California 2013-2014 Regular Session Status: Passed Assembly

AB 641 — Child care: family child care providers: bargaining representative.

Last action — Died on inactive file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. This bill would authorize family child care providers, as defined, to form, join, and participate in the activities of provider organizations, as defined, and to seek the certification of a provider organization to act as the exclusive representative for family child care providers on matters related to child care subsidy programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. The bill would also establish a Family Child Care Parent Advisory Committee, consisting of 11 members, to advise, and make recommendations to, the Governor and any certified provider organization on certain issues, and would provide for the reimbursement of members of the committee for related travel expenses. The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information. The bill would establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources, in consultation with the Superintendent of Public Instruction and other entities, to meet and confer in good faith with the certified provider organization on all matters within that scope of representation. The bill would require the parties to jointly prepare a memorandum of understanding if agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, that are involved in the administration of child care subsidy programs. The bill would authorize the parties, if, after a reasonable period of time they fail to reach agreement, to agree to submit unresolved issues to the California State Mediation and Conciliation Service for mediation or binding arbitration, and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator or arbitrator from the service to perform mediation or binding arbitration. The bill would authorize a certified provider organization to enter into an agreement with the state regarding deduction of membership dues and fair share fees from subsidy payments made to providers, and would prohibit provider organizations and the state, as defined, from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider for joining or refusing to join a provider organization. The bill would require the State Department of Education to require all resource and referral agencies to provide, without charge, workshops to family child care providers that include, among other things, training on child development and literacy, and to provide copies of curricula, frameworks, and introductory materials related to childhood education endorsed or published by the State Department of Education. The bill would require the State Department of Social Services to consult with a stakeholder group, as specified, regarding ways to ensure the most effective implementation of safety standards for family child care homes.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Senator De León.

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 5. Noes 2.) (August 30).

  5. In committee: Placed on APPR. suspense file.

  6. In committee: Set, first hearing. Hearing canceled at the request of author.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 26). Re-referred to Com. on APPR.

  9. Re-referred to Com. on L. & I.R.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  11. Referred to Com. on RLS.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 25. Page 1794.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 5.) (May 24).

  16. In committee: Set, first hearing. Referred to APPR. suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 10). Re-referred to Com. on APPR.

  18. Re-referred to Com. on L. & E.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  20. Referred to Com. on L. & E.

  21. From printer. May be heard in committee March 23.

  22. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Bradford · Cosponsor
  • Rendon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

  • Rendon

Co-sponsors (2)

  • Ammiano
  • Bradford

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Walters — Nay
De León — Yea
Hill — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 641 RENDON Assembly Third Reading

Passed 51 Yea · 25 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 452003
Democratic 6100
Republican 0400
Total 512503
% of votes cast 65%32%0%4%
How each member voted (79)
Member Party Vote
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Buchanan — Yea
Harkey — Nay
Holden — Not Voting
Maienschein — Nay
Mansoor — Nay
Mullin — Yea
Rendon — Yea
Wagner — Nay
Williams — Yea
Fox — Yea
Gomez — Yea
Hall — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Eggman — Yea
Medina — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Wieckowski — Yea
Bocanegra — Yea
Gonzalez — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Levine — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Cooley — Yea
Dickinson — Yea
Perea — Yea
Ting — Yea
Weber — Yea
Bradford — Yea
Brown — Yea
Chávez — Nay
Conway — Nay
Donnelly — Nay
Gorell — Nay
Linder — Nay
Logue — Nay
Melendez — Nay
Morrell — Nay
Nestande — Nay
Olsen — Nay
Waldron — Nay
Wilk — Nay
Achadjian — Nay
Bigelow — Nay
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gordon — Not Voting
Hagman — Nay
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Pan — Yea
Weber — Yea
Campos — Yea
Hall — Yea
Bocanegra — Yea
Bradford — Yea
Eggman — Yea
Quirk — Yea
Harkey — Nay
Bigelow — Nay
Linder — Nay
Wagner — Nay
Donnelly — Nay
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

labor education
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Frequently asked questions

What does AB 641 do?
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. This bill would authorize family child care providers, as defined, to form, join, and participate in the activities of provider organizations, as defined, and to seek the certification of a provider organization to act as the exclusive representative for family child care providers on matters related to child care subsidy programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. The bill would also establish a Family Child Care Parent Advisory Committee, consisting of 11 members, to advise, and make recommendations to, the Governor and any certified provider organization on certain issues, and would provide for the reimbursement of members of the committee for related travel expenses. The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information. The bill would establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources, in consultation with the Superintendent of Public Instruction and other entities, to meet and confer in good faith with the certified provider organization on all matters within that scope of representation. The bill would require the parties to jointly prepare a memorandum of understanding if agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, that are involved in the administration of child care subsidy programs. The bill would authorize the parties, if, after a reasonable period of time they fail to reach agreement, to agree to submit unresolved issues to the California State Mediation and Conciliation Service for mediation or binding arbitration, and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator or arbitrator from the service to perform mediation or binding arbitration. The bill would authorize a certified provider organization to enter into an agreement with the state regarding deduction of membership dues and fair share fees from subsidy payments made to providers, and would prohibit provider organizations and the state, as defined, from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider for joining or refusing to join a provider organization. The bill would require the State Department of Education to require all resource and referral agencies to provide, without charge, workshops to family child care providers that include, among other things, training on child development and literacy, and to provide copies of curricula, frameworks, and introductory materials related to childhood education endorsed or published by the State Department of Education. The bill would require the State Department of Social Services to consult with a stakeholder group, as specified, regarding ways to ensure the most effective implementation of safety standards for family child care homes.
Who sponsors AB 641?
AB 641 is sponsored by Ammiano, Bradford, and Rendon.
What is the current status of AB 641?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 641?
Track AB 641 free on One Click Politics — get push/email alerts when it moves.

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