BILL NUMBER: AB 1979	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2006

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 9, 2006

   An act to  amend Section 1522.03 of   add
Section 1522.06 to  the Health and Safety Code, relating to
community care facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1979, as amended, Bass  Community care facilities: criminal
record information: fees.
   Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care
facilities by the State Department of Social Services.  A
violation of these provisions is a crime. 
   Existing law requires that, before issuing any of specified
documents allowing for the operation or management of a community
care facility, the department or other approving authority secure
from an appropriate law enforcement agency a criminal record with
respect to the applicant  or certain other persons, except as
specified   and specified employees and volunteers who
will have contact with children  . Existing law requires the
submission of the fingerprints of an applicant or other person who is
not otherwise exempted from fingerprinting to the Department of
Justice for the purpose of providing criminal record information, and
requires the Department of Justice to provide notice of the criminal
record information within 14 days of receiving the fingerprints.
Existing law allows the Department of Justice to charge a fee
sufficient to cover the cost of providing these services.  These
requirements also apply to perspective employees and volunteers
subsequent to the commencement of operation by the facility. 

   This bill would prohibit the Department of Justice from charging a
fee for these services to any nonprofit organization that is
approved by the state, or by a city or county, to provide mentoring
services for children in foster care.  
   This bill would, commencing July 1, 2007, specify that candidates
for mentoring foster children shall comply with the criminal
background investigation requirements prior to having unsupervised
contact with the children.  
   By imposing additional requirements upon community care facility
programs, this bill would create a crime, thus imposing a
state-mandated local program.  
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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


   SECTION 1.    Section 1522.06 is added to the 
 Health and Safety Code   , to read:  
   1522.06.  (a) Individuals who are volunteer candidates for
mentoring children in foster care settings, as defined by the
department shall be subject to the criminal background investigation
provisions of Section 1522, and shall comply with those provisions
prior to having unsupervised contact with the children.
   (b) This section shall become operative on July 1, 2007. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 1522.03 of the Health and
Safety Code is amended to read:
   1522.03.  The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section 1522
to comply with the 14-day requirement for provision to the
department of the criminal record information, as contained in
subdivision (c) of Section 1522. However, the Department of Justice
shall not charge a fee for these services to any nonprofit
organization that is approved by the state, or by a city, county, or
city and county, to provide mentoring services for children in foster
care.