California 2017-2018 Regular Session Status: Enacted

SB 90 — Public social services: 1991 Realignment Legislation and IHSS Maintenance of Effort and collective bargaining.

Last action — Chaptered by Secretary of State. Chapter 25, Statutes of 2017.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced January 11, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides for the allocation of funds appropriated from the continuously appropriated Local Revenue Fund for the distribution of sales tax and motor vehicle license fee moneys to local agencies for the administration of various health, mental health, and public social service programs (1991 Realignment funds) . Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires the state and counties to share the annual cost of providing in-home supportive services, with the state paying to the county 65% of the nonfederal cost and each county paying 35% of the nonfederal cost. Notwithstanding that provision, existing law requires all counties to have a County IHSS Maintenance of Effort (MOE) and requires counties to pay the County IHSS MOE instead of paying the nonfederal share of IHSS costs, as specified. Existing law permits services to be provided under the IHSS program through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, any public authority created under the IHSS program is deemed to be the employer of in-home support services personnel within the meaning of the Meyers-Milias-Brown Act, which governs local employer-employee relations. Existing law also provides that any nonprofit consortium contracting with a county is deemed the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law establishes the California In-Home Supportive Services Authority, referred to as the Statewide Authority, and requires the Statewide Authority to be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for any individual provider who is employed by a recipient of supportive services, as specified. Existing law establishes the In-Home Supportive Services Fund within the State Treasury. Existing law requires that moneys in the fund be made available, upon appropriation by the Legislature, to the Statewide Authority for the purposes of funding its functions. Existing law establishes the In-Home Supportive Services Employer-Employee Relations Act, which serves to resolve disputes regarding wages, benefits, and other terms and conditions of employment between the Statewide Authority and recognized employee organizations providing in-home supportive services. Under the act, the Statewide Authority is deemed to be the employer of record, for purposes of collective bargaining, of individual providers of in-home supportive services in each county, as specified. This bill would revise and recast provisions relating to 1991 Realignment Legislation and the County IHSS MOE. Among other things, the bill would eliminate the existing County IHSS MOE and instead implement a new costsharing arrangement between the state and counties, as specified. The bill would establish a statewide total County IHSS MOE base for these purposes, as specified, and establish a process for determining each county's share of that amount. The bill would appropriate moneys from the General Fund to offset a portion of IHSS costs incurred by the counties. The bill would further authorize a portion of those costs to be offset from other related 1991 Realignment funds, as specified. Under certain circumstances, the bill would authorize a county to request loans from the state for purposes of implementation. The bill would require the Department of Finance to implement these provisions, as specified. The bill would make conforming changes to related provisions, including to certain 1991 Realignment fund provisions in the Revenue and Taxation Code. The bill would freeze reimbursement rates for certain services under limited circumstances. The bill would also repeal provisions relating to, and thereby eliminate, the Statewide Authority, the IHSS Fund, and the IHSS Employer-Employee Relations Act. The bill would require, until January 1, 2020, a specified mediation process to be held if a public authority or nonprofit consortium fails to reach agreement on a bargaining contract with its in-home supportive services workers by January 1, 2018, as prescribed. The bill would make conforming changes to related provisions. By creating new duties for local entities relating to collective bargaining under the IHSS program, the bill would impose a state-mandated local program. (2) Existing law conditions implementation of the Coordinated Care Initiative (CCI) , on whether the Director of Finance estimates that the Coordinated Care Initiative will generate net General Fund savings, as specified. Existing law requires these savings to be calculated based, in part, on estimated program costs approved by the federal government. This bill would clarify that the calculation of General Fund savings is based on the estimated costs of the entire CCI program, as defined, and not only those parts of the program subject to federal approval. (3) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill. (4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 25, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 10. Page 1565.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 2205.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Ordered to second reading.

  9. Withdrawn from committee.

  10. Assembly Rule 96 suspended. (Ayes 49. Noes 21. Page 2161.)

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  12. Referred to Com. on BUDGET.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 26. Noes 9. Page 1032.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Withdrawn from committee. (Ayes 26. Noes 11. Page 982.)

  18. Referred to Com. on B. & F.R.

  19. From printer. May be acted upon on or after February 11.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 90 do?
(1) Existing law provides for the allocation of funds appropriated from the continuously appropriated Local Revenue Fund for the distribution of sales tax and motor vehicle license fee moneys to local agencies for the administration of various health, mental health, and public social service programs (1991 Realignment funds) . Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires the state and counties to share the annual cost of providing in-home supportive services, with the state paying to the county 65% of the nonfederal cost and each county paying 35% of the nonfederal cost. Notwithstanding that provision, existing law requires all counties to have a County IHSS Maintenance of Effort (MOE) and requires counties to pay the County IHSS MOE instead of paying the nonfederal share of IHSS costs, as specified. Existing law permits services to be provided under the IHSS program through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, any public authority created under the IHSS program is deemed to be the employer of in-home support services personnel within the meaning of the Meyers-Milias-Brown Act, which governs local employer-employee relations. Existing law also provides that any nonprofit consortium contracting with a county is deemed the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law establishes the California In-Home Supportive Services Authority, referred to as the Statewide Authority, and requires the Statewide Authority to be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for any individual provider who is employed by a recipient of supportive services, as specified. Existing law establishes the In-Home Supportive Services Fund within the State Treasury. Existing law requires that moneys in the fund be made available, upon appropriation by the Legislature, to the Statewide Authority for the purposes of funding its functions. Existing law establishes the In-Home Supportive Services Employer-Employee Relations Act, which serves to resolve disputes regarding wages, benefits, and other terms and conditions of employment between the Statewide Authority and recognized employee organizations providing in-home supportive services. Under the act, the Statewide Authority is deemed to be the employer of record, for purposes of collective bargaining, of individual providers of in-home supportive services in each county, as specified. This bill would revise and recast provisions relating to 1991 Realignment Legislation and the County IHSS MOE. Among other things, the bill would eliminate the existing County IHSS MOE and instead implement a new costsharing arrangement between the state and counties, as specified. The bill would establish a statewide total County IHSS MOE base for these purposes, as specified, and establish a process for determining each county's share of that amount. The bill would appropriate moneys from the General Fund to offset a portion of IHSS costs incurred by the counties. The bill would further authorize a portion of those costs to be offset from other related 1991 Realignment funds, as specified. Under certain circumstances, the bill would authorize a county to request loans from the state for purposes of implementation. The bill would require the Department of Finance to implement these provisions, as specified. The bill would make conforming changes to related provisions, including to certain 1991 Realignment fund provisions in the Revenue and Taxation Code. The bill would freeze reimbursement rates for certain services under limited circumstances. The bill would also repeal provisions relating to, and thereby eliminate, the Statewide Authority, the IHSS Fund, and the IHSS Employer-Employee Relations Act. The bill would require, until January 1, 2020, a specified mediation process to be held if a public authority or nonprofit consortium fails to reach agreement on a bargaining contract with its in-home supportive services workers by January 1, 2018, as prescribed. The bill would make conforming changes to related provisions. By creating new duties for local entities relating to collective bargaining under the IHSS program, the bill would impose a state-mandated local program. (2) Existing law conditions implementation of the Coordinated Care Initiative (CCI) , on whether the Director of Finance estimates that the Coordinated Care Initiative will generate net General Fund savings, as specified. Existing law requires these savings to be calculated based, in part, on estimated program costs approved by the federal government. This bill would clarify that the calculation of General Fund savings is based on the estimated costs of the entire CCI program, as defined, and not only those parts of the program subject to federal approval. (3) The bill would authorize the State Department of Social Services to adopt emergency regulations implementing specified provisions of the bill. (4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 90?
SB 90 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 90?
This bill has been enacted into law. Introduced January 11, 2017. Enacted.
Where can I track SB 90?
Track SB 90 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 90

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 90

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →