BILL ANALYSIS
AB 1934
Page 1
Date of Hearing: May 1, 2002
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Paul Koretz, Chair
AB 1934 (Corbett) - As Amended: April 24, 2002
SUBJECT : Telephone corporations: background security checks.
SUMMARY : Requires telephone companies to do background checks
on applicants for employment, contractors and vendors.
Specifically, this bill :
1)Requires telephone corporations to perform background checks
of applicants for employment, consistent with their current
business practices. The same type of check is also required
for persons hired by a telephone corporation under a personal
services contract, independent contractors and their
employees, and vendors and their employees.
2)Except as otherwise provided by contract, the telephone
corporation is not be responsible for administering or paying
for the background checks of individuals who are not their
employees.
3)The requirements don't apply to persons without direct contact
with or access to the telephone network, the telephone
corporation's central office, or customer premises. They also
don't 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.
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. Telephone
corporations are not required to complete background checks on
employment applicants, contractors or vendors.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : The author notes that our society is dependent on
the integrity of our telecommunications system in many ways,
including air traffic control, emergency services dispatch,
military, business and personal communications. Disruptions in
AB 1934
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the communications system can be devastating to a community.
Furthermore, telephone company employees work around the clock,
some in remote locations, interacting with contractors and
vendors. It is sensible to take steps to reduce risks.
According to the author, the telephone companies are routinely
completing background checks on their applicants for employment,
even though they are not required to do so by law. However,
they are not exercising similar caution when it comes to
contractors. This bill would require background checks on
contractors and vendors similar to what is presently routine for
employees.
The bill as amended does not specify what the elements of the
required background check shall be, only that they be in
accordance with "current business practices." This leaves some
room for uncertainty, potentially raises a question about
changes in company policies in this area, and may result in
freezing in place disparities from one company to the next.
There appears to be a typographical error on page 3 of the bill,
at line 15, where the word "assure" is probably meant to be
"assume."
REGISTERED SUPPORT / OPPOSITION :
Support
Communication Workers of America, District 9 (sponsor)
Opposition
None on file.
Analysis Prepared by : Dennis M. Orfirer / L. & E. / (916)
319-2091