VETO AB 978!

Dear PACE Member, 

As is usual for this time of year, the legislature is known for "high-jacking" existing bills, changing the original language of the bill ("gut and amend") and then slipping the bill through without the normal democratic process of hearings and public comment.

In the past week, just such a bill has been forthcoming, AB 978 (Benoit), which would do the following:

• Makes findings and declarations about the effectiveness of collection of civil penalties as a means to ensure compliance with state laws protecting the health and safety of vulnerable populations in licensed community care facilities, and the Legislature's intention to ensure the overall program integrity in the operation of licensed facilities.
• Defines serious licensing violations for which the CDSS would be requried to levy an immediate $150 per day civil penalty, such as fire clearance, absence of supervision, accessible bodies of water, accessible firearms or ammunition, refused entry into a facility, and presence of an excluded person on the premises. No penalty shall be assessed until an appeal is decided, or 60 days have passed from the date of the citation, whichever is earlier.
• Requires funds received from civil penalites be deposited in the Child Health and Safety Fund to be expended for the health and safety of individuals cared for by licensees and for the technical assistance, orientation, training and education of licensed child care providers.
• Requires the department to include in its licensing report on child care facilities all violations that pose immediate risk to the health, safety or personal rights of children in care.
• Imposes additional inspection requirements upon child day care facilities, including day care centers and family day care homes, and would require the department to ensure that a licensee's plan of correction is verifiable and measurable.
• Requires unannounced, follow-up visits within 30 days after the effective day of a license suspension, revocation, or order of immediate exclusion from the facility, to ensure compliance iwth temporary suspension orders, revocation orders and orders of exclusion.
• Requires Community Care Licensing to place a note of final conclusion in the facility's file after its investigation is completed.
• Clarifies that family child care homes are also subject to civil penalties. FCCH penalties shall be pursuant to conditions and specified standards and in amounts consistent with those imposed upon child day care centers and other community care facilities.

This is a subject matter that has high legislative interest by both parties. you will recall that the Legislature even favors the postiong of licensing violations on the internet in order to inform parents. The only thing delaying that is implementation costs.

This bill will very likely be signed by the Governor. Because it carries an urgency clause, the new law will become effective the day it is signed.

PACE OPPOSES this bill and has written the Governor to ask for his VETO of this "gut and amend" 11th hour back-door approach to legislation. PACE OPPOSES AB 978 because:

1. It does not conform to the democratic protocols for public hearing and debate.
2. DSS is understaffed and appeals usually go beyond the 60-day criteria called for in the bill

This bill deserves greater research, debate and full understanding of the potential unintended consequences before it lands on the Governor's desk. PACE supports a full airing of this bill for the next legislative session where democratic debate might take place.

Therefore, PACE is asking you to write the Governor today and ask for his VETO of AB 978. Please email the Governor at http://gov.ca.gov/interact or fax (916) 558-3160. Please see the links below for three sample letters you might also use if you so desire.

Thank you for your immediate action on this issue

Sincerely,

Pat Wilka
PACE President  

Sample Letter 1
Sample Letter 2
Sample Letter 3