BILL ANALYSIS
AB 2858
Page 1
Date of Hearing: May 19, 2004
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2858 (Ridley-Thomas) - As Amended: May 13, 2004
Policy Committee: Not
ApplicableVote:Not Applicable
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill establishes a process at the California Public
Utilities Commission (PUC) to ensure greater security is
exercised when companies hire and employ key employees and
drivers to operate vehicles carrying paying passengers to and
from airports. Specifically, this bill:
1)Requires the PUC to adopt regulations that establish standards
and procedures to investigate the backgrounds of persons who
seek employment as an airport van driver or other key
employee, including design and use of a fingerprint-based
criminal background check to determine if a prospective driver
has ever been convicted of any of several crimes related to
hazardous materials, explosives, weapons, aircraft or
airport-related crimes, felony arson, hate crimes, or
conspiracy to commit any of the previous crimes.
2)Requires the PUC to restrict the company's hiring to those
persons approved by the commission and imposes penalties
against an employer who violates this requirement.
3)Requires the PUC to issue an identification credential to each
person who successfully passes the criminal background check
and requires the person, if employed by a company, to carry
the ID credential at all times on airport property.
4)Prohibits the PUC from issuing or renewing an operator's
permit unless the company certifies its drivers have ID
credentials.
5)Prohibits employees and agents of a company from giving any
AB 2858
Page 2
information related to the disqualification of a driver or key
employee and allows a disqualified person to request a PUC
hearing to challenge the accuracy of the criminal background
check.
6)Requires the PUC to impose fees on these airport van companies
at levels sufficient to cover the costs of the commission and
the Department of Justice (DOJ) to process fingerprint
records, review documents, and issue ID certificates.
FISCAL EFFECT
1)Moderate costs, perhaps $200,000 in FY 2003-04, to the PUC to
adopt regulations, to establish the background check process,
and the ID credential process; these costs are likely not
covered by fees the PUC imposes for administration of the
background check and ID credential program. (PUC
Transportation Reimbursement Account.)
2)Moderate ongoing costs, in the range of $250,000 annually
starting in FY 2004-05, to the PUC and the DOJ to administer
the background check and ID certificate program; these costs
are covered by fees imposed on airport van companies by the
commission. (PUC Transportation Reimbursement Account.)
COMMENTS
1)Rationale . The author argues that, in the wake of the events
of September 11, 2001, homeland security would be
substantially enhanced by establishing a comprehensive
criminal screening and ID process for the people who drive
privately-owned vans and other vehicles that take passengers
to and from airports. The author's concern is that potential
future terrorist attacks could be led by or somehow involve
these drivers.
2)Prior Legislation . AB 1645 (Ridley-Thomas) is identical to
this bill and was held on this committee's Suspense calendar,
last year.
Analysis Prepared by : Steve Archibald / APPR. / (916)
319-2081