CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 956Introduced by Assembly Member AlvarezFebruary 14, 2023 An act to add Section 8544.1 to the Government Code, relating to the California State Auditor, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 956, as introduced, Alvarez. California State Auditor: background checks.Existing law generally requires government agencies and publicly created entities to provide the California State Auditor with specified records, documents, and information when the California State Auditor is conducting an audit of the agency or entity. Existing law prohibits the California State Auditor from releasing to the public certain records, documents, and information it obtains during the audit, such as personal papers and correspondence of a person providing assistance to the California State Auditor who has requested that they be kept confidential, records pertaining to an audit not yet completed, or information deemed confidential pursuant to the California Whistleblower Protection Act.Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, the Department of Justice must disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently waiting trial.This bill would require the California State Auditor to require fingerprint images and associated information from a prospective employee whose duties include or would include access to records, documents, or information, the disclosure of which is restricted by law from release, including by the California Whistleblower Protection Act, or who would have access to cash, checks, or other accountable items. The bill would require the fingerprint images and associated information to be provided to the Department of Justice for the purpose of obtaining information regarding state or federal convictions and state or federal arrests for which the applicant is awaiting trial. The bill would permit the California State Auditor to investigate the applicants criminal history in order to make a final determination regarding the individuals fitness to perform duties that would include access to the records, documents, information, or other items described above.Existing law establishes within the State Treasury the State Audit Fund, which is a continuously appropriated fund for the expenses of the State Auditor.By expanding the duties of the California State Auditors Office, this bill would create an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8544.1 is added to the Government Code, to read:8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 956Introduced by Assembly Member AlvarezFebruary 14, 2023 An act to add Section 8544.1 to the Government Code, relating to the California State Auditor, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 956, as introduced, Alvarez. California State Auditor: background checks.Existing law generally requires government agencies and publicly created entities to provide the California State Auditor with specified records, documents, and information when the California State Auditor is conducting an audit of the agency or entity. Existing law prohibits the California State Auditor from releasing to the public certain records, documents, and information it obtains during the audit, such as personal papers and correspondence of a person providing assistance to the California State Auditor who has requested that they be kept confidential, records pertaining to an audit not yet completed, or information deemed confidential pursuant to the California Whistleblower Protection Act.Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, the Department of Justice must disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently waiting trial.This bill would require the California State Auditor to require fingerprint images and associated information from a prospective employee whose duties include or would include access to records, documents, or information, the disclosure of which is restricted by law from release, including by the California Whistleblower Protection Act, or who would have access to cash, checks, or other accountable items. The bill would require the fingerprint images and associated information to be provided to the Department of Justice for the purpose of obtaining information regarding state or federal convictions and state or federal arrests for which the applicant is awaiting trial. The bill would permit the California State Auditor to investigate the applicants criminal history in order to make a final determination regarding the individuals fitness to perform duties that would include access to the records, documents, information, or other items described above.Existing law establishes within the State Treasury the State Audit Fund, which is a continuously appropriated fund for the expenses of the State Auditor.By expanding the duties of the California State Auditors Office, this bill would create an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 956
Introduced by Assembly Member AlvarezFebruary 14, 2023
Introduced by Assembly Member Alvarez
February 14, 2023
An act to add Section 8544.1 to the Government Code, relating to the California State Auditor, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 956, as introduced, Alvarez. California State Auditor: background checks.
Existing law generally requires government agencies and publicly created entities to provide the California State Auditor with specified records, documents, and information when the California State Auditor is conducting an audit of the agency or entity. Existing law prohibits the California State Auditor from releasing to the public certain records, documents, and information it obtains during the audit, such as personal papers and correspondence of a person providing assistance to the California State Auditor who has requested that they be kept confidential, records pertaining to an audit not yet completed, or information deemed confidential pursuant to the California Whistleblower Protection Act.Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, the Department of Justice must disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently waiting trial.This bill would require the California State Auditor to require fingerprint images and associated information from a prospective employee whose duties include or would include access to records, documents, or information, the disclosure of which is restricted by law from release, including by the California Whistleblower Protection Act, or who would have access to cash, checks, or other accountable items. The bill would require the fingerprint images and associated information to be provided to the Department of Justice for the purpose of obtaining information regarding state or federal convictions and state or federal arrests for which the applicant is awaiting trial. The bill would permit the California State Auditor to investigate the applicants criminal history in order to make a final determination regarding the individuals fitness to perform duties that would include access to the records, documents, information, or other items described above.Existing law establishes within the State Treasury the State Audit Fund, which is a continuously appropriated fund for the expenses of the State Auditor.By expanding the duties of the California State Auditors Office, this bill would create an appropriation.
Existing law generally requires government agencies and publicly created entities to provide the California State Auditor with specified records, documents, and information when the California State Auditor is conducting an audit of the agency or entity. Existing law prohibits the California State Auditor from releasing to the public certain records, documents, and information it obtains during the audit, such as personal papers and correspondence of a person providing assistance to the California State Auditor who has requested that they be kept confidential, records pertaining to an audit not yet completed, or information deemed confidential pursuant to the California Whistleblower Protection Act.
Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, the Department of Justice must disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently waiting trial.
This bill would require the California State Auditor to require fingerprint images and associated information from a prospective employee whose duties include or would include access to records, documents, or information, the disclosure of which is restricted by law from release, including by the California Whistleblower Protection Act, or who would have access to cash, checks, or other accountable items. The bill would require the fingerprint images and associated information to be provided to the Department of Justice for the purpose of obtaining information regarding state or federal convictions and state or federal arrests for which the applicant is awaiting trial. The bill would permit the California State Auditor to investigate the applicants criminal history in order to make a final determination regarding the individuals fitness to perform duties that would include access to the records, documents, information, or other items described above.
Existing law establishes within the State Treasury the State Audit Fund, which is a continuously appropriated fund for the expenses of the State Auditor.
By expanding the duties of the California State Auditors Office, this bill would create an appropriation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8544.1 is added to the Government Code, to read:8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8544.1 is added to the Government Code, to read:8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
SECTION 1. Section 8544.1 is added to the Government Code, to read:
### SECTION 1.
8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).(3) Access to cash, checks, or other accountable items.(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).
8544.1. (a) The California State Auditor shall require fingerprint images and associated information from a prospective employee whose duties include or would include access to any of the following:
(1) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2.
(2) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).
(3) Access to cash, checks, or other accountable items.
(b) The fingerprint images and associated information of a prospective employee of the California State Auditor, whose duties include or would include access to the records, documents, information, or items specified in subdivision (a), shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal convictions and state or federal arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the California State Auditor with information as provided under subdivision (p) of Section 11105 of the Penal Code.
(d) The California State Auditor shall request subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for an individual described in subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) The California State Auditor may investigate the criminal history of an individual applying for employment in order to make a final determination of the individuals fitness to perform duties that would include access to any records, documents, information, or items specified in subdivision (a).