BILL ANALYSIS
AB 366
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ASSEMBLY THIRD READING
AB 366 (Mullin)
As Amended April 22, 2003
2/3 vote. Urgency
HUMAN SERVICES 5-0 APPROPRIATIONS 24-0
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|Ayes:|Wolk, Haynes, Dutra, |Ayes:|Steinberg, Bates, Berg, |
| |Longville, Mullin | |Calderon, Corbett, |
| | | |Correa, Daucher, Diaz, |
| | | |Firebaugh, Goldberg, |
| | | |Haynes, Leno, Maldonado, |
| | | |Nation, Negrete McLeod, |
| | | |Nu?ez, Pacheco, Pavley, |
| | | |Ridley-Thomas, Runner, |
| | | |Samuelian, Simitian, |
| | | |Wiggins, Yee, |
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SUMMARY : Assures continuation of the substitute employee
registry (SER) pilot project, and clarifies that child care
workers employed by SER are to be registered by SER and not
individual child care facilities. Specifically, this bill :
1)Provides that child care workers employed by SER shall be
registered with the registry, not the individual child care
facility temporarily employing him or her.
2)Clarifies that employee records must be maintained at the
central office of SER rather than at the facility.
EXISTING LAW :
1)Authorizes the State Department of Social Services (DSS) to
operate a substitute child care employee registry pilot
program in 11 California counties to permit the registries to
submit fingerprint cards and child abuse index information to
child care providers who need prescreened, qualified employees
on short notice.
2)Authorizes DSS to charge registry providers an offsetting
administrative fee to cover DSS' costs for the program.
FISCAL EFFECT : According to the Assembly Appropriations
AB 366
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Committee Analysis, this bill is no direct General Fund impact.
COMMENTS : SERs were initially authorized by SB 933 (Thompson),
Chapter 311, Statutes of 1998, to permit the child care industry
to employ temporary workers whose criminal and health background
clearances are obtained and job qualifications verified by a
central registry rather than by individual child care centers.
SER screening permits temporary employees to fill in on short
notice when staff absences and other emergencies occur. SB 933
allowed to establish SERs on a pilot basis.
Once cleared, each employee is given a DSS-approved certificate
allowing facilities to hire him or her assured that the
standards have been met. Child care facilities have a pool of
already cleared and immediately available substitute teachers
and workers, and avoid the time and expense of performing the
screenings themselves. No criminal background exemptions are
permitted for SER temporary employees.
The demonstration project covered eleven counties over the past
three years, and it is generally considered by the child care
community to have been a success meriting statewide expansion.
However, the projects were ended by DSS on September 1, 2002,
due to budgetary pressures. Last year's SB 646 (Ortiz), Chapter
669, Statutes of 2002, was enacted to continue the SERs, and
authorized DSS to charge registry providers an offsetting
administrative fee.
To date, lack of funding has prevented the SER project from
being renewed. The Governor's 2003-04 Budget contains $133,000
for the creation of 2.0 new limited term staff to implement last
year's SB 646.
This bill clarifies the practice that registrations of workers
employed by the SER are with the registry rather than the
facility, and that the employee's records are maintained at the
SER's central office.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
FN: 0000669
AB 366
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