BILL NUMBER: AB 666 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2012
AMENDED IN SENATE FEBRUARY 8, 2012
AMENDED IN ASSEMBLY MARCH 8, 2011
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 17, 2011
An act 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. An act to add Section
21538.5 to the Government Code, relating to special death benefits.
LEGISLATIVE COUNSEL'S DIGEST
AB 666, as amended, Jeffries. Department of Forestry and
Fire Protection: employment: criminal background checks.
Special death benefits: Riverside County.
The Public Employees' Retirement Law (PERL) requires the Public
Employees' Retirement System to be liable for either a basic or
special death benefit upon the death of a member, as specified. Among
other circumstances, PERL authorizes the special death benefit to be
payable when there is a qualifying survivor if the deceased was a
patrol, state peace officer/firefighter, state safety, state
industrial, or local safety member, if his or her death was
industrial.
This bill would authorize the special death benefit to be payable
if the deceased was a Riverside County Sheriff's Department
Correctional Deputy or a Correctional Corporal, if his or her death
occurred as a direct result of injury arising out of and in the
course of his or her official duties with the Riverside County
Sheriff's Department, and if there was a qualifying survivor.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Riverside.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21538.5 is added to the
Government Code , to read:
21538.5. (a) The special death benefit is payable if the deceased
was a Riverside County Sheriff's Department Correctional Deputy or a
Correctional Corporal, if his or her death occurred as a direct
result of injury arising out of and in the course of his or her
official duties with the Riverside County Sheriff's Department, and
if there is a survivor who qualifies under subdivision (a) of Section
21541. The Workers' Compensation Appeals Board, using the same
procedures as in workers' compensation hearings, shall, in disputed
cases, determine whether the death of the member occurred as a result
of that injury.
(b) The jurisdiction of the Workers' Compensation Appeals Board
shall be limited solely to the issue of industrial causation, and
this section may not be construed to authorize the Workers'
Compensation Appeals Board to award costs against this system
pursuant to Section 4600 or 5811 or any other provision of the Labor
Code.
(c) This section shall not become operative unless and until a
memorandum of understanding has been agreed to by the County of
Riverside and the Riverside Sheriffs' Association making this section
applicable to those members described in subdivision (a).
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
County of Riverside with respect to death benefits.
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.