HB 43: "An Act relating to child care services; and providing for an effective date."
00 HOUSE BILL NO. 43 01 "An Act relating to child care services; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 39.90 is amended by adding new sections to read: 04 Article 3. Child Care Services. 05 Sec. 39.90.200. Duties of department. Under AS 39.90.200 - 39.90.290, the 06 Department of Administration shall approve, administer, and coordinate child care 07 services for state officers' and employees' children and dependents and for other 08 children as provided in AS 39.90.210. The department shall 09 (1) review and approve requests from state agencies for child care 10 services; 11 (2) provide technical assistance on child care program startup and 12 operation under AS 39.90.200 - 39.90.290; and 13 (3) assist other agencies in conducting needs assessments for child care 14 services, designing childcare centers, and selecting child care service providers. 15 Sec. 39.90.210. Children served. The department shall give primary
01 emphasis to providing child care services to state officers' and employees' children and 02 dependents who are not subject to compulsory school attendance, and, to the extent 03 possible, emphasis shall be placed on child care for children under the age of four. 04 The department may allow other parents to use the child care services, but shall give 05 priority to the children and dependents of state officers and employees. 06 Sec. 39.90.220. Location of programs; operating costs. (a) Child care 07 programs under AS 39.90.200 - 39.90.290 may be located in state-owned office 08 buildings, educational facilities and institutions, custodial facilities and institutions, 09 and, with the consent of the president of the senate and the speaker of the house of 10 representatives, in buildings or spaces used for legislative activities. In addition, 11 centers may be located in privately owned buildings conveniently located to the place 12 of employment of the officers and employees to be served by the centers. 13 (b) If a child care program under AS 39.90.200 - 39.90.290 is located in a 14 state-owned office building, educational facility or institution, or custodial facility or 15 institution, or in a privately owned building leased by the state, the sponsoring state 16 agency may be responsible for the maintenance, utilities, and other operating costs 17 associated with the child care center, in accordance with regulations of the department. 18 Sec. 39.90.230. Costs of care. The cost of child care services provided under 19 AS 39.90.200 - 39.90.290 shall be offset by fees charged to the state officers and 20 employees or other parents who use the child care services. The department may 21 provide for a sliding fee schedule, with fees charged on the basis of household income. 22 Sec. 39.90.240. Selection of providers. (a) The provider of proposed child 23 care services under AS 39.90.200 - 39.90.290 shall be selected by the department, 24 using the procedures in AS 36.30 (State Procurement Code). Management of the 25 contract with the service provider shall be the responsibility of the sponsoring state 26 agency. 27 (b) Upon approval of the department, the sponsoring state agency may be 28 responsible for the operation of the child care center when 29 (1) procedures under AS 36.30 fail to procure a qualified service 30 provider; or 31 (2) the service provider's contract is cancelled and attempts to procure
01 another qualified service provider are unsuccessful. 02 Sec. 39.90.250. Requirements for service providers. An operator selected 03 to provide services under AS 39.90.200 - 39.90.290 shall comply with all state and 04 local standards for the licensure and operation of child care facilities, maintain 05 adequate liability insurance coverage, and assume financial and legal responsibility for 06 the operation of the program. Neither the operator nor any personnel employed by or 07 at a child care facility shall be considered to be employees of the state unless a state 08 agency operates the facility under AS 39.90.240(b). 09 Sec. 39.90.260. Consortiums. In the areas where the state has an insufficient 10 number of officers and employees to justify a work site child care center, a state 11 agency may join in a consortium arrangement with other public employers to provide 12 child care services. 13 Sec. 39.90.270. Regulations. The department may adopt regulations 14 necessary to achieve the purposes of AS 39.90.200 - 39.90.290. 15 Sec. 39.90.290. Definitions. In AS 39.90.200 - 39.90.290, 16 (1) "department" means the Department of Administration; 17 (2) "sponsoring agency" means a state agency that requests the 18 assistance of the department in providing child care services to the children and 19 dependents of the agency's officers and employees. 20 * Sec. 2. This Act takes effect July 1, 2003.