BILL NUMBER: AB 366 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2003
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.
The bill would require the department to provide each registry
under the pilot program with a facility number, and would 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.
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 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 pursuant to subparagraph (A)
of paragraph (6) of subdivision (b) of Section 11170 of the Penal
Code .
(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 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, Orange, Sacramento, 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.