BILL ANALYSIS
SB 1055
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1055 (Ashburn) - As Amended: August 2, 2010
Policy Committee: Public
SafetyVote:7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the State Chief Information Officer (SCIO) to
conduct criminal background checks on specified employees,
contractors, volunteers or vendors whose duties include working
on data center, telecommunication, or network operations,
engineering, or security or would include access to confidential
or sensitive information. Specifically, this bill:
1)Requires that fingerprints and associated information gathered
by the SCIO be forwarded to the Department of Justice (DOJ)
for criminal background checks, as specified.
2)Requires requests for federal criminal offender record
information be forwarded to the FBI.
3)Authorizes DOJ to charge a fee sufficient to cover its costs.
4)Provides that if an applicant 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 process for an
applicant determined ineligible due to DOJ or FBI criminal
offender record information.
FISCAL EFFECT
1)Minor GF costs to the SCIO for criminal background checks. The
SCIO estimates first-year costs of about $100,000, and ongoing
costs of about $50,000, which the SCIO contends is absorbable.
SB 1055
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2)Negligible costs to DOJ, which will charge the SCIO for DOJ's
costs.
COMMENTS
1)Rationale. This bill requires the SCIO to fingerprint and
conduct background checks on employees, contractors,
volunteers, and vendors who have access to confidential or
sensitive information. The SCIO estimates this authorization
will be applied to about 400 individuals.
According to the author, "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."
2)Current law provides that criminal offender record information
shall be disseminated, directly or through an intermediary,
only to such agencies authorized access by statute. DOJ
maintains summary criminal offender record information and
furnishes information regarding applicants, to specified
organizations. DOJ, which is generally authorized to charge a
fee to cover related expenses, is responsible for the security
of criminal offender record information.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081