractor, upon request by the
telephone corporation, to submit fingerprints and related
information for the purpose of obtaining summary criminal
history information from DOJ and the Federal Bureau of
Investigation (FBI).
7)Permits DOJ to charge a reasonable fee for furnishing state
summary criminal history information, as well as a fee to
cover its costs of obtaining FBI information.
8)Declares that all summary criminal history information
obtained from DOJ is confidential, and requires each telephone
corporation or contractor receiving criminal history
information to ensure the following:
a) No person receiving the information shall disclose its
contents, other than to discuss the results with the
applicant, or provide copies of the information.
b) The information shall be stored in a secure place,
accessible only to persons responsible for screening
applicants.
c) The information shall be destroyed in a secure manner,
including shredding, after the hiring determination has
been made or the contract has been completed or terminated.
EXISTING LAW allows telephone corporations to construct, own,
control, operate and manage telephone lines and to provide
telephone service, subject to regulation by the California
Public Utilities Commission (PUC).
Directs DOJ to maintain summary criminal history information --
the master record of information compiled by AG pertaining to
the identification and criminal history of any person, such as
name, date of birth, fingerprints, photographs, date of arrests
and the like.
Requires AG to furnish summary criminal information to various
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agencies and persons, including courts, law enforcement,
attorneys, and local governments, for employment, licensing and
related official purposes.
Prohibits any employer, whether a public agency or private
individual or corporation, from seeking out or asking a job
applicant to disclose information concerning an arrest that did
not result in conviction, or information concerning a referral
to a diversion program.
Permits an employer to ask an employee or job applicant about an
arrest for which the person is out on bail or on OR release
pending trial.
FISCAL EFFECT : Unknown.
COMMENTS :
Author's statement
The telecommunications system is vital to many key functions in
California. The central offices of telephone corporations have
connections for air traffic control, 911 dispatch, alarm systems
for sensitive areas, and other important functions. People rely
on the communications system for business and other daily
routines. Because of this, any actions that harm or disable
critical elements of the system would have a negative impact on
public safety.
In the event of a terrorist attack, the response to the
situation would be hindered if the communications system is
debilitated, and the disaster could be worse. Therefore, in the
interest of public safety, it is necessary that anyone who has
access to critical elements of the telephone network be subject
to background investigations to ensure that people that pose a
threat to the system do not gain access.
Arrest information and criminal history
Unlike many states, in California, criminal histories or "rap
sheets" compiled by law enforcement agencies are not public
record. Only certain employers such as school districts, law
enforcement, security guard firms, and childcare facilities have
access to this information.
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Although arrest record information is public record, California
employers cannot seek out the arrest record of a potential
employee.<1> However, if the arrest resulted in a conviction,
or if the applicant is out of jail but pending trial, that
information can be used. This bill departs from these general
rules prohibiting employers from seeking arrest information.
This bill adds telephone corporations to the list of employers
that can obtain criminal histories, but also requires the
telephone company or the contractor of the telephone company to
obtain records of convictions, even for those crimes where the
conviction has been expunged.
Concerns
The Committee and the author may want to discuss:
1)Whether the interests of public safety sought to be advanced
in this bill override the policy allowing expungement and
therefore non-disclosure of conviction records in certain
circumstances.
2)The nature and extent of background checks that have been
performed on existing employees of various telephone
corporations.
3)Who is the appropriate person or entity that should determine
what crimes are relevant to whether the applicant would be a
threat to the security of the telecommunications system?
Other laws
Credit reports: Under the federal Fair Credit Reporting Act,<2>
or FCRA, employers must get an employee's written consent before
seeking that employee's credit report. Many employers routinely
include a request for such consent in their employment
applications. If you decide not to hire or promote someone
based on information in the credit report, you must give the
person a copy of the report and tell them of their right to
challenge the report under FCRA.
School records: Under federal law, educational records --
including transcripts, recommendations and financial information
---------------------------
<1> Labor Code 432.7
<2> 15 U.S.C. 1681
AB 1934
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-- are confidential. Because of these laws, most schools will
not release records without the consent of the student.
Bankruptcies: Federal law prohibits employers from
discriminating against applicants because they have filed for
bankruptcy.
The new federal Aviation Security Bill signed by President Bush
in November 2001 gives airports and airlines the authority to
fingerprint all employees for the purpose of conducting a
criminal background check through the Office of Personnel
Management in Washington, D.C.
This bill also established an amnesty period ending January 7,
2002, during which airport and airline workers could voluntarily
disclose disqualifying felony convictions to their employers and
avoid federal prosecution.
REGISTERED SUPPORT / OPPOSITION :
Support
Communications Workers of America (sponsor)
Opposition
None on file.
Analysis Prepared by : Paul Donahue / U. & C. / (916) 319-2083