BILL NUMBER: SB 702	CHAPTERED
	BILL TEXT

	CHAPTER  199
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN ASSEMBLY  SEPTEMBER 1, 2009
	AMENDED IN ASSEMBLY  JUNE 26, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act to amend, repeal, and add Section 1596.60 of, and to add
Sections 1596.616 and 1596.656 to, the Health and Safety Code,
relating to child day care, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 702, DeSaulnier. Ancillary day care centers: employees:
trustline providers.
   Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of child day care
facilities by the State Department of Social Services. Under existing
law, a violation of any of these provisions is punishable as a
crime.
   Existing law requires the State Department of Social Services to
establish a trustline registry and, upon submission of the trustline
application and fingerprints, to enter into the trustline registry
the provider's name, identification card number, and an indicator
that the provider has submitted an application and fingerprints, who
would be known as a "trustline applicant."
   This bill would, commencing January 1, 2011, define an ancillary
day care center, and provide that a person who provides care or
supervision in an ancillary day care center is a provider for
purposes of the trustline registry provisions.
   The bill would, commencing January 1, 2011, require a person who
provides child care or child care supervision in an ancillary day
care center to register pursuant to these trustline provisions.
   Existing law authorizes the department to charge a fee to
trustline applicants, as specified. Under existing law, moneys
collected by the department to implement the trustline provisions are
continuously appropriated to the department without regard to fiscal
year for expenditure to implement the trustline provisions.
   This bill, notwithstanding the existing fee requirements, would
require the department to charge a fee to each trustline applicant
who provides care in an ancillary day care center, that is equal to
the total amount required by the department to process applications
and maintain the trustline registry for these providers. By
increasing the funds appropriated to the department for purposes of
the trustline registry, and creating a new purpose for their
expenditure, this bill would make an appropriation.
   This bill would provide that no General Fund moneys would be used
for the bill's implementation.
   Appropriation: yes.


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

  SECTION 1.  Section 1596.60 of the Health and Safety Code is
amended to read:
   1596.60.  (a) For the purposes of this chapter, the following
definitions shall apply:
   (1) "Department" means the State Department of Social Services.
   (2) "Director" means the Director of Social Services.
   (3) "Trustline provider," "license exempt child care provider," or
"provider," for the purposes of this chapter means a person 18 years
of age or older who provides child care, supervision, or any person
providing in-home educational or counseling services to a minor, and
who is not required to be licensed pursuant to Section 1596.792.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed.
  SEC. 2.  Section 1596.60 is added to the Health and Safety Code, to
read:
   1596.60.  (a) For the purposes of this chapter, the following
definitions shall apply:
   (1) "Department" means the State Department of Social Services.
   (2) "Director" means the Director of Social Services.
   (3) "Trustline provider," "license exempt child care provider," or
"provider" means a person 18 years of age or older who provides
child care, supervision, or any person providing in-home educational
or counseling services to a minor, and who is not required to be
licensed pursuant to Section 1596.792. "Provider" also means a person
who provides care or childcare supervision in an ancillary day care
center other than the parent or guardian of the child receiving the
care.
   (4) "Ancillary day care center" means a day care center, as
defined in Section 1596.76, that is associated with an athletic club,
grocery store, or other business or group of businesses that is not
required to be licensed pursuant to subdivision (k) of Section
1596.792 that provides a day care center that is ancillary to its
principal business activity and that provides day care services, with
or without a fee, for the children of the clients or customers of
that business or group of businesses while the clients or customers
are engaged in shopping for, or purchasing, goods or services from
that business or group of businesses.
   (b) This section shall become operative on January 1, 2011.
  SEC. 3.  Section 1596.616 is added to the Health and Safety Code,
to read:
   1596.616.  Notwithstanding Section 1596.61, the department shall
charge a fee to each trustline applicant who provides care in an
ancillary day care center, that is equal to the total amount required
by the department to process applications and maintain the trustline
registry for these providers.
  SEC. 4.  Section 1596.656 is added to the Health and Safety Code,
to read:
   1596.656.  (a) A person who provides child care or child care
supervision in an ancillary day care center, as defined in Section
1596.60, shall be registered pursuant to Sections 1596.603 and
1596.605.
   (b) This section shall become operative on January 1, 2011.
  SEC. 5.  No General Fund moneys shall be used to implement this
act.