BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2036 (Lopez) - Online child care job posting services:
background check service providers: enforcement
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|Version: June 16, 2016 |Policy Vote: HUMAN S. 4 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 11, 2016 |Consultant: Debra Cooper |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 2036 would require an online child care job posting
service to post a specified statement related to background
checks and a specified statement about a parent's right to
specified complaint information on its Internet Web site. This
bill would also authorize a civil penalty to be imposed and
collected for violations of these requirements.
Fiscal
Impact:
Unknown, but potentially significant cost pressures to the
Department of Justice (DOJ) for bringing an action to impose
AB 2036 (Lopez) Page 1 of
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civil penalties for violations. To the extent that the
Attorney General (AG) brings an action on all violations this
cost would be significant. Costs to DOJ could be lower and
potentially absorbable depending on the distribution of
responsibility for imposing penalties between the AG, city
attorneys, and county counsels. (GF)
Potential revenue from assessing civil penalties for
violations. (GF)
Author
Amendments:
Strikes language requiring the AG, upon receiving a complaint,
to review the online child care job posting service or
background check service provider named in the complaint, to
provide a written notice of the violation, if a violation was
identified, and to impose a fine of $1,000 per violation for
second and subsequent violations.
Authorizes the AG, city attorney, or a county counsel to bring
an action to impose a civil penalty for violations after
providing the online job posting service or background check
service provider with reasonable notice of compliance and
verifying that the violation was not corrected within 30 days.
Requires that civil penalties brought by the AG be deposited
in the General Fund, civil penalties brought by the city
attorney be paid to the treasurer of the respective city, and
civil penalties brought by a county counsel be paid to the
treasurer of the respective county.
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