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AB-1587 California Horse Racing Board: public records: criminal offender record information.(2021-2022)

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Date Published: 09/08/2021 04:00 AM
AB1587:v97#DOCUMENT

Enrolled  September 07, 2021
Passed  IN  Senate  September 01, 2021
Passed  IN  Assembly  September 02, 2021
Amended  IN  Senate  August 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1587


Introduced by Committee on Governmental Organization (Assembly Members Frazier (Chair), Bigelow (Vice Chair), Aguiar-Curry, Berman, Bryan, Cooley, Cooper, Daly, Davies, Gallagher, Eduardo Garcia, Gipson, Jones-Sawyer, Lackey, Low, Mathis, Quirk-Silva, Ramos, Robert Rivas, Blanca Rubio, Salas, and Smith)

March 17, 2021


An act to amend Section 19431 of, and to add Section 19448 to, the Business and Professions Code, relating to horse racing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1587, Committee on Governmental Organization. California Horse Racing Board: public records: criminal offender record information.
The Horse Racing Law establishes the California Horse Racing Board, and requires the board, among other things, to maintain a general office for the transaction of its business in Sacramento and to maintain a public record of every vote at the board’s general office.
This bill would require the board to post the record of its vote on its internet website.
The Horse Racing Law vests the board with all powers necessary and proper to enable it to carry out the Horse Racing Law, and makes the board responsible for, among other things, licensing of each racing association and all persons, other than the public at large, who participate in a horse racing meeting with parimutuel wagering. Licenses granted under the Horse Racing Law are subject to all rules, regulations, and conditions prescribed by the board. Under regulations adopted by the board, the board may refuse to issue a license or may deny a license to any person on various grounds, including if the person has been convicted of specified crimes. The Horse Racing Law also authorizes the board to appoint employees as necessary to carry out the Horse Racing Law.
This bill would authorize the board to require fingerprint images and associated information from current or prospective employees, current or prospective contractors, and current or prospective licensees.
The bill would authorize those fingerprint images and associated information to 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-level convictions and arrests, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19431 of the Business and Professions Code is amended to read:

19431.
 (a) The board shall establish and maintain a general office for the transaction of its business in Sacramento. The board may establish any branch office for the transaction of its business at a place to be determined by it, and may hold meetings at any other place within the state when the interests of the public may be better served.
(b) A public record of every vote shall be maintained at the board’s general office and posted on the board’s internet website.
(c) At least four members of the board shall concur in the taking of any official action or in the exercise of any of the board’s duties, powers, or functions.

SEC. 2.

 Section 19448 is added to the Business and Professions Code, to read:

19448.
 (a) The board may require fingerprint images and associated information from current or prospective employees, current or prospective contractors, and current or prospective licensees.
(b) The fingerprint images and associated information of those individuals identified in subdivision (a) may 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 level convictions and state- or federal-level 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-level 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 board with information as provided under subdivision (p) of Section 11105 of the Penal Code.
(d) The board shall request subsequent arrest notification from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(e) The board’s chief of licensing and enforcement may investigate the criminal history of current or prospective employees, current or prospective contractors, and current or prospective licensees in order to make a final determination of a person’s fitness to perform duties or hold a board-issued license.