Leginfo

Bill

Home - Bills - Bill - Authors - Dates - Keywords - Tags - Locations

Measure

AB 922

Authors

Hoover

Subject

University of California: employees, volunteers, and contractors: background checks.

Relating To

relating to the University of California.

Title

An act to add Section 92612.3 to the Education Code, relating to the University of California.

Last Action Dt

2025-07-09

State

Amended Senate

Status

In Committee Process

Active?

Vote Required

Majority

Appropriation

Fiscal Committee

Yes

Local Program

Substantive Changes

None

Urgency

Tax Levy

Leginfo Link

Bill

Actions

2025-08-29		In committee: Held under submission.
2025-08-18		In committee: Referred to suspense file.
2025-07-09		Read second time and amended. Re-referred to Com. on APPR.
2025-07-08		From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (July 8).
2025-06-18		From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 0.) (June 18). Re-referred to Com. on PUB. S.
2025-06-04		Referred to Coms. on ED. and PUB. S.
2025-05-23		In Senate. Read first time. To Com. on RLS. for assignment.
2025-05-23		Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1654.)
2025-05-19		Read third time and amended. Ordered to third reading.
2025-05-15		Read second time. Ordered to third reading.
2025-05-14		From committee: Do pass. (Ayes 15. Noes 0.) (May 14).
2025-05-05		Re-referred to Com. on APPR.
2025-05-01		Read second time and amended.
2025-04-30		From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 29).
2025-04-09		From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 10. Noes 0.) (April 8). Re-referred to Com. on PUB. S.
2025-03-10		Referred to Coms. on HIGHER ED. and PUB. S.
2025-02-20		From printer. May be heard in committee March 22.
2025-02-19		Read first time. To print.

Keywords

Tags

Versions

Amended Senate		2025-07-09
Amended Assembly		2025-05-19
Amended Assembly		2025-05-01
Introduced		2025-02-19

Last Version Text

<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
	


	<ns0:Description>
		<ns0:Id>20250AB__092296AMD</ns0:Id>
		<ns0:VersionNum>96</ns0:VersionNum>
		<ns0:History>
			<ns0:Action>
				<ns0:ActionText>INTRODUCED</ns0:ActionText>
				<ns0:ActionDate>2025-02-19</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-05-01</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-05-19</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-07-09</ns0:ActionDate>
			</ns0:Action>
		</ns0:History>
		<ns0:LegislativeInfo>
			<ns0:SessionYear>2025</ns0:SessionYear>
			<ns0:SessionNum>0</ns0:SessionNum>
			<ns0:MeasureType>AB</ns0:MeasureType>
			<ns0:MeasureNum>922</ns0:MeasureNum>
			<ns0:MeasureState>AMD</ns0:MeasureState>
		</ns0:LegislativeInfo>
		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Hoover</ns0:AuthorText>
		<ns0:Authors>
			<ns0:Legislator>
				<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Hoover</ns0:Name>
			</ns0:Legislator>
		</ns0:Authors>
		<ns0:Title> An act to add Section 92612.3 to the Education Code, relating to the University of California. </ns0:Title>
		<ns0:RelatingClause>the University of California</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>University of California: employees, volunteers, and contractors: background checks.</ns0:Subject>
		</ns0:GeneralSubject>
		<ns0:DigestText>
			<html:p>
				(1)
				<html:span class="EnSpace"/>
				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, existing law requires the Department of Justice to disseminate specified information in response to
			 the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.
			</html:p>
			<html:p>The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.</html:p>
			<html:p>This bill would expressly authorize the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers.</html:p>
			<html:p>
				(2)
				<html:span class="EnSpace"/>
				Existing
			 law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
			</html:p>
			<html:p>This bill would require the University of California to immediately notify the Department of Justice to terminate the notification for an individual who is no longer in a position that permits such notification. The bill would require the University of California to verify, at least every 6 months, that each individual whose notification has not been terminated remains in a position with the University of California. The bill would require the University of
			 California to immediately inform the Department of Justice if it receives an arrest notification for an unknown individual or for an individual whose notification requests have been terminated.</html:p>
		</ns0:DigestText>
		<ns0:DigestKey>
			<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
			<ns0:Appropriation>NO</ns0:Appropriation>
			<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
			<ns0:LocalProgram>NO</ns0:LocalProgram>
		</ns0:DigestKey>
		<ns0:MeasureIndicators>
			<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
			<ns0:ImmediateEffectFlags>
				<ns0:Urgency>NO</ns0:Urgency>
				<ns0:TaxLevy>NO</ns0:TaxLevy>
				<ns0:Election>NO</ns0:Election>
				<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
				<ns0:BudgetBill>NO</ns0:BudgetBill>
				<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
			</ns0:ImmediateEffectFlags>
		</ns0:MeasureIndicators>
	</ns0:Description>
	<ns0:Bill id="bill">
		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
		<ns0:BillSection id="id_BC239727-4298-49A1-A348-974DA41DCC16">
			<ns0:Num>SECTION 1.</ns0:Num>
			<ns0:Content>
				<html:p>The Legislature finds and declares all of the following:</html:p>
				<html:p>
					(a)
					<html:span class="EnSpace"/>
					The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.
				</html:p>
				<html:p>
					(b)
					<html:span class="EnSpace"/>
					The University of California is committed to providing a safe and secure environment for the university
				community, protecting its property and assets, and upholding the reputation and integrity of the University of California.
				</html:p>
				<html:p>
					(c)
					<html:span class="EnSpace"/>
					To support these efforts and to minimize the risk to the University of California, a criminal background check is required for positions that the University of California has determined to be Critical Positions after the candidate has received a conditional offer of employment. The University of California uses information received from criminal background checks only to determine eligibility for employment.
				</html:p>
				<html:p>
					(d)
					<html:span class="EnSpace"/>
					This act does not change the
				University of California’s existing background check policies and practices. The United States Department of Justice approved its last extension of the grace period of the State Employee applicant type that the University of California is qualified to use for criminal background checks, which will no longer be available after January 1, 2027. Therefore, to enable the University of California to continue receiving criminal conviction history from the United States Department of Justice, there must be express statutory authorization to do so.
				</html:p>
				<html:p>
					(e)
					<html:span class="EnSpace"/>
					This act authorizes the University of California to continue current practices requiring criminal background checks for University of California-determined Critical Positions, as defined in its Personnel Policies for Staff Members, to be completed by the United States Department of Justice during
				the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. The University of California defines Critical Positions as staff positions that have sensitive administrative, programmatic, or managerial duties and responsibilities that could potentially cause human, financial, or property loss, or other significant risk to the University of California.
				</html:p>
			</ns0:Content>
		</ns0:BillSection>
		<ns0:BillSection id="id_37A1D933-DD1D-4B12-B10E-A7D8342BB0AC">
			<ns0:Num>SEC. 2.</ns0:Num>
			<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'92612.3'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 92612.3 is added to the 
				<ns0:DocName>Education Code</ns0:DocName>
				, 
				<ns0:Positioning>immediately following Section 92612.2</ns0:Positioning>
				, to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_455A9EBF-ABF9-44BB-9533-35F70EAB394A">
					<ns0:Num>92612.3.</ns0:Num>
					<ns0:LawSectionVersion id="id_029A7A8C-9C58-47C2-A5E7-3DA38D680F11">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								The University of California may require background checks, to be completed by the Department of Justice pursuant to subdivision (b), during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								The University of California shall submit to the Department of Justice fingerprint images of a prospective
						staff employee, contractor, or volunteer, that the University of California 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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The Department of Justice shall provide a state or federal response, or both if applicable, to the University of California pursuant to subdivision (p) of Section 11105 of the Penal Code.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								When the University of California knows that the individual for whom the notification service is requested is no longer in a position for which it is permitted, the University of
						California shall notify the Department of Justice immediately to terminate the notification for that individual. The department shall terminate notification for the individual upon receipt.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The University of California shall, not less than every six months, verify that each individual for whom the notification has not been terminated, is still in a position with the University of California.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If the University of California receives subsequent arrest notification for an individual unknown to it, or for whom the University of California terminated the service, the University of California shall immediately inform the department that the individual is unknown to
						it or that the University of California terminated the notification requests for that individual.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								This section does not authorize hiring practices that are inconsistent with the requirements of Section 12952 of the Government Code.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
	</ns0:Bill>
</ns0:MeasureDoc>

Last Version Text Digest

(1) 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, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds. This bill would expressly authorize the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. (2) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. This bill would require the University of California to immediately notify the Department of Justice to terminate the notification for an individual who is no longer in a position that permits such notification. The bill would require the University of California to verify, at least every 6 months, that each individual whose notification has not been terminated remains in a position with the University of California. The bill would require the University of California to immediately inform the Department of Justice if it receives an arrest notification for an unknown individual or for an individual whose notification requests have been terminated.