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AB-1241 Contracts between public agencies and private entities for hiring and training individuals: electronic databases.(2019-2020)

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Date Published: 02/22/2019 04:00 AM
AB1241:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1241


Introduced by Assembly Member Quirk-Silva

February 21, 2019


An act to add Section 1798.695 to the Civil Code, relating to personal information.


LEGISLATIVE COUNSEL'S DIGEST


AB 1241, as introduced, Quirk-Silva. Contracts between public agencies and private entities for hiring and training individuals: electronic databases.
Existing law, the Information Practices Act of 1977, requires an agency to maintain in its records only personal information that is relevant and necessary for a required or authorized purpose, and requires an agency to maintain and disclose personal information in accordance with specified conditions and limitations to ensure the security and confidentiality of the personal information.
This bill would require an agency, as defined, that contracts with a person or private entity that owns or licenses an electronic database that contains the personal information of individuals for the purpose of hiring and training specified individuals, to do so only if the contract requires the person or private entity to comply with the requirements for disclosure and maintenance of personal information that are applicable to an agency pursuant to the act. By imposing additional requirements on local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1798.695 is added to the Civil Code, immediately following Section 1798.69, to read:

1798.695.
 (a) Notwithstanding any other law, an agency may contract with a person or private entity that owns or licenses an electronic database that contains the personal information of individuals for the purpose of hiring and training individuals, only if both of the following conditions are satisfied:
(1) The contract requires the person or private entity to comply with the requirements for disclosure and maintenance of personal information that are applicable to an agency, as defined in Section 1798.3, pursuant to this title.
(2) The individuals to be hired or trained satisfy any of the following requirements:
(A) The individuals are homeless, formerly incarcerated, or veterans of any branch of the United States Armed Services.
(B) The individuals reside within a zip code where over 25 percent of the population are at or below the federal poverty level.
(C) The individuals have a physical or mental disability.
(b) For purposes of this section and except as specified, the following definitions apply:
(1) “Agency” is as defined in Section 1798.3 except that “agency” also includes local agencies.
(2) “Federal poverty level” means the most recent federal poverty line issued in the Federal Register by the United States Department of Health and Human Services under authority of subsection (2) of Section 9902 of Title 42 of the United States Code.
(3) “United States Armed Services” means the National Guard, the Coast Guard, the Marines, the Navy, the Army, and the Air Force.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.