HomeMy WebLinkAboutMINUTES - 04191994 - 1.93 TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator (SOS+a
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County
DATE: April 13, 1994
SUBJECT: LEGISLATION: SB 1946 (Killea)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION to SB 1946 by Senator Killea, which
would require that all payroll deductions and withholding for In-
Home Supportive Services ( IHSS) workers shall be implemented by the
individual or entity who is the employer of the IHSS worker.
BACKGROUND:
Existing law provides for the In-Home Supportive Services ( IHSS)
Program, under which certain qualified aged, blind or disabled
persons receive services designed to enable them to remain in their
own home. Counties are responsible for the administration of the
IHSS Program. The services to an. IHSS recipient can be provided
either through employment by the IHSS recipient, or by employment
through the County.
SB 1946 has been introduced by Senator Killea. As introduced, SB
1946 would require that all payroll deductions and withholding for
In-Home Supportive Services ( IHSS) workers shall be implemented by
the individual or entity who is the employer of the IHSS worker.
Contra Costa County has always resisted being put in the role of
the employer of the IHSS service provider because of the increased
liability exposure which is thereby incurred by the County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
0z
x RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHERS /]
SIGNATURE(S):
ACTION OF BOARD ON Agrii: t9, t994 APPROVED AS RECOMMENDED —X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 19 , 1994
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
-2-
County Counsel has noted that it is unlikely that all IHSS
recipients would be in a position to properly handle all of the
accounting which is necessary in order to carry out the tax, social
security and other payroll withholding functions . As a result, the
County might be forced to undertake all of these accounting
functions, thereby by definition becoming the employer of the IHSS
service provider. Becoming the "employer" then makes the County
liable not only for all of the necessary accounting and tax
reporting for all of the IHSS service providers, but for providing
workers ' compensation coverage, disability insurance coverage and
becoming an attractive target for lawsuits relating to the type and
manner in which services were provided to the IHSS recipient.
County Counsel has concluded that the County must oppose SB 1946
because of this additional exposure and this office concurs in this
recommendation. We are, therefore, recommending that the Board of
Supervisors oppose SB 1946 for the reasons indicated.
cc: County Administrator
Social Services Director
County Counsel
Sara Hoffman, CAO' s Office
Les Spahnn, Heim, Noack & Spahnn
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: March 21 , 1994
To: Phil Batchelor, County Administrator
From: Victor J. Westman, County Counsel
By: Arthur W. Walenta, Assistant County Counsel
Re: Oppose Senate Bill No. 1946
Senate Bill No. 1946 (attached) could require the County to
became the employer of In-Home Supportive Service ( IHSS) workers who
presently are employed by IHSS recipients . This would occur because
recipients have no capacity to carry out the technical requirements
of tax, social security, and other payroll withholdings . If the
County became the employer of IHSS workers , representation, fringe
benefit and retirement costs would gravely affect the cost of the
IHSS program.
The County should consider opposing this bill .
AWW/amc
cc: Perfecto Villarreal, Social Service Director
Sara Hoffman
am\a:\oppose.bi1
CONTRA COSTA COUNTY��i-
RECEIVED
E 1994
OFFICE OF
ISTf
COUNTY ADMIN ';Y�
SENATE BILL / No. 1946
1
Introduced by Senator Killea
February 25, 1994
An act to add Section 12302.3 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1946, as introduced, Killea. IHSS: withholding.
Existing law provides for the In-Home Supportive Services
(IHSS) program, under which, either through employment
by .the recipient, or by or through contract by the county,
qualified aged, blind, and disabled persons receive services
enabling them to remain in their own homes. Counties are t
responsible for the administration of the IHSS program.
Existing law provides for various modes of IHSS services
delivery, including county employees, independent
contractors, and employment of workers by recipients for the
provision of in-home supportive services.
This bill would specify that all payroll deductions for IHSS
workers shall be authorized and implemented only by the
person or entity treated as the employer for purposes of the
IHSS program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 12302.3 is added to the Welfare
2 and Institutions Code, to read:
3 12302.3. All payroll deductions for in-home
4 supportive service workers, including payroll taxes, liens,
5 union or employee association dues, or legally required or
6 voluntary deductions, may only be authorized, in the case
7 of voluntary deductions, and, in the case of required
99 100
SB 1946 — 2 -
1 deductions and withholding, shall be implemented by the
2 individual or entity who is the employer for purposes of
3 this article.
O
99 100