Bill Text: CA AB2036 | 2015-2016 | Regular Session | Chaptered
Bill Title: Online child care job posting services: background check service providers: enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 497, Statutes of 2016. [AB2036 Detail]
Download: California-2015-AB2036-Chaptered.html
BILL NUMBER: AB 2036 CHAPTERED
BILL TEXT
CHAPTER 497
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2016
APPROVED BY GOVERNOR SEPTEMBER 23, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
INTRODUCED BY Assembly Member Lopez
(Coauthor: Assembly Member Cristina Garcia)
FEBRUARY 16, 2016
An act to add Chapter 2.3 (commencing with Section 18890) to
Division 8 of the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
AB 2036, Lopez. Online child care job posting services: background
check service providers: enforcement.
Existing law prohibits a person, firm, partnership, association,
or corporation from operating, establishing, managing, conducting, or
maintaining a child day care facility without a current valid
license.
Existing law requires the Community Care Licensing Division of the
State Department of Social Services to regulate child care
licensees. Existing law requires the department to establish a
registry of child care providers who are not required to be licensed,
but who have undergone criminal background checks. These
license-exempt providers are known as registered trustline child care
providers. Existing law also requires a licensed child day care
facility to make available to the public licensing reports and other
licensing documents that pertain to a facility visit or a
substantiated complaint investigation, among other licensing issues.
Existing law establishes in the State Treasury the Child Health
and Safety Fund. Existing law authorizes the department to allocate
these funds, upon appropriation by the Legislature, for purposes that
include, among other things, technical assistance, orientation,
training, and education of child day care facility providers.
This bill would require an online child care job posting service
providing online information about nonlicensed potential child care
providers to include a specified statement regarding the trustline
registry on its Internet Web site in California. The bill would also
require an online child care job posting service providing online
information about licensed potential child care providers to include
a statement regarding a parent's right to specified complaint
information on its Internet Web site in California. If an online
child care job posting service provides access to a background check,
the bill would require the service to include, on its Internet Web
site in California, a written description of the background check
provided by the background check service provider. The bill would
make a background check service provider responsible for providing
the online child care job posting service with certain information.
The bill would authorize an online child care job posting service or
background check service provider to be liable for a civil penalty
for failing to comply with these requirements and would authorize the
Attorney General, a city attorney, or a county counsel to bring such
an action if certain requirements are met. The bill would also
authorize an individual damaged by willful violation of these
provisions to bring a civil cause of action for damages, as provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.3 (commencing with Section 18890) is added to
Division 8 of the Business and Professions Code, to read:
CHAPTER 2.3. ONLINE CHILD CARE JOB POSTING SERVICES
18890. For the purposes of this chapter, the following
definitions apply:
(a) "Online child care job posting service" means any person or
business that provides or offers to provide child care providers.
(b) "Background check service provider" means any person or
business that provides or offers to provide background check
services.
18890.2. (a) (1) An online child care job posting service that
provides online information about potential child care providers who
are not required to be licensed in California shall include the
following statement on its Internet Web site in California, which
shall be accessible no more than one click away from the providers'
profile:
"Trustline is California's official background check for
license-exempt child care providers (i.e. babysitters and nannies)
and the only authorized screening program in California with access
to fingerprint records at the California Department of Justice and
the Federal Bureau of Investigation and access to the California
Child Abuse Central Index. The Trustline registry toll-free telephone
number is 1-800-822-8490."
(2) An online child care job posting service that provides online
information in California about potential child care providers who
are required to be licensed in California shall include the following
statement on its Internet Web site in California, which shall be
accessible no more than one click away from the providers' profile:
"Pursuant to Section 1596.859 of the Health and Safety Code,
parents have the right to receive information regarding any
substantiated or inconclusive complaint about licensed child care
providers. That information is public and can be acquired by visiting
the California Department of Social Services' Internet Web site at
"www.ccld.ca.gov.""
(b) If the online child care job posting service provides access
to a background check for the child care providers listed on its
Internet Web site in California, it shall provide, by means of a
one-click link on each California child care provider profile for
which background checks are offered, the written description of the
background check provided to it, as described in subdivision (c).
(c) Background check service providers that provide background
checks for online child care job posting services in California shall
provide to the online child care job posting services a written
description of the background checks conducted that includes at a
minimum:
(1) A detailed description of what is included in the background
check.
(2) A chart that lists each county in California and the databases
that are checked for each county, including the following
information for each database, as applicable:
(A) The source of the data, the name of the database used, and a
brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data
included.
(C) How often the information is updated.
(D) How the databases are checked (by name, social security
number, fingerprints, etc.).
(E) A list of the counties for which no data is available.
18890.4. (a) An online child care job posting service or
background check service provider that fails to comply with the
requirements of this chapter may be liable for a civil penalty of one
thousand dollars ($1,000) for each offense. The Attorney General, a
city attorney, or a county counsel may bring an action to impose a
civil penalty pursuant to this section after doing both of the
following:
(1) Providing the online job posting service or background check
service provider with reasonable notice of noncompliance. The notice
shall inform the online job posting service or background check
service provider that it will be subject to a civil penalty if it
does not correct the violation within 30 days from the date the
notice is sent to the online job posting service or background check
service provider.
(2) Verifying that the violation was not corrected within the
30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if
the action is brought by the Attorney General. If the action is
brought by a city attorney, the civil penalty shall be paid to the
treasurer of the city in which the judgment is entered. If the action
is brought by a county counsel, the civil penalty shall be paid to
the treasurer of the county in which the judgment is entered.
18890.6. (a) In addition to the authority granted to the Attorney
General, a city attorney, or a county counsel in Section 18890.4, an
individual damaged by a willful violation of the provisions of this
chapter may bring a civil cause of action against an online child
care job posting service or background check service provider for
damages, including, but not limited to, general damages, special
damages, and punitive damages.
(b) The court in an action pursuant to this section may award
equitable relief, including, but not limited to, an injunction,
costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in
addition to any other rights and remedies provided by law.
