BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1055|
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UNFINISHED BUSIENSS
Bill No: SB 1055
Author: Ashburn (R)
Amended: 8/2/10
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
SENATE FLOOR : 31-0, 5/10/10
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,
Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,
Simitian, Steinberg, Strickland, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Corbett, Denham, Dutton, Harman, Liu,
Oropeza, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 78-0, 8/12/10 (Consent) - See last page
for vote
SUBJECT : State Chief Information Officer: fingerprints
criminal history
SOURCE : Office of the State Chief Information Officer
DIGEST : This bill requires for criminal background
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checks by the State Chief Information Officer for
employees, contractors, volunteers and vendors.
Assembly Amendments : (1) requires rather than authorizes
the program and (2) adds information that must be furnished
to the Department of Justice.
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 (AG) is
responsible for the security of criminal offender record
information. (Penal Code Section 11077)
Existing law provides that the AG shall maintain summary
criminal history information and shall furnish the
information regarding an employee or applicant including
specified organizations to which the AG 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
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 centers,
telecommunication, or network operation, engineering a
security with access to confidential or sensitive
information.
This bill provides that the fingerprint images and
associated information shall be furnished to the Department
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of Justice (DOJ) for the purpose of obtaining information
as to the existence and nature of any of the following:
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.
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.
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.
Requests for federal criminal offender record
information received by the DOJ pursuant to this
section shall be forwarded to the Federal Bureau of
Investigation by the DOJ.
This bill provides that the DOJ 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 DOJ 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.
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, the DOJ or Federal
Bureau of Investigation criminal offender record.
Individuals shall not be found to be ineligible for
employment until the appeals process is in place.
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The bill provides that when considering the background
information received, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/12/10)
Office of the State Chief Information Officer (source)
Department of Finance
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
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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
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La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, Niello, Nielsen, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Norby, Vacancy
RJG:do 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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