2013 -- S 0794 SUBSTITUTE A

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LC01749/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HUMAN SERVICES - QUALITY FAMILY CHILD CARE ACT

     Introduced By: Senators Goodwin, Jabour, Pichardo, Crowley, and Ruggerio

     Date Introduced: March 27, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 6.6

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QUALITY FAMILY CHILD CARE ACT

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     40-6.6-1. Short title. – This chapter shall be known and may be cited as the “Rhode

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Island Quality Family Child Care Act of 2013.”

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     40-6.6-2. Definitions. – As used in this chapter, the following terms shall have the

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meanings set forth herein, unless the context in which such terms are used clearly indicates to the

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contrary:

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     (1) “CCAP” means "Child Care Assistance Program" the program administered by the

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department of human services that provides financial assistance to families for child care.

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     (2) “CCAP family child care provider” means an individual who:

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     (i) Participates in CCAP as a department of human services CCAP approved provider;

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and

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     (ii) Is either licensed by the department of children, youth and families to provide child

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care services in the provider’s own home, or license exempt but approved by the department of

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human services to participate in CCAP.

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     (3) “Provider organization” means an organization that includes CCAP family child care

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providers and has as one of its purposes the representation of CCAP family child care providers

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in their relations with the state.

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     (4) “Provider representative” or “representative” means a provider organization that is

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certified as the exclusive negotiating representative of CCAP family child care providers as

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provided in section 40-6.6-9.

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     (5) "Director" means the director of the department of administration.

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      40-6.6-3. Child Care Assistance Program Parent Advisory Council. – (a) There is

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established a Child Care Assistance Program Parent Advisory Council. The council shall consist

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of seven (7) members, six (6) of whom shall be the parents or guardians of children who

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participate or have participated in CCAP within the two (2) years previous to being appointed to

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the advisory council. The director of the department of human services or his or her designee

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shall serve on the council and act as its chair. A majority of members of the council shall

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constitute a quorum for the transaction of any business.

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     (b) The council members shall be appointed for three (3) year terms. Two (2) shall be

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appointed by the governor, two (2) by the speaker of the house of representatives, and two (2) by

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the president of the senate.

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     (c) The council shall advise the governor and the director, or his or her designee, and any

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provider representative regarding issues relating to the quality, affordability, and accessibility of

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child care offered through CCAP. In particular, the council shall make recommendations

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regarding:

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     (1) Strategies for improving quality, affordability, and access to child care for CCAP

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families; and

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     (2) The structure of the CCAP program, including, but not limited to, the application and

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renewal process, eligibility rules and standards, and family co-payment levels.

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      40-6.6-4. Right of CCAP family child care providers to choose provider

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representative; subjects of negotiation. – (a) CCAP family child care providers may, in

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accordance with the procedures set forth in section 40-6.6-9, choose a provider organization to be

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their provider representative and to negotiate with the director, or his or her designee, over the

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terms and conditions of CCAP family child care providers’ participation in CCAP, including, but

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not limited to: (1) Expanding training and professional development opportunities; (2) Improving

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the recruitment and retention of qualified CCAP family child care providers; (3) Reimbursement

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rates and other economic matters; (4) Benefits; (5) Payment procedures; and (6) A grievance

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resolution process.

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     (b) Notwithstanding the above, all matters within the scope of the department of children,

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youth and families (DCYF) child care licensing regulations and the DCYF's regulatory authority

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over child care licensing shall be excluded from and not subject to negotiations and/or the

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collective bargaining process as recognized in this section. DCYF's authority to initiate licensing

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action pertaining to family child care providers shall be exclusively governed by provisions in

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section 42-72.1-6 and chapter 42-35.

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     (c) Notwithstanding the above, CCAP family child care providers must first be qualified

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as CCAP family child care providers by the department of human services and must operate in

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conformance with the relevant sections of 42-12 of the general laws and regulations promulgated

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by the department.

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     (d) The director shall work in consultation with the secretary of the executive office of

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health and human services as well as the director of the department of human services regarding

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the terms and conditions of CCAP family child care providers' participation in CCAP including,

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but not limited to, the terms and conditions in subsection (a) above.

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     40-6.6-5. Good faith negotiations. – It shall be the obligation of the director, or his or

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her designee, to meet and confer in good faith with the provider representative within thirty (30)

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days after receipt of written notice from the provider representative of the request for a meeting

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for bargaining purposes. This obligation shall include the duty to cause any agreement resulting

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from the negotiations to be reduced to a written contract.

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     40-6.6-6. Unresolved issues; impasse procedures. – In the event that the provider

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representative and the director, or his or her designee, are unable to reach an agreement on a

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contract, or reach an impasse in negotiations, the procedures of sections 36-11-7.1 through 36-11-

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11 shall be followed.

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     40-6.6-7. Economic aspects of contract subject to legislative appropriation. – Any

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aspects of a contract requiring appropriation by the federal government, the general assembly, or

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revisions to statutes and/or regulations shall be subject to passage of those state or federal

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appropriations or statutory and/or regulatory revisions.

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     40-6.6-8. Duty to represent all CCAP family child care providers fairly; service

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charge and deductions. – (a) A provider organization certified as the provider representative

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shall represent all CCAP family child care providers in the state fairly and without discrimination,

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without regard to whether or not the CCAP family child care providers are members of the

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provider organization.

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     (b) Each CCAP family child care provider may choose whether to be a member of the

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provider organization; provided, however, that after a first contract is ratified, the provider

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representative shall be authorized to collect from non-member CCAP family child care providers

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a service charge as a contribution toward the negotiation and administration of the written

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contract. The service charge shall not exceed the regular dues paid by CCAP family child care

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providers who are members of the provider representative. The state shall deduct the service

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charge, membership dues, and any voluntary deductions authorized by individual CCAP family

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child care providers, from the payments to CCAP family child care providers.

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      40-6.6-9. Certification and decertification of provider organization. – (a) Petitions to

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certify a provider organization to serve as the provider representative of CCAP family child care

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providers, petitions to intervene in such an election, and any other petitions for investigation of

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controversies as to representation may be filed with and acted upon by the labor relations board in

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accordance with the provisions of Chapter 7 of Title 28 and the board’s rules and regulations;

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provided that any valid petition as to whether CCAP family child care providers wish to certify or

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decertify a provider representative shall be resolved by a secret ballot election among CCAP

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family child care providers, for which the purpose the board may designate a neutral third party to

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conduct said secret ballot election.

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     (b) The only appropriate unit shall consist of all CCAP family child care providers in the

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state.

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     (c) The cost of any certification election held under this section will be split equally

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among all the provider organizations that appear on the ballot.

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     40-6.6-10. Unfair practices. – It shall be unlawful for the state to do any of the acts

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made unlawful under section 28-7-13. It shall be unlawful for the provider representative to do

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any of the acts made unlawful under section 28-7-13.1. Any alleged violation of this provision

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may be filed with the labor relations board as an unfair labor practice and considered and ruled

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upon in accordance with chapter 7 of title 28 and the board’s rules and regulations.

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     40-6.6-11. CCAP family child care providers not state employees. – Nothing in this

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chapter shall be construed to make CCAP family child care providers employees of the state for

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any purpose, including for the purposes of eligibility for the state employee pension program or

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state employee health benefits.

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     40-6.6-12. Right of families to select, direct, and terminate CCAP family child care

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providers. – Nothing in this chapter shall be construed to alter the rights of families to select,

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direct, and terminate the services of CCAP family child care providers.

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     40-6.6-13. Strikes not authorized. – CCAP family child care providers shall not engage

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in any strike or other collective cessation of the delivery of child care services.

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     40-6.6-14. State action exemption. – The state action exemption to the application of

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state and federal antitrust laws is applicable to the activities of CCAP family child care providers

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and their provider representative authorized under this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01749/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES - QUALITY FAMILY CHILD CARE ACT

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     This act would establish the Quality Family Child Care Act with a parent advisory

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council and it would provide for the rights of Child Care Assistance Program providers,

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certification of provider organizations and conflict resolution with provider organizations.

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     This act would take effect upon passage.

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LC01749/SUB A

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