BILL NUMBER: AB 366 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2003
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
(department) 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.
This bill would instead authorize the department to adopt the
above regulations in order to permit these registries to submit
fingerprint images and related information to the Department of
Justice, in accordance with prescribed provisions, for child care
workers who are associated with the registries, and would require the
Department of Justice to assess all processing fees associated with
these provisions. It would also require that the responses from the
Department of Justice be provided to the department, and would permit
these responses to include information from specified sources.
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 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 the department
to provide each registry be provided
under the pilot program with 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
Existing law permits the department to limit the pilot
program to specified counties.
This bill would revise the list of counties that may participate
in the pilot program.
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 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. permit these
registries to submit fingerprint images and related information
pursuant to Section 1596.871, to the Department of Justice for child
care workers who are associated with the registries so that these
facilities have available cleared care staff. Notwithstanding
paragraph (3) of subdivision (a) of Section 1596.871, the Department
of Justice shall assess all processing fees associated with this
subdivision. The responses from the Department of Justice shall be
provided to the department and may include information from its
Criminal Index and Identification (Cal-CII) system, the Federal
Bureau of Investigation, or the Child Abuse Central Index.
(b) The department shall operate a substitute child care employee
registry pilot program for the purposes of subdivision (a)
and may charge participating registries a reasonable administrative
fee. The pilot 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 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 about a
child care worker shall be verified by the registry and certified
through a certificate issued by the registry.
(4) 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 pilot program to the
Counties of Alameda, Contra Costa, Los Angeles, Orange,
Sacramento, San Francisco, San Luis Obispo, Orange, San
Francisco, 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.