BILL NUMBER: AB 366	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 14, 2003

   An act to amend Section 1522.02 of the Health and Safety Code,
relating to care facilities, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, as introduced, Mullin.  Child care: substitute employee
registry.
   Existing law authorizes the State Department of Social Services to
adopt regulations to create substitute care facility employee
registries for persons working at more than one facility licensed by
the department, in order to permit these registries to submit
fingerprint cards and child abuse index information for child care
registries.  Existing law additionally authorizes the department to
operate a substitute child care employee registry pilot program for
the above purposes, pursuant to specified criteria, and to charge an
administrative fee to participating registry facilities.
   This bill would specify that a child care worker employed by the
substitute employee registry under the pilot program shall be
registered with the registry, and not with an individual child care
facility that temporarily employs the child care worker.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 1522.02 of the Health and Safety Code is
amended to read:
   1522.02.  (a) The department may adopt regulations to create
substitute employee registries for persons working at more than one
facility licensed pursuant to this chapter, Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.2 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1569.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30), in order to permit these registries to submit
fingerprint cards, and child abuse index information for child care
registries so that these facilities have available cleared care
staff.
   (b) The department may operate a substitute child care employee
registry pilot program for the purposes of subdivision (a) and may
charge participating registry facilities an administrative fee.  The
pilot program is subject to all of the following:
   (1) The pilot program shall be limited to screening employees for
facilities licensed as child care facilities.
   (2) Registries shall not hire any child care worker for employment
at a child care facility who requires an exemption from the criminal
background clearance requirements of law.
   (3) The department shall only guarantee the authenticity of
criminal background and child abuse index information that registries
provide to child care facilities.  Any other information provided by
registries may be verified by child care facility operators.
   (4)  A child care worker employed by the substitute employee
registry shall be registered with the registry, and not with the
individual child care facility that temporarily employs him or her.
   (5)  The department may limit the operation of the pilot
program to the Counties of Alameda, Contra Costa, Monterey, San
Benito, San Francisco, San Luis Obispo, Santa Barbara, Santa Clara,
Santa Cruz, San Mateo, and Ventura.
  SEC. 2.  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 expedite criminal background checks so as to enable
temporary child care employees to fill emergency vacancies in child
care facilities as soon as possible, it is necessary that this act
take effect immediately.