BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
389 (Negrete McLeod)
Hearing Date: 5/28/2009 Amended: 5/5/2009
Consultant: Bob Franzoia Policy Vote: B,P&ED 9-0 Pub S
7-0
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BILL SUMMARY: SB 389 would make fingerprinting requirements for
the purpose of conducting criminal history record checks
applicable to the Dental Board of California, the Dental Hygiene
Committee of California, the Professional Fiduciaries Bureau,
the Osteopathic Medical Board of California, and the State Board
of Chiropractic Examiners. This bill would require applicants
for a license and, commencing January 1, 2011, licensees who
have not previously submitted fingerprints to successfully
complete a state and federal level criminal offender record
information search. In addition, this bill would (1) require
licensees to certify compliance with the above requirement, (2)
subject a licensee to disciplinary action for making a false
certification, (3) require a licensee as a condition of renewal
to notify the board if he or she has been convicted of a felony
or misdemeanor since his or her last renewal, or if this is the
licensee's first renewal, since the initial license was issued.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
New fingerprinting/criminal $8,318
$14,306Special*
background check requirement ($7,153)
($14,306)
(revenue)
2012-13
$7,788
($7,153)
Expansion of existing finger- $598
$1,068Special**
printing/criminal background
check requirement 2012-13 unknown
$532 ongoing
* State Dentistry Fund, State Dental Auxiliary Fund,
Professional Fiduciaries Fund, Osteopathic Medical Board of
California Contingent Fund, Chiropractic Examiners Fund;
Fingerprint Fees Account, which pays for workload expenditures
incurred by the Department of Justice (DOJ) for providing
summary criminal information
** Reflects Contractors' State License Board (CSLB, Contractors'
License Fund) costs; other Department of Consumer Affairs
boards, bureaus and committees costs significantly less. The
implementation date for the CSLB would be delayed until
sufficient funds are available.
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Preliminary information indicates DOJ will need to begin hiring
on July 1, 2010 to address the additional workload associated
with processing an estimated 561,000
Page 2
SB 389 (Negrete McLeod)
applications over a two year period commencing January 1, 2011.
These positions (38)
should be limited term. It is estimated DOJ will process
140,250 fingerprint submissions in 2010-11, 280,500 in 2011-12,
and 140,250 in 2012-13. The $51 processing fee for state and
federal level background checks will offset most, but not all,
costs.
The CSLB was added in January 2005 to the agencies required to
conduct criminal history record checks. The CSLB has
approximately 180,000 licenses yet to be fingerprinted. Since
there may be multiple persons listed on a license, there may be
more than 300,000 persons that would be fingerprinted as a
result of this bill. CSLB experience shows that 15 percent of
persons fingerprinted have a criminal conviction history, or in
this case, 40,000 persons. At this time, it is unclear how
much, if any, of the CSLB's costs could be offset by fees.
The proposed amendments would do the following:
- As it relates to the CSLB, the provisions shall become
operative on the date on which sufficient funds are available
for the CSLB and the DOJ to conduct a criminal history record
check. The CSLB shall begin implementation such that for
licenses initially issued between December 31, 1999 and January
1, 2006, the certification required shall be submitted during
the license renewal period that begins on January 1 of the year
following the date funds are made available.