Bill Text: CA AB956 | 2023-2024 | Regular Session | Chaptered
Bill Title: California State Auditor: background checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-07-21 - Chaptered by Secretary of State - Chapter 94, Statutes of 2023. [AB956 Detail]
Download: California-2023-AB956-Chaptered.html
Assembly Bill
No. 956
CHAPTER 94
An act to add Section 8544.1 to the Government Code, relating to the California State Auditor, and making an appropriation therefor.
[
Approved by
Governor
July 21, 2023.
Filed with
Secretary of State
July 21, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 956, 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 awaiting trial.
This bill would require the California State Auditor to require fingerprint images and related 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 also require any services contract that is entered into, renewed, or amended on or after January 1, 2024, by the State Auditor to contain a provision requiring the contractor and specified individuals to provide fingerprint images and related information if they will have access to such records, documents, information, or items. The bill would require the fingerprint images and related information
to be provided to the Department of Justice for the purpose of performing a state and federal level criminal history background check. The bill would permit the California State Auditor to investigate the individual’s criminal history in order to make a final determination regarding the individual’s 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 Auditor’s Office, this bill would create an appropriation.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill 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) (1) The California State Auditor shall require fingerprint images and related information from a prospective employee whose duties include or would include access to any of the following:(A) 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.
(B) Confidential information gathered during the course
of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)).
(C) Access to cash, checks, or other accountable items.
(2) Any services contract that is entered into, renewed, or amended on or after January 1, 2024, by the State Auditor shall include a provision requiring the contractor to permit the State Auditor to require fingerprint images and related information from the contractor and the contractor’s
employees and subcontractors, whose duties include, or would include, access to the records, documents, information, or items specified in paragraph (1) pursuant to the contract, in order for the State Auditor to request criminal background checks on those individuals pursuant to subdivision (b).
(b) The California State Auditor shall submit to the Department of Justice fingerprint images of a prospective employee or contractor, or a contractor’s employee or subcontractor, that the California State Auditor obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state and federal level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall provide a state or federal response, or both if applicable, to the California State Auditor pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The California State Auditor may investigate the criminal history of the following individuals to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified in paragraph (1) of subdivision (a):
(1) A
prospective employee.
(2) A prospective contractor and the contractor’s employees and subcontractors.
