BILL NUMBER: AB 366	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003

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 amended, 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  , instead,  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   establish the registry as an
ongoing program, and would require the registry to submit fingerprint
information and samples to, and obtain specified clearances from,
the Department of Justice and the Federal Bureau of Investigation for
child care workers who are associated with the registry.
   The bill would require that each registry be provided a permanent
facility number, and would also require that the child care worker be
registered with the registry, and not with an individual child care
facility that temporarily employs the child care worker.  The bill
 would  also  require the registry to maintain all
employee records for a child care worker it employs.  
   The bill would permit the department to limit the program to
specified counties. 
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
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   information and samples to, and to obtain
clearances from, the Department of Justice and the Federal Bureau of
Investigation for child care workers who are associated with the
 registries so that these facilities have available cleared care
staff.   The clearances from the Department of Justice shall
include clearances from its Criminal Index and Identification
(Cal-CII) system and Child Abuse Central Index. 
   (b) The department  may   shall  operate
a substitute child care employee registry  pilot 
program for the purposes of subdivision (a) and may charge
participating  registry facilities an  
registries a reasonable  administrative fee.  The  pilot
program is   program shall be  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   may  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.   about a child care worker shall be verified
by the registry and certified through a certificate issued by the
registry. 
   (4)  A child care worker employed by the substitute
employee registry   The department shall provide each
registry with a permanent facility number.  The child care worker
 shall be registered with the registry, and not with the
individual child care facility that temporarily employs him or her.
The substitute employee registry shall maintain all employee records
for a child care worker employed by the registry.
   (5) The department may limit the  operation of the pilot
 program to the Counties of Alameda, Contra Costa, 
Monterey, San Benito   Los Angeles, Orange, Sacramento
 , San Francisco, San Luis Obispo,  Santa Barbara, Santa
Clara, Santa Cruz, San Mateo, and Ventura.   San Mateo,
and Santa Clara. 
  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.