BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 702|
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UNFINISHED BUSINESS
Bill No: SB 702
Author: DeSaulnier (D)
Amended: 9/1/09
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 4/28/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 29-4, 5/21/09
AYES: Alquist, Ashburn, Calderon, Cogdill, Corbett, Correa,
Denham, DeSaulnier, Ducheny, Florez, Hancock,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Runner, Simitian, Steinberg,
Strickland, Wiggins, Wolk, Wright, Wyland, Yee
NOES: Aanestad, Benoit, Cox, Dutton
NO VOTE RECORDED: Cedillo, Harman, Maldonado, Oropeza,
Romero, Walters
ASSEMBLY FLOOR : 61-16, 9/9/09 - See last page for vote
SUBJECT : Ancillary day care centers: employees:
trustline providers
SOURCE : Author
DIGEST : This bill requires a business, which provides
temporary day care services for children whose parents are
shopping at their business, to obtain a Trustline clearance
CONTINUED
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for any person that supervises children. This bill allows
a 12-month phase-in period for these businesses to comply
with the new Trustline requirement. This bill defines a
business providing temporary day care as an "ancillary day
care center," as specified. This bill also adds
specificity to current law regarding how much the
Department of Social Services (DSS) can charge for
processing the Trustline applications and maintaining the
registry by specifying that DSS': (1) trustline fee must
include its cost of processing the applications and
maintaining the registry; and, (2) maximum fee cannot
exceed its actual cost of the processing and maintenance
activities.
Assembly Amendments : (1) add a 2011 sunset date, (2) add
definition of providers, (3) make cross reference changes,
(4) requires the department to charge a fee to trustline
applicants, as specified, and (5) specifies that no General
Fun money is to be used to implement these provisions.
ANALYSIS : Existing law, the California Child Day Care
Facilities Act, provides for the licensure and regulation
of child day care facilities by the State Department of
Social Services. Under existing law, a violation of any of
these provisions is punishable as a crime.
Existing law requires the State Department of Social
Services to establish a trustline registry and, upon
submission of the trustline application and fingerprints,
to enter into the trustline registry the provider's name,
identification card number, and an indicator that the
provider has submitted an application and fingerprints, who
would be known as a "trustline applicant."
This bill, commencing January 1, 2011, defines an ancillary
day care center, and provide that a person who provides
care or supervision in an ancillary day care center is a
provider for purposes of the trustline registry provisions.
The bill, commencing January 1, 2011, requires a person who
provides child care or child care supervision in an
ancillary day care center to register pursuant to these
trustline provisions.
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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.
This bill, notwithstanding the existing fee requirements,
requires the department to charge a fee to each trustline
applicant who provides care in an ancillary day care
center, that is equal to the total amount required by the
department to process applications and maintain the
trustline registry for these providers.
This bill provides that no General Fund moneys would be
used for the bill's implementation.
For the purposes of this bill, the following definitions
shall apply:
1."Department" means the State Department of Social
Services.
2."Director" means the Director of Social Services.
3."Trustline provider," "license exempt child care
provider," or "provider" means 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 pursuant to Section 1596.792. "Provider" also
means a person who provides care or childcare supervision
in an ancillary day care center other than the parent or
guardian of the child receiving the care.
4."Ancillary day care center" means a day care center, as
defined, that is associated with an athletic club,
grocery store, or other business or group of businesses
that is not required to be licensed, that provides a day
care center that is ancillary to its principal business
activity and that provides day care services, with or
without a fee, for the children of the clients or
customers of that business or group of businesses while
the clients or customers are engaged in shopping for, or
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purchasing, goods or services from that business or group
of businesses.
Background
There are several kinds of child care arrangements that do
not require a license from DSS. Early in the 1980s, the
Legislature designed a program whereby a parent could
determine if a person in their employ as a child care
provider has a criminal record. Fingerprints and a fee are
provided to the State Department of Justice, which in turn
runs those prints against the state crime data base and the
state's child abuse index. The prints are also provided to
the Federal Bureau of Investigation which runs them through
its national crime data base. Any rap sheet produced in
this process is then forwarded to DSS, which goes through
the records and determines if the individual in question
can be given a clearance for child care employment. That
information (is the person given a clearance or denied a
clearance) is then forwarded to the California Child Care
Resource and Referral Network, which maintains a registry
of persons with a clearance. That registry is called the
trustline registry. The parent is also notified if the
individual is now registered or if that application was
denied.
Over time, this registry has been used for additional
classifications of child care workers who are not working
in facilities that have a license.
If a person does have a criminal record, there are some
crimes that automatically exclude an applicant from being
on the trustline registry. If an applicant is guilty of
crimes of lesser seriousness, DSS has the discretion to
review an appeal and grant registration when certain
conditions are met.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/10/09)
Amador Child Abuse Prevention Council
Child Abuse Prevention Center
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Child Abuse Prevention Council of Contra Costa County
Child Abuse Prevention Council of San Joaquin County
California Childcare Resource and Referral Network
ARGUMENTS IN SUPPORT : According to the author's office,
the goal of this legislation is to ensure the safety of
children that are placed in short-term ancillary child care
facilities. An ancillary facility is provided by a
business, is secondary to the principal business activity,
and is provided as a service to its customers while the
customers shop or exercise. This bill comes as a result of
a child in the Senator's district being abused while at a
child care center within a local gym.
The author notes that currently a child can be dropped off
at a health club, "big box" store (such as Ikea or Costco),
or mall and be supervised by employees of that particular
business. Unlike other child care facilities in the state,
these employees do not have to undergo any type of criminal
background check or screening. The author contends that
this lack of oversight places children at greater risk of
abuse.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Tom Berryhill, Blakeslee,
Block, Blumenfield, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Coto, Davis, De La
Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Galgiani, Gilmore, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Conway, Cook,
DeVore, Garrick, Hagman, Harkey, Jeffries, Knight,
Niello, Nielsen, Silva, Smyth, Villines
NO VOTE RECORDED: Duvall, Gaines
CTW:RJG:nl 9/10/09 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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