BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 101|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 101
Author: John A. Pérez (D), et al.
Amended: 09/02/11 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Child care: family child care providers
SOURCE : Child Care Providers Union
DIGEST : This bill (1) authorizes family child care
providers, as defined, to choose whether to be represented
by a single provider organization, as defined, that would
be designated pursuant to a specified petition and election
process overseen by the Public Employment Relations Board
or a neutral 3rd party designated by the board, (2)
requires the State Department of Social Services and the
State Department of Education, with assistance of specified
state departments and agencies, and their contractors and
subcontractors, to make specified information regarding
individual 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, and (3) authorizes a
certified provider organization to perform various
functions, including meeting with state regulatory agencies
and engaging in various types of negotiation on matters
within a specified scope of representation with the
Department of Personnel Administration, in consultation
CONTINUED
AB 101
Page
2
with the Superintendent of Public Instruction and other
state agencies that administer programs of publicly funded
child care. The bill prohibits provider organizations from
calling strikes and from interfering with, intimidating,
restraining, coercing, or discriminating against a family
child care provider because the family child care provider
joins or refuses to join a provider organization. The
state, as defined, also would be subject to the latter
prohibition.
Senate Floor Amendments of 9/2/11 delete prior version of
the bill, dealing with Medi-Cal Developmental Services and
Social Services and insert language to provide an
anti-trust exemption for child care providers to organize
and negotiate with the state on issues impacting their
industry.
ANALYSIS : Existing law authorizes employees of public
schools to form, join, and participate in the activities of
an employee organization for the purpose of representation
on matters of employer-employee relations, including terms
and conditions of employment.
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.
This bill:
1.Authorizes family child care providers, as defined, to
choose whether to be represented by a single provider
organization, as defined, that would be designated
pursuant to a specified petition and election process
overseen by the Public Employment Relations Board or a
neutral 3rd party designated by the board.
2.Requires the State Department of Social Services and the
State Department of Education, with assistance of
specified state departments and agencies, and their
contractors and subcontractors, to make specified
information regarding individual family child care
CONTINUED
AB 101
Page
3
providers available to provider organizations and would
require the provider organization requesting the
information to bear the costs of collecting the
information.
3.Authorizes a certified provider organization to perform
various functions, including meeting with state
regulatory agencies and engaging in various types of
negotiation on matters within a specified scope of
representation with the Department of Personnel
Administration, in consultation with the Superintendent
of Public Instruction and other state agencies that
administer programs of publicly funded child care. The
bill prohibits provider organizations from calling
strikes and from interfering with, intimidating,
restraining, coercing, or discriminating against a family
child care provider because the family child care
provider joins or refuses to join a provider
organization. The state, as defined, also would be
subject to the latter prohibition.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/6/11)
Child Care Providers Union (source)
American Federation of State, County and Municipal
Employees
San Mateo County Center Labor Council
Service Employees International Union
ARGUMENTS IN SUPPORT : Proponents argue that, "AB 101
would give family day care providers - a group of
predominately female small business owners - the
opportunity to join together on matters that affect their
profession. Family child care providers would be allowed
to select a provider organization for the purpose of
representing them in negotiations with the State to
facilitate: timely and accurate payments, fair rates,
consistent enforcement of licensing regulations, greater
access to training and other improvements to advance child
care quality, access and stability."
CONTINUED
AB 101
Page
4
PQ:nl 9/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED