BILL NUMBER: AB 222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 30, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JULY 8, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Adams
   (Principal coauthor: Senator DeSaulnier)

                        FEBRUARY 4, 2009

   An act to amend Sections 1596.616 and 1596.656 of the Health and
Safety Code, relating to child care,  making an appropriation
therefor,  and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, as amended, Adams. Child care.
   Existing law requires the State Department of Social Services to
establish a trustline registry for trustline providers who meet
prescribed requirements.
   Existing law defines a trustline provider as a person 18 years of
age or older who provides child care, supervision, or any person
providing in-home educational or counseling services to a minor, and
who is not required to be licensed as a child day care provider.
   Existing law, commencing January 1, 2011, provides that a person
who provides care or supervision in an ancillary day care center, as
defined, shall be registered as a trustline provider, and
specifically defines a trustline provider as also meaning a person
who provides child care or child care supervision in an ancillary day
care center, other than the parent or guardian of the child
receiving the care.
   This bill would, instead, require that, commencing January 1,
2011, a person 18 years of age or older who provides child care or
child care supervision in an ancillary day care center, be registered
as a trustline provider. It would specifically provide that nothing
in the trustline provider provisions shall be construed to prevent a
person under 18 years of age from being employed in an ancillary day
care center.
   This bill would specify that a person is ineligible for employment
in a position providing child care or child care supervision in an
ancillary day care center if that person is denied trustline
registration or has his or her trustline registration revoked, as
prescribed. This bill would also permit an employee or prospective
employee in an ancillary day care center to work in a position
providing child care or child care supervision pending the department'
s review of his or her trustline application and any related.
   Existing law authorizes the department to charge a fee to
trustline applicants, as specified.  Under existing law,
moneys collected by the department to implement the trustline
provisions are continuously appropriated to the department without
regard to fiscal year for expenditure to implement the trustline
provisions.  Existing law requires the department to charge
a fee to each trustline applicant who provides care in an ancillary
day care center equal to the total amount required by the department
to process applications and maintain the trustline registry for these
providers. 
   This bill would, instead, require the department, in addition to
the fee charged to trustline applicants, to charge a trustline
applicant who provides child care or child care supervision in an
ancillary day care center the amount of $35, that may be adjusted
annually as prescribed, to cover the department's costs to process
applications and maintain the trustline registry for these providers.
By increasing the amount of money in a continuously appropriated
fund, this bill would make an appropriation.  
   The bill would provide that the fee charged by the department
shall be equal to and shall not exceed the total amount required by
the department to process applications and maintain the trustline
registry. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation:  yes   no  .
Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1596.616 of the  
Health and Safety Code   is amended to read: 
   1596.616.  Notwithstanding Section 1596.61, the department shall
charge a fee to each trustline applicant who provides care in an
ancillary day care center, that is equal to  and does not exceed
 the total amount required by the department to process
applications and maintain the trustline registry for these providers.

  SECTION 1.    Section 1596.616 of the Health and
Safety Code is amended to read:
   1596.616.  The department shall charge each trustline applicant
who provides child care or child care supervision in an ancillary day
care center, in addition to the amount charged pursuant to Section
1596.61, the amount of thirty-five dollars ($35) to cover the
department's costs to process applications and maintain the trustline
registry for these providers. The department may annually adjust the
additional amount assessed under this section pursuant to the
consumer price index, but not to exceed the amount necessary to cover
the department's cost of implementing this chapter for these
providers. 
  SEC. 2.  Section 1596.656 of the Health and Safety Code is amended
to read:
   1596.656.  (a) A person 18 years of age or older, who provides
child care or child care supervision in an ancillary day care center,
as defined in Section 1596.60, shall be registered pursuant to
Sections 1596.603 and 1596.605. Nothing in this chapter shall be
construed to prevent a person under 18 years of age from being
employed in an ancillary day care center.
   (b) Notwithstanding any provision of law to the contrary, if a
person 18 years of age or older is denied trustline registration by
the department pursuant to Section 1596.605 or 1596.607, or if the
department revokes a person's trustline registration pursuant to
Section 1596.608, that person shall be ineligible for employment in a
position providing child care or child care supervision in an
ancillary day care center.
   (c) If an existing employee providing child care or child care
supervision in an ancillary day care center, or a prospective
employee seeking employment in a position that provides child care or
child care supervision in an ancillary day care center, submits an
application to the department to become a registered trustline child
care provider, that existing or prospective employee shall be deemed
to be in compliance with the requirements of this section and
permitted to work in a position providing child care or child care
supervision pending the department's review of his or her trustline
application. The existing or prospective employee shall become
ineligible for employment providing child care or child care
supervision in an ancillary day care center if the department denies
his or her trustline application and any right to appeal the
department's denial has been exhausted or has expired.
   (d) This section shall become operative on January 1, 2011.
  SEC. 3.  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 implement, as soon as possible, the provisions of
Senate Bill No. 702 of the 2009-10 Regular Session of the Legislature
ensuring background checks for ancillary daycare providers, it is
necessary that this act take effect immediately.