BILL NUMBER: AB 1669INTRODUCED 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.