Bill Text: CA AB1669 | 2009-2010 | Regular Session | Introduced
Bill Title: Department of Forestry and Fire Protection: employment:
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-22 - In committee: Set, first hearing. Failed passage. [AB1669 Detail]
Download: California-2009-AB1669-Introduced.html
BILL NUMBER: AB 1669 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2010
An act to add, repeal, and add Article 4 (commencing with Section
789) of Chapter 2.5 of Division 1 of the Public Resources Code,
relating to forestry and fire protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1669, as introduced, Jeffries. Department of Forestry and Fire
Protection: employment: criminal background checks.
Existing law requires the Department of Forestry and Fire
Protection (CAL-Fire) 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 for a permanent
position as a firefighter with the department or the State Board of
Forestry and Fire Protection, with exceptions, beginning on January
1, 2012. The bill would require the department to conduct the same
criminal offender record information search for applicants of both
permanent and seasonal positions as a firefighter, with exceptions,
beginning on January 1, 2014. The bill would require the Department
of Justice to provide the information electronically, and would
require the department to request the Department of Justice to
provide subsequent arrest notification services. The bill would
require the applicant to pay the fee charged by the Department of
Justice for processing the request, unless otherwise negotiated under
collective bargaining procedures, and would require the department
to refund the fee once that person had been employed for 24 months
cumulatively.
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.
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. 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 employment as a firefighter with the
department or the board.
790. (a) (1) Prior to hiring an applicant for a employment with
the department or the board, the department shall electronically
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice on the applicant
for the purposes of obtaining information as to 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.
791. 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 795, for a state and federal level criminal offender record
information search, including subsequent arrest information.
792. (a) Each applicant shall pay to the department the fee
charged by the Department of Justice to cover the costs of processing
the request for a criminal background check, unless otherwise
negotiated by the collective bargaining unit of the department
firefighters and the department.
(b) An employee who is employed by the department or the board for
24 months, cumulatively, shall be refunded, by the department, the
amount he or she paid for processing costs of the criminal background
check.
793. 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.
794. 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:
(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) The EMT-I or EMT-II 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.
795. The department shall make and enforce those regulations that
are necessary and proper for the implementation and maintenance of
the requirements of this article.
796. This article shall become operative on January 1, 2012, and
shall remain in effect only until January 1, 2014, and as of that
date, is repealed, unless a later enacted statute, that is enacted
before January, 1, 2014, deletes or extends that date.
SEC. 2. 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 or seasonal work as a firefighter with the
department or the board.
790. (a) (1) Prior to hiring an applicant for a employment with
the department or the board, the department shall electronically
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice on the applicant
for the purposes of obtaining information as to 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.
791. 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 796, for a state and federal level criminal offender record
information search, including subsequent arrest information.
792. (a) Each applicant shall pay to the department the fee
charged by the Department of Justice to cover the costs of processing
the request for a criminal background check, unless otherwise
negotiated by the collective bargaining unit of the department
firefighters and the department.
(b) An employee who is employed by the department or the board for
24 months, cumulatively, shall be refunded, by the department, the
amount he or she paid for processing costs of the criminal background
check.
793. 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.
794. An applicant for seasonal employment shall not be required
to submit his or her fingerprint images or pay the fee, upon a
determination by the department that the applicant's fingerprint
images have previously been submitted to the Department of Justice
during the seasonal employee's initial hiring or initial rehiring on
or after January 1, 2014, if no more than two years has elapsed from
the date of last employment.
795. 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:
(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) The EMT-I or EMT-II 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.
796. The department shall make and enforce those regulations that
are necessary and proper for the implementation and maintenance of
the requirements of this article.
797. This article shall become operative on January 1, 2014.
