AB 378 — Childcare: family childcare providers: bargaining representative.

Summary

The California Child Day Care Facilities Act provides for the licensure and regulation of family daycare homes by the State Department of Social Services. The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare 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 childcare home education networks. The act states the intent of the Legislature to enact future legislation granting family childcare providers, as defined, the right to democratically choose a representative to meet and negotiate in a formal process with the state regarding the applicable scope of bargaining. This bill would authorize family childcare providers 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 representative for family childcare providers on matters related to childcare 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 require a provider organization to include in its certification petition proof of a 10-percent showing of interest designating the provider organization to act as the statewide representative for the providers. The bill would require any party contending fraud or coercion in the obtaining of proof of provider support to file under penalty of perjury a declaration supporting the claim. By creating a new crime, the bill would impose a state-mandated local program. The bill would establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources or the Governor's designee, 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 an agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, and any political subdivision of the state, that are involved in the administration of state-funded early care and education programs. To the extent that this bill would impose a new duty on a city or a county, the bill would impose a state-mandated local program. The bill would authorize the parties, if, after a reasonable period of time they fail to reach agreement, to agree upon the appointment of a mediator and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator. The bill would require the Department of Human Resources or the Governor's designee, with the assistance of, among others, the State Department of Education and the State Department of Social Services, to ensure that requests by a certified provider organization to deduct specified costs from the subsidy payments of its provider members are honored, as provided. The bill would require, if online or group in-person preservice meetings or orientations are held for family childcare providers by the state or a department, contractor, subcontractor, agency, or political subdivision of the state, that entity to provide a certified provider organization mandatory access to the entirety of the preservice meetings or orientations and the ability to make a presentation about the organization and its activities, its negotiations and memorandum of understanding, and its membership at the preservice meetings or orientations. The bill would prohibit the disclosure of certain information relating to preservice meetings or orientations in specified situations. The bill would require, if the state, department, political subdivision of the state, contractor, or subcontractor of a state-funded early care and education program, as defined, chooses to disseminate certain mass communications, as defined, to family childcare providers or applicants of state childcare subsidy payments, the Department of Human Resources or the Governor's designee to meet and confer with the certified provider organization concerning the content of the communication. The bill would require specified public administrators of state-funded early care and education programs to distribute to family childcare providers the mass communication of a certified provider organization in certain circumstances. Existing law provides that certain public records are not required to be disclosed. This bill would specify that records of state agencies related to activities governed by the above provisions regarding family childcare providers and certified provider organizations are not required to be disclosed. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

• Chaptered 09/30/19 - Chaptered Current pdf September 30, 2019
• Enrolled 09/18/19 - Enrolled pdf September 18, 2019
• Amended 08/30/19 - Amended Senate pdf August 30, 2019
• Amended 06/27/19 - Amended Senate pdf June 27, 2019
• Amended 04/25/19 - Amended Assembly pdf April 25, 2019
• Introduced 02/05/19 - Introduced pdf February 05, 2019
• AB378 View text html

Action History

1. September 30, 2019

   Chaptered by Secretary of State - Chapter 385, Statutes of 2019.

2. September 30, 2019

   Approved by the Governor.

3. September 25, 2019

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

4. September 13, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 16. Page 3540.).

5. September 12, 2019

   From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (September 12).

6. September 10, 2019

   Joint Rule 62(a), file notice suspended. (Page 3303.)

7. September 09, 2019

   Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

8. September 06, 2019

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

9. September 05, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2579.).

10. September 03, 2019

    Read second time. Ordered to third reading.

11. August 30, 2019

    Read third time and amended. Ordered to second reading.

12. August 20, 2019

    Read second time. Ordered to third reading.

13. August 19, 2019

    From committee: Do pass. (Ayes 4. Noes 1.) (August 19).

14. August 12, 2019

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

15. July 10, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 9). Re-referred to Com. on APPR.

16. June 27, 2019

    Read second time and amended. Re-referred to Com. on JUD.

17. June 26, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 26).

18. June 12, 2019

    In committee: Hearing postponed by committee.

19. June 06, 2019

    Referred to Coms. on L., P.E. & R. and JUD.

20. May 24, 2019

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

21. May 23, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17. Page 1865.)

22. May 20, 2019

    Read second time. Ordered to third reading.

23. May 16, 2019

    From committee: Do pass. (Ayes 13. Noes 4.) (May 16).

24. May 16, 2019

    Coauthors revised.

25. May 08, 2019

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

26. April 29, 2019

    Re-referred to Com. on APPR.

27. April 25, 2019

    Read second time and amended.

28. April 24, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 23).

29. April 04, 2019

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 3). Re-referred to Com. on JUD.

30. March 21, 2019

    Referred to Coms. on L. & E. and JUD.

31. February 06, 2019

    From printer. May be heard in committee March 8.

32. February 05, 2019

    Read first time. To print.

Sponsors

• Monique Limón · Primary
• Ash Kalra · Cosponsor
• Chiu · Cosponsor
• Buffy Wicks · Cosponsor
• Galgiani · Cosponsor
• Blanca E. Rubio · Cosponsor
• Jeff Gonzalez · Cosponsor
• Mark Stone · Cosponsor

Votes

Subjects