BILL NUMBER: AB 2075	CHAPTERED  09/09/04

	CHAPTER  419
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  AUGUST 17, 2004
	AMENDED IN SENATE  JULY 13, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Benoit

                        FEBRUARY 17, 2004

   An act to add Section 1040 to the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2075, Benoit.  Department of Motor Vehicles:  employee
qualifications.
   Existing law requires a classifiable set of fingerprints of every
state, county, city, and city and county peace officer be furnished
to the Department of Justice and to the Federal Bureau of
Investigation by the agency employing the peace officer.
   This bill would authorize the Department of Motor Vehicles to
require fingerprint images and associated information from any
employee or prospective employee whose duties include or would
include access to certain confidential information, access to cash or
checks, responsibility with respect to a critical automated system,
or making decisions regarding licenses and other matters.
   This bill would authorize those fingerprint images and associated
information to be furnished to the Department of Justice for the
purpose of obtaining information as to the existence and nature of a
record of state or federal level convictions and arrests, as
specified.  The bill would authorize the Department of Justice to
assess a fee sufficient to cover the processing costs for providing
that information.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1040 is added to the Government Code, to read:

   1040.  (a) The Department of Motor Vehicles may require
fingerprint images and associated information from an employee or
prospective employee whose duties include or would include any of the
following:
   (1) Access to confidential information in a database of the
department.
   (2) Access to confidential or sensitive information provided by a
member of the public including, but not limited to, a credit card
number or social security account number.
   (3) Access to cash, checks, or other accountable items.
   (4) Responsibility for the development or maintenance of a
critical automated system.
   (5) Making decisions regarding the issuance or denial of a
license, endorsement, certificate, or indicia.
   (b) The fingerprint images and associated information of an
employee or prospective employee of the Department of Motor Vehicles
whose duties include or would include those specified in subdivision
(a), or any person who assumes those duties, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial.  Requests for
federal level criminal offender record information, received by the
Department of Justice, pursuant to this section, shall be forwarded
to the Federal Bureau of Investigation by the Department of Justice.

   (c) The Department of Justice shall respond to the Department of
Motor Vehicles with information as provided under subdivision (p) of
Section 11105 of the Penal Code.
   (d) The Department of Motor Vehicles shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
   (e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
   (f) This section does not apply to an employee of the Department
of Motor Vehicles whose appointment occurred prior to January 1,
2005.
   (g) The Department of Motor Vehicles may investigate the criminal
history of persons applying for employment in order to make a final
determination of that person's fitness to perform duties that would
include any of those specified in subdivision (a).