BILL ANALYSIS
AB 2858
Page 1
REVISED - May 25, 2004
ASSEMBLY THIRD READING
AB 2858 (Ridley-Thomas)
As Amended May 13, 2004
Majority vote
PUBLIC SAFETY APPROPRIATIONS 16-5
(vote not relevant)
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| | |Ayes:|Chu, Berg, Calderon, |
| | | |Corbett, Correa, |
| | | |Firebaugh, Goldberg, |
| | | |Leno, Nation, Negrete |
| | | |McLeod, Oropeza, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Runner, Bates, Daucher, |
| | | |Haynes, Keene |
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SUMMARY : Requires certain companies that provide for-hire
transportation services to and from airports to require
individuals that apply to work for them as a driver or a key
employee to undergo criminal background checks, screening and
credentialing through a process that would be established by the
California Public Utilities Commission (CPUC). Specifically,
this bill :
1)Declares the Legislature's intent to reaffirm its commitment
to homeland security as it relates to charter-party carriers
and their employees who drive passengers to and from airports.
This bill also declares that the purpose of this bill is to
assure the traveling public that drivers of privately engaged
carriers have been through security clearances and to provide
uniformity in credentialing among charter-party carriers of
passengers.
2)Prohibits CPUC from issuing or renewing a permit to operate as
a charter-party carrier unless the applicant certifies that
its drivers and key employees have successfully completed a
criminal history background check and have been issued an
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identification credential. This bill defines "key employees"
as the owner or partner of the charter-party carrier or, if
the carrier is a corporation, the officers and directors of
the corporation.
3)Specifies that companies that have been certified and
authorized to provide service would be required to only employ
individuals as drivers or key employees if they had been
approved by CPUC based on a successful criminal background
check. This requirement would apply retroactively to drivers
employed on or after January 1, 2003 and to all future
applicants. Violations of this requirement would be
punishable by a fine of up to $2000 per incident. Repeated
violations would be grounds for revoking the company's permit
to operate.
4)Requires CPUC to adopt regulations to establish standards and
procedures to investigate the background of individuals who
seek employment as drivers. CPUC would be required to design
and utilize a fingerprint-based criminal background
investigation to determine past convictions for the following
specific criminal acts, any of which would disqualify an
applicant for employment:
a) Unlawful transportation of hazardous material;
b) Carrying a weapon or explosive aboard an aircraft;
c) Unlawful entry into an aircraft or airport area that
serves air carriers or foreign air carriers contrary to
established security requirements;
d) Destruction of an aircraft or aircraft facility;
e) Violence at international airports;
f) Unlawful possession, use, sale distribution, or
manufacture of an explosive, incendiary device or assault
weapon;
g) Felony arson;
h) Hate crimes as established under specified provisions of
current law; and,
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i) Conspiracy or attempt to commit any of the
above-specified criminal acts.
5)Requires CPUC to transmit fingerprint information to the
Department of Justice (DOJ), who would be required to conduct
the background check, and forward a request to the Federal
Bureau of Investigations (FBI) to perform a federal level
criminal offender background check. DOJ would be required to
obtain and compile specific information for CPUC to review and
hold confidential. CPUC would then notify the charter-party
carrier if the applicant has been approved or disqualified,
with an explanation for the latter.
6)Requires a charter-party carrier who operates as a subcarrier,
and does not employ any drivers other than the holder of the
permit, to be treated as an employee of the parent carrier for
the purposes of complying with the criminal background check
requirements.
7)Allows a person who is currently employed as a driver or a key
employee to continue to be employed by the carrier while a
criminal background investigation is pending. This bill also
requires every charter-party carrier that is subject to the
requirements of this bill to inform an applicant for
employment as a driver or key employee, both on the employment
application and through oral communication, of the
requirements of this bill and the consequences that may occur
if the driver or key employee is disqualified from employment.
8)Requires CPUC to develop regulations for the issuance of
identification credentials to each applicant that successfully
completes the criminal background check. This bill requires
all drivers that are employed by a licensed charter-party
carrier to retain the identification credential at all times
when they are on airport property, and produce the credential
upon request from airport law enforcement. Failure to produce
the credential at the request of airport law enforcement would
render the driver and the carrier liable for a fine of not
more than $500 per incident. Repeat offenses could subject
the carrier to revocation of their permit.
9)Requires CPUC to develop regulations for the imposition of a
fee to be collected from the charter-party carriers. The fee
must be sufficient to cover the costs of CPUC and DOJ for
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processing fingerprint records, reviewing documents, and
issuing identification credentials under this bill. An
employee or applicant for employment may not be charged a fee
for the performance of the criminal background check required
by this section.
10)Prohibits employees and agents of a charter-party carrier
from sharing any information related to the disqualification
of a driver or key employee. This bill would also authorize a
person disqualified from employment pursuant to the provisions
of this bill to request a hearing by the commission to
challenge the accuracy of the criminal background
investigation.
EXISTING FEDERAL LAW establishes the Transportation Security
Administration (TSA) as part of the United States Department of
Transportation (USDOT). TSA, which is administered by the Under
Secretary of Transportation for Security, is responsible for
carrying out programs to take specific measures to ensure
aviation security through increase screening of passenger and
commercial activity at airport facilities. This includes
hiring, training, and retention of personnel for the security
screening of passengers, baggage and conducting background
checks for individuals with access to secure areas of airports
that provide regular service to an air carrier that holds a
certificate issued by USDOT.
EXISTING STATE LAW sets forth the Passenger Charter-Party
Carriers' Act, which among other things:
1)Requires CPUC, before issuing or renewing a permit to operate
as a charter party carrier, to require an applicant for a
permit to establish reasonable fitness and financial
responsibility to provide, or continue to provide, the
transportation service.
2)Prohibits CPUC from issuing or renewing a permit under this
act unless the applicant meets both of the following
requirements:
a) The applicant will maintain its vehicles in a safe
operating condition with specified provisions of current
law relative to vehicle safety; and,
b) The applicant provides for a mandatory controlled
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substance and alcohol testing certification program as
specified by CPUC.
3)Requires charter-party carriers to operate on a prearranged
basis within the state. Under current law, a charter-party
carrier is considered to be operating under a "prearranged
basis" if the transportation of the prospective passenger was
arranged with the carrier by the passenger, or a
representative of the passenger, either by written contract or
telephone.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs of $2.5 million in fiscal year 2004-05 and
$1.9 million in annual costs thereafter. These costs would all
be covered by revenue from the fees that are authorized under
this bill.
COMMENTS : Current law defines a "charter-party carrier of
passengers" as every person engaged in the transportation of
passengers by motor vehicle for compensation, whether in common
or contract carriage, over any public highway in this state.
According to CPUC, there are 3500 companies in the state that
are licensed and regulated to provide service as charter party
carriers.
This bill establishes a comprehensive process for the screening
and identification of a specific class of workers who provide
services to airport patrons at the exterior of the airport. The
author argues that this type of employee screening would
effectively complement the many security improvements new
requirements for employee background checks that have been
established for workers who are located inside the airport
facilities.
Proponents of this bill point out that, following the 9/11
terrorist incidents, the Los Angeles International Airport (LAX)
was closed down for several days. LAX and other airports around
the state and the nation have undergone extensive security
assessments and, in many cases, considered permanent access
restrictions. Proponents point out that when LAX initially
reopened, only bus, van, taxi and limousine drivers were allowed
to drive into the Central Terminal Area (CTA) for several weeks.
Airport Police at LAX requested that legislation be sought to
require criminal background checks of bus, van and limousine
drivers. In the city of Los Angeles, taxi cab drivers are
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already required to undergo background checks.
Concerns have been raised regarding the practical implementation
of this new screening and regulatory program. In situations
where a driver who initially passes a background check and is
issued a credential leaves employment, what happens to the
credential? What is to prevent the former employee from using
the credential to offer underground or "gypsy" transportation
services at the airport? Should this bill be amended to require
the employer or CPUC to retain the credential after an employee
leaves the company?
Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093
FN: 0005676