BILL ANALYSIS
AB 222
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 222 (Adams)
As Amended August 31, 2010
2/3 vote. Urgency
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|ASSEMBLY: | |(June 1, 2009) |SENATE: |28-7 |(August 31, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: U. & C.
SUMMARY : Fixes two problems facing ancillary day care centers
due to the passage of new legislation requiring a criminal
records clearance for each employee by January 1, 2011.
The Senate amendments delete the entire contents of the bill,
and instead, make the following clean-up changes to SB 702
(DeSaulnier), Chapter 199, Statutes of 2009, a bill that
requires short-term daycare center (ancillary daycare centers)
employers to ensure that their employees have no criminal
background that would pose a danger to the children under their
supervision:
1)Allow, because one must be an adult to have a criminal records
clearance, persons under 18 years of age to be employees of
ancillary day care centers without being registered for
Trustline.
2)Allow, because all employees of ancillary day care centers are
required to have a criminal records clearance and be
registered in the Trustline program, employees whose clearance
is pending to continue to work until the Department of Social
Services (DSS) denies their Trustline application and any
right to appeal has been exhausted or expired.
3)Set the fee for each Trustline application to equal and not
exceed the total amount required by the DSS to process
applications and maintain the Trustline registry for these
providers.
4)Add an urgency clause allowing this bill to take effect
immediately upon enactment.
AB 222
Page 2
EXISTING LAW , under the Act:
1)Requires each city or county source reduction and recycling
element to include an implementation schedule that shows a
city or county must divert 25% of solid waste from landfill
disposal or transformation by January 1, 1995, through source
reduction, recycling, and composting activities, and must
divert 50% of solid waste on and after January 1, 2000.
2)Defines "gasification" to mean a technology that uses a
noncombustion thermal process to convert solid waste to a
clean burning fuel for the purpose of generating electricity,
and that, at minimum, meets all of the following criteria:
a) Does not use air or oxygen in the conversion process,
except ambient air to maintain temperature control;
b) Produces no discharges of air contaminants or emissions,
including greenhouse gases, as defined in HSC Section
38505(g);
c) Produces no discharges to surface or groundwaters of the
state;
d) Produces no hazardous waste;
e) To the maximum extent feasible, the technology removes
all recyclable materials and marketable green waste
compostable materials from the solid waste stream prior to
the conversion process and the owner or operator of the
facility certifies that those materials will be recycled or
composted;
f) The facility where the technology is used is in
compliance with all applicable laws, regulations, and
ordinances; and,
g) The facility certifies to the board that any local
agency sending solid waste to the facility is in compliance
with this division and has reduced, recycled, or composted
solid waste to the maximum extent feasible, and the board
makes a finding that the local agency has diverted at least
30% of all solid waste through source reduction, recycling,
and composting.
AB 222
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3)Defines "solid waste disposal," "disposal," or "dispose" to
mean the final deposition of solid wastes onto land.
4) Defines" solid waste facility" to include a solid waste
transfer or processing station, a composting facility, a
gasification facility, a transformation facility, and a
disposal facility. For purposes of Part 5 (PRC 45000),
"solid waste facility" additionally includes a solid waste
operation that may be carried out pursuant to an enforcement
agency notification, as provided in regulations adopted by the
board.
5)Defines "transformation" as incineration, pyrolysis,
distillation, or biological conversion other than composting.
"Transformation" does not include composting, gasification, or
biomass conversion.
AS PASSED BY THE ASSEMBLY , this bill allowed:
1)Facilities that convert solid waste into energy or chemicals
to count as a renewable electricity generation facility for
the purpose of California's Renewable Portfolio Standard.
2)Local governments to count solid waste that is converted into
electricity or chemicals toward their recycling diversion
goals.
FISCAL EFFECT : This bill, as amended, has not yet been analyzed
for a fiscal effect.
COMMENTS : Several fitness centers have brought to the author's
attention that as of January 1, 2011, they will no longer be
able to hire teenagers who are not yet adults to work in their
on-site child care centers. These teens make up a large part of
this workforce. The author believes that it was not the intent
of the original legislation - SB 702 of 2009 - to exclude minors
from working in these centers. However, as written the new law
does require a Trustline registration of every employee at an
ancillary day care center, and only adults can register for
Trustline.
AB 222
Page 4
What is the Trustline registry?
There are several kinds of child care arrangements that do not
require a license from DSS. Early in the 1980s, the Legislature
designed a program whereby a parent could determine if a person
in their employ as a child care provider has a criminal record.
Fingerprints and a fee are provided to the state Department of
Justice (DOJ), which in turn runs those prints against the state
crime data base and the state's Child Abuse Central Index
(CACI). The prints are also provided to the Federal Bureau of
Investigation (FBI) which runs them through its national crime
data base. Any rap sheet produced in this process is then
forwarded to DSS, which goes through the records and determines
if the individual in question can be given a clearance for child
care employment. That information (if the person given a
clearance or denied a clearance) is then forwarded to the
California Child Care Resource and Referral Network, which
maintains a registry of persons with a clearance. That registry
is called the Trustline registry. The parent is also notified
if the individual is now registered or if that application was
denied.
Over time, this registry has been used for additional
classifications of child care workers who are not working in
facilities that have a license.
If a person does have a criminal record, there are some crimes
that automatically exclude an applicant from being on the
Trustline registry. If an applicant is guilty of crimes of
lesser seriousness, DSS has the discretion to review an appeal
and grant registration when certain conditions are met.
According to the Resource and Referral Network, fees for a
Trustline application include:
1)$19 for the FBI clearance;|
2)$32 for the DOJ to run prints through its criminal history
system;
3)$15 for DOJ to run prints through the CACI;
4)$43 for DSS and the Resource and Referral Network; and,
5)$15 to $25 to process fingerprints at a LiveScan location
AB 222
Page 5
The cost averages about $125 for the entire process. One
purpose of the registry is to enable a person to remain on the
registry as long as there are no subsequent arrests or
convictions. Clearance information is therefore available to
employers over time.
This bill requires DSS to charge a fee for the cost of
processing a Trustline application and maintaining Trustline.
The fee must equal and not exceed the total amount required by
the DSS to carry this out.
Analysis Prepared by : Frances Chacon / HUM. S. / (916) 319-2089
FN: 0006906