BILL NUMBER: SB 1055	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  APRIL 21, 2010

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 16, 2010

   An act to add Section 11546.3 to the Government Code, relating to
the State Chief Information Officer.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1055, as amended, Ashburn. State Chief Information Officer:
fingerprints: criminal history.
   Existing law authorizes certain state agencies to require
fingerprint images and associated information from employees and
prospective employees, and to furnish those images and that
information to the Department of Justice for the purpose of obtaining
information relating to criminal convictions.
   This bill would, in addition,  authorize  
require  the State Chief Information Officer to require
fingerprint images and associated information from an employee,
prospective employee, contractor, subcontractor, volunteer, or vendor
whose duties include, or would include, access to confidential or
sensitive information  , as specified  . The bill would
 allow   require  the State Chief
Information Officer to furnish those images and that information to
the Department of Justice for the purpose of obtaining information
relating to  certain acts, including  criminal convictions
or the existence and content of a record of arrest, as specified. The
bill would require the State Chief Information Officer to request
subsequent arrest notifications, as specified, and would authorize
the Department of Justice to assess a fee sufficient to cover the
processing costs imposed by these provisions. The bill also would
require that an individual who is rejected as a result of information
contained in the criminal offender record receive a copy of the
response record from the State Chief Information Officer and that the
State Chief Information Officer develop a written appeal process for
an individual who is rejected for employment because of his or her
record. The bill would prohibit an individual from being
ineligible for employment pursuant to these provisions until the
appeal process is in place. 
   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.  Section 11546.3 is added to the Government Code, to
read:
   11546.3.  (a) The State Chief Information Officer  may
  shall  require fingerprint images and associated
information from an employee, prospective employee, contractor,
subcontractor, volunteer, or vendor whose duties include, or would
include,  work   ing on data center, telecommunication,
or network operations, engineering, or security with  access to
confidential or sensitive information  and data on the  
network or computing infrastructure  .
   (b) The fingerprint images and associated information described in
subdivision (a)  may   shall  be furnished
to the Department of Justice for the purpose of obtaining
information as to the existence and nature  of a 
 of any of the following: 
    (1)     A  record of state or federal
convictions and the existence and nature of state or federal arrests
for which the person is free on bail or on his or her own
recognizance pending trial or appeal. 
   (2) Being convicted of, or pleading nolo contendere to, a crime,
or having committed an act involving dishonesty, fraud, or deceit, if
the crime or act is substantially related to the qualifications,
functions, or duties of a person employed by the state in accordance
with this provision. 
    (3)     Any conviction or arrest, for which
the person is free on bail or on his or her own  
recognizance pending trial or appeal, with a reasonable nexus to the
information or data   to which the employee shall have
access.   Requests 
    (c)     Requests  for federal 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) 
    (d)  The Department of Justice shall respond to the
State Chief Information Officer with information as provided under
subdivision (p) of Section 11105 of the Penal Code. 
   (d) 
    (e)  The State Chief Information Officer shall request
subsequent arrest notifications from the Department of Justice as
provided under Section 11105.2 of the Penal Code. 
   (e) 
    (f)  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) 
    (g)  If an individual described in subdivision (a) is
rejected as a result of information contained in the Department of
Justice or Federal Bureau of Investigation criminal offender record
information response, the individual shall receive a copy of the
response record from the State Chief Information Officer. 
   (g) 
    (h)  The State Chief Information Officer shall develop a
written appeal process for an individual described in subdivision
(a) who is determined ineligible for employment because of his or her
Department of Justice or Federal Bureau of Investigation criminal
offender record.  Individuals shall not be found to be ineligible
for employment pursuant to this section until the appeal process is
in place.  
   (i) When considering the background information received pursuant
to this section, the State Chief Information Officer shall take under
consideration any evidence of rehabilitation, including
participation in treatment programs, as well as the age and specifics
of the offense.