BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1055|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1055
Author: Ashburn (R)
Amended: 4/21/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : State Chief Information Officer: fingerprints
criminal history
SOURCE : Office of the State Chief Information Officer
DIGEST : This bill provides for criminal background
checks by the State Chief Information Officer for
employees, contractors, volunteers and vendors.
ANALYSIS : Existing law provides that criminal offender
record information shall be disseminated, whether directly
or through an intermediary, only to such agencies as are,
or may subsequently be, authorized access to such record by
statute. (Penal Code Section 11076)
Existing law provides that the Attorney General is
responsible for the security of criminal offender record
information. (Penal Code Section 11077)
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Existing law provides that the Attorney General shall
maintain summary criminal history information and shall
furnish the information regarding an employee or applicant
including specified organizations to which the Attorney
General shall supply information regarding every conviction
rendered against the applicant as well as every arrest for
which the applicant is presently awaiting trial. (Penal
Code Section 11105(p))
Existing law provides that there is in state government the
office of the State Chief Information Officer. The State
Chief Information Officer shall be appointed by, and serve
at the pleasure of, the Governor, subject to Senate
confirmation. The State Chief Information Officer shall be
a member of the Governor's cabinet. (Government Code
Section 11545)
This bill provides that the State Chief Information Officer
may 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.
This bill provides that the fingerprint images and
associated information may be furnished to the Department
of Justice for the purposes of obtaining information as to
the existence and nature of 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/her own recognizance pending trial or appeal. Requests
for federal criminal offender record information received
by the Department of Justice pursuant to this bill shall be
forwarded to the Federal Bureau of Investigation by the
Department of Justice.
This bill provides that the Department of Justice may
charge a fee and shall respond to the State Chief
Information Officer with information as provided under
Penal Code Section 1105(p).
This bill provides that if an individual is rejected as a
result of information contained in the Department of
Justice or Federal Bureau of Investigation criminal
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offender record information response, the individual shall
receive a copy of the response record from the State Chief
Information Officer.
This bill requires the State Chief Information Officer to
develop a written appeal process for an individual
described in subdivision (a) who is determined ineligible
for employment because of his/her Department of Justice or
Federal Bureau of Investigation criminal offender record.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/3/10)
Office of the State Chief Information Officer (source)
OPPOSITION : (Verified 5/3/10)
American Civil Liberties Union
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Teamsters Public Affairs Council
Engineers & Scientists of California, Local 20, IFPTE,
AFL-CIO
International Longshore and Warehouse Union
Legal Services for Prisoners with Children
Professional and Technical Engineers, Local 21, IFPTE,
AFL-CIO
United Food and Commercial Workers Western States Council
UNITE-HERE
ARGUMENTS IN SUPPORT : The author's office states, "The
Office of the State Chief Information Officer (OCIO) is
engaged in an IT infrastructure consolidation effort that
will achieve ongoing GF savings, increase the reliability
of the state's IT infrastructure, and bolster the security
of confidential information. This initiative adheres to
the principles found within the Legislature approved GRP 1
(2009) and the Governor's Executive Order S-03-10. This
initiative cannot be completed without the ability to
consolidate various state agencies' IT infrastructure
within the state's data center. To date, the data center
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maintenance and operations is completed with non-background
checked personnel. Without the statutory authority to
ensure current and future employees adhere to a required
level of background check verification, the OCIO will be
unable to consolidate departments such as CDCR, HHSA, the
CA State Lottery, FTB, DMV or any other agency that is
bound by federal or state background check regulations.
This legislation seeks to provide this authority for those
positions that would have access to confidential
information, approximately 400 employees out of 1300 OCIO
wide."
ARGUMENTS IN OPPOSITION : Organized labor argues that "SB
1005 would vastly increase the number of fingerprints that
the State of California collects on law abiding citizens,
to include all applicants for jobs, volunteers, vendors,
subcontractors who might come in contact with "confidential
or sensitive" information."
RJG:do 5/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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