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AB-2111 Transportation of hazardous materials.(2001-2002)

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Amended  IN  Assembly  April 09, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2111

Introduced  by  Assembly Member Strickland
 (Coauthor(s): Assembly Member Bates, Bogh, Briggs, Bill Campbell, Cogdill, Cox, Daucher, Dickerson, Harman, Hollingsworth, La Suer, Leach, Leslie, Maddox, Maldonado, Mountjoy, Robert Pacheco, Pescetti, Runner, Wyland, Wyman, Zettel)
 (Coauthor(s): Senator Ackerman)

February 19, 2002

An act to add Section 11105.04 to the Penal Code, relating to transportation of hazardous materials, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2111, as amended, Strickland. Transportation of hazardous materials.
Existing law requires the Department of Justice to provide state summary criminal history information to certain entities, as specified.
This bill would require the Department of Justice to provide specified state summary criminal history information, at the request of a motor carrier, on any applicant for employment that would be transporting hazardous materials. The bill would require the department to inform the requester of any disqualifying convictions, as defined, and authorize the department to expand the list of disqualifying convictions, to include those designated by federal regulations, as defined. The bill would require the applicant to submit his or her fingerprints and other pertinent information to the motor carrier for these purposes. The bill would authorize the department to charge the motor carrier a fee for the service, and allow the requester to seek reimbursement of the fee from the applicant.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11105.04 is added to the Penal Code, to read:

11105.04.
 (a) A motor carrier may request from the Department of Justice state summary criminal history information on any person who applies for employment in which he or she would be transporting hazardous materials. The department shall inform the requester of any disqualifying conviction, without disclosing the nature of the disqualifying conviction, as described in subdivision (b).

(b)Information regarding the following disqualifying convictions shall be furnished as provided in subdivision (a): any violent felony as defined in subdivision (c) of Section 667.5, any serious felony as defined in subdivision (c) of Section 1192.7, and driving under the influence of drugs or alcohol pursuant to Section 23152 or 23153 of the Vehicle Code. The department may designate additional disqualifying convictions, which shall be the same as those required by the Secretary of the Federal Department of Transportation. The adoption of additional qualifications shall not be required to comply with, and shall be exempt from, the requirements of the Administrative Procedure Act.

(c)The department may charge a fee to be paid by the requester. Upon request, the applicant shall reimburse the requester for the fee.

(b) Upon request, the applicant for employment shall submit his or her fingerprints and related information to the motor carrier, for the purpose of the motor carrier obtaining summary criminal history information and subsequent arrest service from the Department of Justice and the Federal Bureau of Investigation.
(c) The motor carrier may submit the fingerprints of any person who is seriously being considered for employment, along with any requested related information, to the Department of Justice, for the purpose of obtaining summary criminal history information from the Department of Justice and the Federal Bureau of Investigation. Fingerprints submitted to the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation. Fingerprints submitted pursuant to this section include fingerprints taken by the use of live scan technology or an electronic fingerprinting system.
(d) The Department of Justice shall expeditiously review the state summary criminal history information in its possession and any criminal history information it obtains from the Federal Bureau of Investigation regarding an applicant, and disseminate to the motor carrier the following information:
(1) Every conviction rendered against the applicant for a violation or attempted violation of any offense specified in Section 15560 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the application or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the application.
(2) Every arrest for a violation or attempted violation of an offense specified in Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(e) The motor carrier may contract with the Department of Justice for subsequent arrest notification.
(f) All criminal history information obtained from the Department of Justice is confidential. Motor carriers shall ensure the following:
(1) No person receiving the summary criminal history information shall disclose its contents other than to discuss the results with the applicant, or to provide copies of the information.
(2) The summary criminal history information shall be stored in a secure place, accessible only to the person responsible for the screening of applicants.
(3) The summary criminal history information shall be destroyed in a secure manner, including, but not limited to, shredding, promptly after the hiring determination is made.
(g) A motor carrier may request summary criminal history information including subsequent arrest service covering existing employees, in its discretion, pursuant to this section.
(h) The Department of Justice may charge a reasonable fee for furnishing state summary criminal history information, as well as a fee that shall not exceed the actual costs incurred in obtaining information from the Federal Bureau of Investigation. Upon request, the applicant shall reimburse the motor carrier for the fees.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure motor carriers are promptly informed of disqualifying convictions in connection with applicants for employment, it is necessary that this act take immediate effect.