BILL NUMBER: AB 2001	CHAPTERED
	BILL TEXT

	CHAPTER   287
	FILED WITH SECRETARY OF STATE   AUGUST 13, 1998
	APPROVED BY GOVERNOR   AUGUST 12, 1998
	PASSED THE ASSEMBLY   AUGUST 3, 1998
	PASSED THE SENATE   JULY 30, 1998
	AMENDED IN SENATE   JULY 1, 1998
	AMENDED IN ASSEMBLY   APRIL 27, 1998
	AMENDED IN ASSEMBLY   APRIL 15, 1998
	AMENDED IN ASSEMBLY   MARCH 25, 1998

INTRODUCED BY   Assembly Member Kuehl
   (Coauthor:  Assembly Member Washington)

                        FEBRUARY 18, 1998

   An act to add Section 1812.5093 to the Civil Code, and to amend
Section 1596.65 of the Health and Safety Code, relating to employment
agencies.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2001, Kuehl.  Employment agencies:  child care providers.
   Existing law generally regulates employment agencies, as defined.
Existing law prohibits a babysitting, domestic, or other employment
agency which procures babysitting or domestic employment for
employers from referring babysitters or domestics without first
personally interviewing the jobseeker and making a reasonable effort
to verify the experience or training of the jobseeker.  Under
existing law, the violation of these provisions is a misdemeanor.
   Existing law authorizes a child care provider, as defined, who
possesses any one of 4 identification cards to initiate a background
examination process by submitting one set of fingerprints and a
completed trustline application to the Department of Justice.
   Existing law prohibits an employment agency from placing a child
care provider with parents or guardians who are not required to be
licensed as a child day care facility, if the child care provider is
not a trustline applicant or registered child care provider.
   This bill would require every employment agency that refers a
child care provider to an employer who is not required to be a
licensed day care facility to provide specified information to these
employers regarding the trustline registry.  It would require written
verification of receipt of that information by an employer.  It also
would provide that an employment agency that makes such a referral
shall not make a placement of a provider who is not a trustline
applicant or a registered child care provider.  A violation of this
latter prohibition would be a misdemeanor.  Since this bill would
establish new crimes, it would impose a state-mandated local program.

  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 1812.5093 is added to the Civil Code,
immediately preceding Section 1812.5095, to read:
   1812.5093.  (a) Every employment agency that refers a child care
provider to an employer who is not required to be a licensed child
day care facility pursuant to Section 1596.792 of the Health and
Safety Code shall provide the employer with all the following:
   (1) A description of the child care provider trustline registry
established pursuant to Chapter 3.35 (commencing with Section
1596.60) of Division 2 of the Health and Safety Code that provides
criminal history checks on child care providers.
   (2) An explanation of how an employer may obtain more information
about the child care provider trustline registry.
   (3) A statement that an employment agency is prohibited by law
from placing a child care provider unless the provider is a trustline
applicant or a registered child care provider.
   (4) An explanation of how the employer may verify the prospective
child care provider's trustline registry registration.
   (b) Receipt of the information required to be provided pursuant to
subdivision (a) shall be verified in writing by the employer.
  SEC. 2.  Section 1596.65 of the Health and Safety Code is amended
to read:
   1596.65.  (a) An employment agency, as defined in Section 1812.501
of the Civil Code, that refers a child care provider to parents or
guardians who are not required to be a licensed child day care
facility shall not make a placement of a child care provider who is
not a trustline applicant or a registered child care provider.
   (b) Any violation of this section is a misdemeanor and shall be
punishable by a fine of one hundred dollars ($100).
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.