BILL NUMBER: SB 1055	CHAPTERED
	BILL TEXT

	CHAPTER  282
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2010
	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  APRIL 21, 2010

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 16, 2010

   An act to add Section 11546.6 to the Government Code, relating to
the State Chief Information Officer.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1055, 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, 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 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.


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

  SECTION 1.  Section 11546.6 is added to the Government Code, to
read:
   11546.6.  (a) The State Chief Information Officer shall require
fingerprint images and associated information from an employee,
prospective employee, contractor, subcontractor, volunteer, or vendor
whose duties include, or would include, working on data center,
telecommunications, 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) shall be furnished to the Department of Justice for
the purpose of obtaining information as to the existence and nature
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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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.