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AB-2089 Volunteer firefighters: background checks.(2017-2018)

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Date Published: 02/07/2018 09:00 PM
AB2089:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2089


Introduced by Assembly Member Mathis

February 07, 2018


An act to add Sections 13873.5 and 14834 to the Health and Safety Code, relating to fire protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 2089, as introduced, Mathis. Volunteer firefighters: background checks.
The Fire Protection District Law of 1987 provides for the formation and administration of fire protection districts. Under that law, district employees include volunteer firefighters.
Other existing law provides for the organization of fire companies in unincorporated towns by filing a certificate with the Fire and Rescue Operational Area Coordinator in the same county, or other county agency as designated by ordinance of the county board of supervisors. Under existing law, a fire company is staffed by officers and volunteer firefighters. Existing law authorizes counties and cities to regulate the formation and continued existence of fire companies within their jurisdiction.
This bill would amend those provisions to require a county in which a district or fire company provides services to conduct background checks on volunteer firefighters of the district or fire company, and would prohibit a district or fire company from allowing a volunteer firefighter who is determined to be a violent sex offender by such a background check. By imposing new duties on counties, this 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 13873.5 is added to the Health and Safety Code, to read:

13873.5.
 The principal county shall conduct a background check on each volunteer firefighter of the district. The district shall not employ a volunteer firefighter who is determined to be a violent sex offender by a background check pursuant to this section.

SEC. 2.

 Section 14834 is added to the Health and Safety Code, to read:

14834.
 The county in which the fire company provides services shall conduct a background check on each volunteer firefighter of the fire company. The fire company shall not allow as a member a volunteer firefighter who is determined to be a violent sex offender by a background check pursuant to this section.

SEC. 3.

 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.