Bill Text: CA AB163 | 2011-2012 | Regular Session | Introduced
Bill Title: Department of Forestry and Fire Protection: employment:
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB163 Detail]
Download: California-2011-AB163-Introduced.html
BILL NUMBER: AB 163 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 19, 2011
An act to add Article 4 (commencing with Section 789) to Chapter
2.5 of Division 1 of the Public Resources Code, relating to forestry
and fire protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 163, as introduced, Jeffries. Department of Forestry and Fire
Protection: employment: criminal background checks.
Existing law requires the Department of Forestry and Fire
Protection to be responsible for the fire protection, fire
prevention, maintenance, and enhancement of the state's forest,
range, and brushland resources, contract fire protection, associated
emergency services, and assistance in civil disasters and other
nonfire emergencies.
This bill would require the department to conduct a state and
federal level criminal offender record information search through the
Department of Justice prior to hiring an applicant, as defined, for
a position with the department or the State Board of Forestry and
Fire Protection, with exceptions. The bill would require the
Department of Justice to provide the information electronically, and
require the department to request the Department of Justice to
provide subsequent arrest notification services.
This bill would require the department to make and enforce those
regulations necessary and proper for the implementation and
maintenance of the requirements of these provisions. The bill would
require the department to implement the requirements of these
provisions utilizing any existing funds that are available to the
department and would prohibit the department from assessing a fee on
an applicant for purposes of conducting a background check.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 789) is added to
Chapter 2.5 of Division 1 of the Public Resources Code, to read:
Article 4. Employment Applicant Criminal Background Check
789. For purposes of this article, "applicant" means a person
applying for permanent, full-time employment with the department or
the board.
790. Each applicant shall have his or her fingerprint images and
related information submitted to the department for submission to the
Department of Justice, pursuant to regulations adopted pursuant to
Section 794, for a state and federal level criminal offender record
information search, including subsequent arrest information.
791. Each application for employment shall require the applicant'
s social security number in order to establish the identity of the
applicant. The information obtained as a result of a state and
federal level criminal offender record information search shall be
used in accordance with Section 11105 of the Penal Code, and to
determine whether the applicant is eligible for employment.
792. (a) (1) Prior to hiring an applicant for employment with the
department or the board, the department shall electronically submit
to the Department of Justice fingerprint images and related
information which the Department of Justice requires to determine the
existence and content of a record of state or federal convictions
and state or federal arrests, and also information as to the
existence and content of a record of state or federal arrests for
which the Department of Justice establishes that the person is free
on bail or on his or her own recognizance pending trial or appeal, as
provided pursuant to subdivision (p) of Section 11105 of the Penal
Code.
(2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and electronically
disseminate a response to the department, as provided pursuant to
Section 11105 of the Penal Code.
(3) The Department of Justice shall electronically provide the
response to the department.
(b) The department shall request the Department of Justice to
provide subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(c) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
793. A certified EMT-I or EMT-II shall be exempt from the
requirements of this article if he or she meets all of the following
conditions:
(a) He or she is currently certified pursuant to Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(b) His or her fingerprint images were previously submitted to the
Department of Justice and a state and federal level criminal
offender record information search, including subsequent arrest
information, has been conducted.
(c) He or she submits to the department a written verification
that the certifying entity, as defined in Section 1797.62 of the
Health and Safety Code, the Emergency Medical Services Authority, as
described in Section 1797.101 of the Health and Safety Code, or the
employer has had a state and federal level criminal offender record
information search conducted, including subsequent arrest
information, and that nothing in the criminal offender record
information search precluded the individual from obtaining EMT-I or
EMT-II certification.
794. The department shall make and enforce those regulations that
are necessary and proper for the implementation and maintenance of
the requirements of this article.
795. The department shall implement the requirements of this
article utilizing any existing funds that are available to the
department. The department shall not assess a fee on an applicant for
purposes of conducting a background check.
