BILL NUMBER: AB 2001 CHAPTERED
BILL TEXT
CHAPTER 287
FILED WITH SECRETARY OF STATE AUGUST 13, 1998
APPROVED BY GOVERNOR AUGUST 12, 1998
PASSED THE ASSEMBLY AUGUST 3, 1998
PASSED THE SENATE JULY 30, 1998
AMENDED IN SENATE JULY 1, 1998
AMENDED IN ASSEMBLY APRIL 27, 1998
AMENDED IN ASSEMBLY APRIL 15, 1998
AMENDED IN ASSEMBLY MARCH 25, 1998
INTRODUCED BY Assembly Member Kuehl
(Coauthor: Assembly Member Washington)

FEBRUARY 18, 1998

An act to add Section 1812.5093 to the Civil Code, and to amend
Section 1596.65 of the Health and Safety Code, relating to employment
agencies.

LEGISLATIVE COUNSEL'S DIGEST

     AB 2001, Kuehl. Employment agencies: child care providers.

     Existing law generally regulates employment agencies, as defined.
Existing law prohibits a babysitting, domestic, or other employment agency which procures babysitting or domestic employment for employers from referring babysitters or domestics without first personally interviewing the jobseeker and making a reasonable effort to verify the experience or training of the jobseeker. Under existing law, the violation of these provisions is a misdemeanor. Existing law authorizes a child care provider, as defined, who possesses any one of 4 identification cards to initiate a background examination process by submitting one set of fingerprints and a completed trustline application to the Department of Justice.

     Existing law prohibits an employment agency from placing a child care provider with parents or guardians who are not required to be licensed as a child day care facility, if the child care provider is not a trustline applicant or registered child care provider.

     This bill would require every employment agency that refers a child care provider to an employer who is not required to be a licensed day care facility to provide specified information to these employers regarding the trustline registry. It would require written verification of receipt of that information by an employer. It also would provide that an employment agency that makes such a referral shall not make a placement of a provider who is not a trustline applicant or a registered child care provider. A violation of this latter prohibition would be a misdemeanor. Since this bill would establish new crimes, it would impose 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.

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

     SECTION 1. Section 1812.5093 is added to the Civil Code, immediately preceding Section 1812.5095, to read:

     1812.5093. (a) Every employment agency that refers a child care provider to an employer who is not required to be a licensed child day care facility pursuant to Section 1596.792 of the Health and Safety Code shall provide the employer with all the following:

     (1) A description of the child care provider trustline registry established pursuant to Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code that provides criminal history checks on child care providers.

     (2) An explanation of how an employer may obtain more information about the child care provider trustline registry.

     (3) A statement that an employment agency is prohibited by law from placing a child care provider unless the provider is a trustline applicant or a registered child care provider.

     (4) An explanation of how the employer may verify the prospective child care provider's trustline registry registration.

     (b) Receipt of the information required to be provided pursuant to subdivision (a) shall be verified in writing by the employer.

     SEC. 2. Section 1596.65 of the Health and Safety Code is amended to read:

     1596.65. (a) An employment agency, as defined in Section 1812.501
of the Civil Code, that refers a child care provider to parents or
guardians who are not required to be a licensed child day care
facility shall not make a placement of a child care provider who is
not a trustline applicant or a registered child care provider.     (b) Any violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).

     SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

     Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.