BILL NUMBER: AB 470	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu
   (Coauthor: Assembly Member Waldron)

                        FEBRUARY 23, 2015

   An act to amend Section 15660 of the Welfare and Institutions
Code, relating to social services, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 470, as introduced, Chu. In-home supportive services:
fingerprinting.
   Existing law requires the Department of Justice to conduct
background checks, as requested, by employers of in-home supportive
services providers. Existing law requires the department to charge a
fee to the employer to cover the costs of administering the
background check program.
   This bill would require the above fees to be placed in the IHSS
Fingerprint Account, which would be established by the bill. The bill
would continuously appropriate those funds to the Department of
Justice for use to offset costs incurred in administering the
background checks and for maintenance and improvement to the systems
from which the information is obtained.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 15660 of the Welfare and Institutions Code is
amended to read:
   15660.  (a) The Department of Justice shall secure  any
  the  criminal record of a person to determine
whether the person has ever been convicted of a violation or
attempted violation of Section 243.4 of the Penal Code, a sex offense
against a minor, or of  any   a  felony
that requires registration pursuant to Section 290 of the Penal Code,
or whether the person has been convicted or incarcerated within the
last 10 years as the result of committing a violation or attempted
violation of Section 273a or 273d, or subdivision (a) or (b) of
Section 368, of the Penal Code, or as the result of committing a
theft, robbery, burglary, or  any   a 
felony, and shall provide a subsequent arrest notification pursuant
to Section 11105.2 of the Penal Code, if both of the following
conditions are met:
   (1)  An employer of the person   The person's
employer  requests the determination and submits  the
person's  fingerprints  of the person  to the
Department of Justice. For purposes of this paragraph, "employer"
includes, but is not limited to, an in-home supportive services
recipient, as defined by Section 12302.2, an aged or disabled adult
who is ineligible for benefits under Chapter 3 (commencing with
Section 12000), who receives care by a person as described in
paragraph (2),  any   a  recipient of
personal care services under the Medi-Cal program pursuant to
Sections 14132.95 to 14132.97, inclusive, and  any 
 a  public authority or nonprofit consortium, as described
in subdivision (a) of Section 12301.6.
   (2) The person is unlicensed and provides nonmedical domestic or
personal care to an aged or disabled adult in the adult's own home.
   (b) (1) If it is found that the person has ever been convicted of
a violation or attempted violation of Section 243.4 of the Penal
Code, a sex offense against a minor, or of  any 
 a  felony  which   that  requires
registration pursuant to Section 290 of the Penal Code, or that the
person has been convicted or incarcerated within the last 10 years as
the result of committing a violation or attempted violation of
Section 273a or 273d, or subdivision (a) or (b) of Section 368, of
the Penal Code, or as the result of committing a theft, robbery,
burglary, or  any   a  felony, the
Department of Justice shall notify the employer of that fact. If no
criminal record information has been recorded, the Department of
Justice shall provide the employer with a statement of that fact.
   (2)  Any   An  employer may deny
employment to  any   a  person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).
   (3) Nothing in this section shall be construed to require 
any   an  employer to hire  any 
 a  person who is the subject of a report under paragraph
(1) when the report indicates that the person has not committed any
of the crimes indicated in paragraph (1).
   (c) (1) Fingerprints shall be on a card provided by the Department
of Justice for the purpose of obtaining a set of fingerprints. The
employer shall submit the fingerprints to the Department of Justice.
Within 30 calendar days of the receipt of the fingerprints, the
Department of Justice shall notify the employer of the criminal
record information, as provided in this subdivision. If no criminal
record information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact as soon as
possible, but not later than 30 calendar days from the date of
receipt of the fingerprints. If new fingerprints are required for
processing, the Department of Justice shall, as soon as possible, but
not later than 30 calendar days from the date of receipt of the
fingerprints, notify the employer that the fingerprints were
illegible.
   (2) Fingerprints may be taken by any local law enforcement officer
or agency for purposes of paragraph (1).
   (3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home supportive
services or personal care  services or  
services,  during his or her annual redetermination, or upon the
recipient's changing providers, that a criminal record check is
available, and that the check can be performed by the Department of
Justice.
   (d) (1) The Department of Justice shall charge a fee to the
employer to cover the costs of administering this section.  All
moneys assessed pursuant to this   subdivision shall be
deposited into the IHSS Fingerprint Account, which is hereby created
in the State Treasury. Notwithstanding Section 13340 of the
Government Code, funds in the IHSS Fingerprint Account shall be
continuously appropriated to the Department of Justice for use to
offset costs incurred pursuant to this section, subdivision (e) of
Section 12301.6, subdivision (a) of Section 12305.86, and for
maintenance and improvement to the systems from which the information
is obtained. 
   (2) (A) If the employer is  an   a recipient
of  in-home supportive  services recipient, as defined
in Section 123202.2,   services,  a recipient of
personal care services under the Medi-Cal program pursuant to
Sections 14132.95 to 14132.97, inclusive, or  any 
 a  public authority or nonprofit consortium as described in
subdivision (a) of Section 12301.6,  payment of  the fee
shall be shared by the county and the state in the same ratio as
described in Section 12306.
   (B) (i) Notwithstanding any other  provision of 
law, and except as provided in clause (ii), the department shall, no
later than January 1, 2009, implement subparagraph (A) through an
all-county letter from the director.
   (ii) No later than July 1, 2009, the department shall adopt
regulations to implement the provisions listed in subparagraph (A).
   (e) It is the intent of the Legislature that the Department of
Justice charge a fee to cover its cost in providing services in
accordance with this section to comply with the 30-calendar-day
requirement for provision to the department of the criminal record
information, as contained in subdivision (c).