BILL NUMBER: AB 666 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 8, 2012
AMENDED IN ASSEMBLY MARCH 8, 2011
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 17, 2011
An act relating to public lands, and declaring the
urgency thereof, totake effect immediately to add
Article 4 (commencing with Section 789) to Chapter 2.5 of Division 1
of the Public Resources Code, relating to forestry and fire
protection .
LEGISLATIVE COUNSEL'S DIGEST
AB 666, as amended, Jeffries. Public lands: State Public
Works Board. Department of Forestry and Fire
Protection: employment: criminal background checks.
Existing law requires the Department of Forestry and Fire
Protection to be responsible for the fire protection, fire
prevention, maintenance, and enhancement of the state's forest,
range, and brushland resources, contract fire protection, associated
emergency services, and assistance in civil disasters and other
nonfire emergencies.
This bill would require the department to conduct a state and
federal level criminal offender record information search through the
Department of Justice prior to hiring an applicant, as defined, for
a position with the department or the State Board of Forestry and
Fire Protection, with exceptions. The bill would require the
Department of Justice to provide the information electronically, and
require the department to request the Department of Justice to
provide subsequent arrest notification services.
This bill would require the department to make and enforce those
regulations necessary and proper for the implementation and
maintenance of the requirements of these provisions. The bill would
require the department to implement the requirements of these
provisions utilizing any existing funds that are available to the
department.
Existing law requires that all land and other real property to be
acquired by or for a state agency, other than specifically listed
agencies, be acquired by the State Public Works Board. Existing law
requires that the jurisdiction over real property acquired by the
board remains in the Department of General Services until the
property is needed for the purpose for which it was acquired.
This bill would authorize the State Public Works Board to acquire
from the Jurupa Area Recreation and Park District certain land in
Riverside County in the Jurupa Mountains that is adjacent to 2
state-owned parcels that are part of the Stringfellow Acid Pits
Contamination Site. The bill would require the board to transfer that
land to the Department of Toxic Substances Control.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 789)
is added to Chapter 2.5 of Division 1 of the Public
Resources Code , to read:
Article 4. Employment Applicant Criminal Background Check
789. For purposes of this article, "applicant" means a person
applying for permanent, full-time employment with the department or
the board.
790. Each applicant shall have his or her fingerprint images and
related information submitted to the department for submission to the
Department of Justice, pursuant to regulations adopted pursuant to
Section 794, for a state and federal level criminal offender record
information search, including subsequent arrest information.
791. Each application for employment shall require the applicant'
s social security number in order to establish the identity of the
applicant. The information obtained as a result of a state and
federal level criminal offender record information search shall be
used in accordance with Section 11105 of the Penal Code, and to
determine whether the applicant is eligible for employment.
792. (a) (1) Prior to hiring an applicant for employment with the
department or the board, the department shall electronically submit
to the Department of Justice fingerprint images and related
information of the applicant that the Department of Justice requires
to determine the existence and content of a record of state or
federal convictions and state or federal arrests, and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the person is free on bail or on his or her own recognizance pending
trial or appeal, as provided pursuant to subdivision (p) of Section
11105 of the Penal Code.
(2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and electronically
disseminate a response to the department, as provided pursuant to
Section 11105 of the Penal Code.
(3) The Department of Justice shall electronically provide the
response to the department.
(b) The department shall request the Department of Justice to
provide subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(c) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
793. A certified EMT-I or EMT-II shall be exempt from the
requirements of this article if he or she meets all of the following
conditions:
(a) He or she is currently certified pursuant to Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(b) His or her fingerprint images were previously submitted to the
Department of Justice and a state and federal level criminal
offender record information search, including subsequent arrest
information, has been conducted.
(c) He or she submits to the department a written verification
that the certifying entity, as defined in Section 1797.62 of the
Health and Safety Code, the Emergency Medical Services Authority, as
described in Section 1797.101 of the Health and Safety Code, or the
employer has had a state and federal level criminal offender record
information search conducted, including subsequent arrest
information, and that nothing in the criminal offender record
information search precluded the individual from obtaining EMT-I or
EMT-II certification.
794. The department shall make and enforce those regulations that
are necessary and proper for the implementation and maintenance of
the requirements of this article.
795. The department shall implement the requirements of this
article utilizing any existing funds that are available to the
department.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The Jurupa Area Recreation and Park District is purchasing 162
acres of land in Riverside County (APN 174-020-001) in the Jurupa
Mountains from a private entity. Escrow for the purchase is scheduled
to close during July 2011.
(b) The Jurupa Area Recreation and Park District intends to
transfer 30 acres of this parcel of land to the state to be managed
by the Department of Toxic Substances Control. This portion of land
is adjacent to two state-owned parcels that are part of the
Stringfellow Acid Pits Contamination Site.
(c) The purpose of this act is to authorize the State Public Works
Board to acquire the 30 acres of land for transfer to the Department
of Toxic Substances Control.
SEC. 2. The State Public Works Board may
acquire from the Jurupa Area Recreation and Park District the 30
acres of land that is a portion of APN 174-020-001 in Riverside
County in the Jurupa Mountains and is adjacent to two state-owned
parcels that are part of the Stringfellow Acid Pits Contamination
Site. The board shall transfer those 30 acres of land to the
Department of Toxic Substances Control.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order for the State Public Works Board to acquire and complete
the transfer of specified lands in Riverside County in the Jurupa
Mountains to the Department of Toxic Substances Control during July
2011, it is necessary that this act take effect immediately.