BILL ANALYSIS
SB 1055
Page 1
Date of Hearing: June 29, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1055 (Ashburn) - As Amended: April 21, 2010
SUMMARY : Provides that the State Chief Information Officer
(SCIO) may conduct criminal background checks on employees,
contractors, volunteers or vendors whose duties include access
to confidential or sensitive information. Specifically, this
bill :
1)Provides that the SCIO 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.
2)States that the fingerprint images and associated information
gathered by the SCIO may be forwarded to the Department of
Justice (DOJ) for the purpose of obtaining information as to
the existence and nature of a record of state and federal
convictions and the existence and nature of state and federal
arrests for which the person is free on bail or on his own
recognizance pending trial or appeal. Requests for federal
criminal offender record information received by the DOJ shall
be forwarded to the Federal Bureau of Investigation (FBI) by
the DOJ.
3)Provides that the DOJ may charge a fee and shall respond to
the SCIO with the specified information requested.
4)Provides that if an individual is rejected as a result of
information contained in the DOJ or FBI criminal offender
record information response, the individual shall receive a
copy of the response record from the SCIO.
5)Requires the SCIO to develop a written appeal for an
individual determined ineligible for employment because of his
or her DOJ or FBI criminal offender record.
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EXISTING LAW :
1)Provides that there is in state government the office of the
SCIO. The SCIO shall be appointed by, and serve at the
pleasure of the Governor, subject to Senate confirmation. The
SCIO shall be a member of the Governor's cabinet. [Government
Code Section 11545(a).]
2)Provides that the duties of the SCIO shall include advising
the Governor on the strategic management and direction of the
state's information technology. [Government Code Section
11545(b)(1).]
3)States 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.)
4)Provides that the Attorney General (AG) is responsible for the
security of criminal offender record information. (Penal Code
Section 11077.)
5)Requires the AG to maintain summary criminal offender record
information and shall furnish the information regarding the
employee or applicant including specified organizations to
whom the AG shall supply information regarding every criminal
conviction rendered against the applicant as well as every
arrest for which the applicant is presently awaiting trial.
[Penal Code Section 11105(p).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1055 is a
critical piece of legislation that will enable the
administration to implement the information technology
consolidation effort that was anticipated as a part of the
Legislature approved GRP 1 from last year. This measure does
not create any new background check authority that does not
currently exist within the separate departments and agencies.
SB 1055 merely consolidates that authority for use in the
centralized state data centers."
SB 1055
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2)Background Checks for Data Center Employees : According to
material supplied by the author, this bill allows the SCIO to
fingerprint and conduct background checks on employees,
contractors, volunteers, and vendors who have access to
confidential or sensitive information. The scope of this bill
is narrow and is limited to the approximately 400 employees or
the more than 1,300 employed by the SCIO.
In 2009, the Legislature approved GRP 1, which allowed the state
to move forward with a consolidation effort at reducing
redundancies in the state's information technology
infrastructure to improve security and efficiency. In 2009,
the SCIO estimated that consolidation would lead to $1.5
billion in cost savings and cost avoidance over five years.
This effort cannot be implemented without critical background
check authority.
The State Data Center will house the following types of
information: Social Security numbers, Franchise Tax Board
records, health records, and California Department of
Corrections and Rehabilitation and California Highway Patrol
law enforcement records. Without the ability to conduct
background checks on employees with access to sensitive
information, state and federal regulations would preclude the
SCIO from maintaining the data and information for those
entities that make up the majority of consolidation.
3)Costs of Criminal Offender Records Check : This bill
specifically authorizes DOJ to assess a fee for the costs of
processing the criminal offender records information request.
Penal Code Section 11105(e) provides that any entity required
to pay a fee to the DOJ for a criminal offender records
information request may charge the applicant a fee sufficient
to reimburse the entity. This bill does not specify if the
cost to process the criminal offender records information
request will be passed on by the SCIO to the employees,
prospective employees, vendors, volunteers, contractors,
subcontractors, and vendors who are the subject of the records
check. Should the SCIO be made responsible for the costs
associated with the criminal offender records information
request?
4)Argument in Support : According to the Taxpayers for Improving
Public Safety , "This bill would authorize the SCIO: (a) to
require fingerprint images and associated information from an
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employee, prospective employee, contractor, subcontractor,
volunteer, or vendor whose duties include, or would include,
access to confidential or sensitive information; (b) to allow
the SCIO to furnish those images and that information to the
DOJ for the purpose of obtaining information relating to
criminal convictions or the existence and content of a record
arrest, as specified; (c) to require the SCIO to request
subsequent arrest notifications; (d) to require that tan
individual who is rejected as a result of information
contained in the criminal offender record receive a copy of
the response record from the SCIO; and, (e) that the SCIO will
develop a written appeal process for an individual who is
rejected for employment because of his or her record."
5)Argument in Opposition : According to the American Civil
Liberties Union , "SB 1055 would authorize DOJ and FBI
background checks on any employee, contractor, or volunteer
who would have 'access to' confidential information in the
course of their work. We oppose SB 1055 for the following
reasons:
"The 'access to' provision is overbroad. The proposed language
does not make it clear who will be required to comply.
'Access to' could include anyone who works in the same
building where password protected computer files or locked
file cabinets are located. Since the bill provides for
background checks of contractors, vendors, volunteers, etc.
such broad interpretation could include background checks of
movers, janitors, and other non-sensitive positions.
"AB 1055 would allow fingerprints to be taken without any
requirement that they be used for anything. This bill
provides that the fingerprint 'may' be furnished to the DOJ.
"AB 1055 provides no criteria for what convictions would be
disqualifying and under what circumstances individuals can
show rehabilitation and for which crimes. For proper
consideration of conviction information is job-related and
relatively recent to protect against the discriminatory impact
of a criminal conviction record. There is no provision to
ensure only job-related convictions will be reported to the
DOJ. In addition, SB 1055 does not provide for the 'direct
related' requirement of the state constitution."
6)Related Legislation : SB 389 (McLeod) would have added
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specified licensees to the existing list of licensees required
to furnish to the licensing agency a full set of fingerprints
for purposes of conducting criminal history record checks. SB
389 failed passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Tax Payers for Improving Public Safety
Opposition
American Civil Liberties Union
California Teamsters Public Affairs Council
East Bay Community Law Center
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744