Legislature(2023 - 2024)DAVIS 106

03/21/2023 03:00 PM House HEALTH & SOCIAL SERVICES

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Audio Topic
03:03:11 PM Start
03:04:19 PM Confirmation Hearing(s): Department of Family and Community Services
04:02:06 PM HB57
04:16:16 PM HB46
04:49:13 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: TELECONFERENCED
Department of Family and Community Services -
Commissioner-Designee Kim Kovol
-- Public Testimony --
+ HB 57 EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ HB 46 CHILD CARE PROVIDER COLLECTIVE BARGAINING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB 46-CHILD CARE PROVIDER COLLECTIVE BARGAINING                                                                     
                                                                                                                                
4:16:16 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX  announced that the  final order of business  would be                                                               
HOUSE BILL  NO. 46,  "An Act allowing  child care  providers that                                                               
receive state aid  to organize and collectively  bargain with the                                                               
Department of  Health; and establishing  the child  care provider                                                               
fund."  [Before the committee was CSHB 46 (L&C).]                                                                               
                                                                                                                                
4:17:53 PM                                                                                                                    
                                                                                                                                
CANDACE  RICHEY, Owner,  Candi's Tot  Stop, shared  that she  has                                                               
been in  business at  Candy's Tot  Stop for 17  years.   She said                                                               
that  providers get  asked what  they need,  but when  they talk,                                                               
they  are not  heard.   She  said that  HB 46  offers support  to                                                               
providers.     She  thanked  members  who   helped  pass  similar                                                               
legislation through the House last  year, which she said was then                                                               
blocked  by one  senator;  however, with  new  leadership in  the                                                               
senate, there is now an  opportunity to get childcare legislation                                                               
to the  governor.  She explained  that the bill covers  topics of                                                               
concern  in the  childcare industry  in Alaska,  including wages,                                                               
provider  voice, benefits,  and retirement.   She  said that  the                                                               
wages earned in  the industry are hard to live  off, and there is                                                               
high staff turnover  because providers can't afford  to pay their                                                               
employees higher wages.   She shared that her  wait list consists                                                               
of many  service members  needing care, showing  how the  lack of                                                               
childcare  is   impacting  preparedness.    She   explained  that                                                               
benefits are  not possible because  of the  unaffordable premiums                                                               
to get  insurance as a  small business.   She said that  the bill                                                               
will give  providers a  say as  to where the  state funds  go for                                                               
childcare.                                                                                                                      
                                                                                                                                
4:21:56 PM                                                                                                                    
                                                                                                                                
BRIAN  HOLST,  Executive  Director, Juneau  Economic  Development                                                               
Council,  explained  that  childcare  is  an  important  economic                                                               
development issue  for the  state and provides  a high  return on                                                               
public  investment.   He said  that  high quality  early care  is                                                               
critical, and  that the Heckman  curve shows that  investment has                                                               
diminishing returns as the child gets  older.  He stated that the                                                               
lack  of  childcare  hurts  the  economy,  and  that  chamber  of                                                               
commerce  data  from  2019  showed  that  $165  million  is  lost                                                               
annually in the Alaska economy  due to child care related issues,                                                               
and that 77  percent of Alaska parents missed school  or work for                                                               
child care in a three-month  period; 36 percent of Alaska parents                                                               
postpone school  or training due  to such issues; and  47 percent                                                               
of families  rely on other family  or friends for childcare.   He                                                               
said that  every state ranks  childcare readiness, and  that two-                                                               
thirds of  the state's students  are not ready  for kindergarten.                                                               
He explained that the Journal  of Education Psychology identified                                                             
that,  if 50  first graders  have  problems reading,  44 of  them                                                               
still  have problems  reading  by  the time  they  are in  fourth                                                               
grade.   He  stated that  a lack  of access  to affordable  high-                                                               
quality childcare has an impact  on the workforce, and that while                                                               
employers  want more  childcare  options,  there are  significant                                                               
barriers  such as  cost  and  scarcity.   He  explained that  the                                                               
current model of  childcare in the state is broken,  as wages are                                                               
uncompetitive  since  many could  earn  more  in an  entry  level                                                               
retail job instead.  He pointed  out that operators are small due                                                               
to cost  of rent and  requirements around child to  adult ratios,                                                               
and that programs cannot raise wages without increasing prices.                                                                 
                                                                                                                                
4:27:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE asked,  with  CSHB  46(L&C) adding  tax                                                               
incentives  to childcare  services, what  Mr. Holst  thinks would                                                               
the uptake be.                                                                                                                  
                                                                                                                                
MR.  HOLST answered  that, when  businesses  were surveyed,  they                                                               
said they are interested in  supporting childcare operations, but                                                               
the challenge is the size of the business.                                                                                      
                                                                                                                                
4:28:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACK  FIELDS, Alaska  State Legislature,  as prime                                                               
sponsor, thanked the  committee for hearing HB 46.   He explained                                                               
that   that  CSHB   46(L&C)  has   three  provisions:   Establish                                                               
opportunity  for  childcare   providers  to  enter  intersectoral                                                               
bargaining  with the  state,  which would  allow  them to  manage                                                               
money for the  state for investing money; establish  a child care                                                               
trust fund,  which would allow  saving some money to  trickle out                                                               
to pay for child care; and  add tax credits for companies if they                                                               
give  out  vouchers  for  existing  childcare  or  build  on-site                                                               
childcare.                                                                                                                      
                                                                                                                                
4:32:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  asked what  other states  experienced with                                                               
intersectoral bargaining agreements.                                                                                            
                                                                                                                                
REPRESENTATIVE  FIELDS explained  that the  legislature only  has                                                               
the  ability to  implement sectoral  bargaining for  childcare or                                                               
farmwork,  as those  are the  only  two areas  excluded from  the                                                               
National  Labor Relations  Act.    He said  that  10 states  have                                                               
implemented such  framework, some were successful  and sustained.                                                               
He shared  that last year  the House Labor and  Commerce Standing                                                               
Committee  heard from  providers in  Washington state,  which has                                                               
such  bargaining; providers  in  Washington  described how,  over                                                               
time, they built  up the profession to a living  wage and thereby                                                               
increasing the supply of labor and childcare.                                                                                   
                                                                                                                                
4:35:28 PM                                                                                                                    
                                                                                                                                
EVAN ANDERSON,  Staff, Representative  Zack Fields,  Alaska State                                                               
Legislature  on behalf  of prime  sponsor Representative  Fields,                                                               
read  the  sectional analysis  for  HB  46[included in  committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section  1:  This  section amends  AS  23.05.360(f)  to                                                                    
     allow the  Alaska Labor Relations  Agency board  in the                                                                    
     Department  of   Labor  &  Workforce   Development  the                                                                    
     authority to  include workers in the  child care sector                                                                    
     for  the  purpose  of  holding   hearings.  This  is  a                                                                    
     conforming change to language added in Sec 4.                                                                              
                                                                                                                                
     Section  2:  This  section amends  AS  23.05.370(a)  to                                                                    
     direct the  Alaska Labor Relations  Agency to  serve as                                                                    
     labor relations  agency for workers  in the  child care                                                                    
     sector covered by the new language added in Sec. 4.                                                                        
                                                                                                                                
     Section  3: This  section amends  AS 23.05.380  to give                                                                    
     Department  of   Labor  &  Workforce   Development  the                                                                    
     authority   to   update   regulations   pertaining   to                                                                    
     collective bargaining  rights for workers in  the child                                                                    
     care sector.  This is a  conforming change  to language                                                                    
     added in Sec 4.                                                                                                            
                                                                                                                                
     Section 4: This  section amends AS 23.40  to give child                                                                    
     care  providers the  right to  self-organize, join,  or                                                                    
     assist  an  organization  to bargain  collectively  and                                                                    
     engage  in concerted  activities  for  the purposes  of                                                                    
     collective   bargaining   or   other  mutual   aid   or                                                                    
     protection.  This section  prohibits the  Department of                                                                    
     Health from engaging in unfair  labor practices, and it                                                                    
     provides a  process for investigation  and conciliation                                                                    
     of complaints. This section also provides definitions.                                                                     
                                                                                                                                
     Section  5:  This  section  establishes  a  child  care                                                                    
     provider  fund   as  a  separate  fund   in  the  state                                                                    
     treasury. This  section also  establishes a  child care                                                                    
     stakeholder group  to recommend disbursements  from the                                                                    
     fund.                                                                                                                      
                                                                                                                                
4:41:59 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX mentioned that New Mexico  has a $2 billion trust fund                                                               
for  childcare.   He  asked  if  such  a  fund is  designated  or                                                               
dedicated.                                                                                                                      
                                                                                                                                
REPRESENTATIVE FIELDS  said he  does not know  if New  Mexico has                                                               
the same designated  fund restrictions as Alaska,  and in talking                                                               
with Legislative Legal Services, the  key phrase is "funds do not                                                               
last".   He said  there were hundreds  of millions  of additional                                                               
dollars  last  year, and  there  were  $400 million  put  towards                                                               
capital funding, as an example.                                                                                                 
                                                                                                                                
CHAIR PRAX pointed out that  the fiscal note contemplates just an                                                               
annual appropriation.                                                                                                           
                                                                                                                                
4:43:57 PM                                                                                                                    
                                                                                                                                
MR.  ANDERSON explained  that the  bill's two  fiscal notes,  one                                                               
from the Department of Health  and another from the Department of                                                               
Revenue,  clearly  lay  out protected  deficits  around  the  tax                                                               
credit program.                                                                                                                 
                                                                                                                                
4:44:56 PM                                                                                                                    
                                                                                                                                
BRANDON  SPANOS, Deputy  Director,  Tax  Division, Department  of                                                               
Revenue, answered  that there were  three parts to  the reduction                                                               
of revenue; there is no data  on broadening what is allowed to be                                                               
an  expenditure on  credits  and how  many  companies would  take                                                               
advantage of that;  there is data on expanding the  program to $3                                                               
million, and companies  regular contribute more they  can take as                                                               
a credit; there is also data on extending the sunset date.                                                                      
                                                                                                                                
CHAIR PRAX  asked if that  then is  only the anticipated  loss in                                                               
tax  revenue because  the  companies would  donate  money to  the                                                               
program.                                                                                                                        
                                                                                                                                
MR. SPANOS answered that's correct.                                                                                             
                                                                                                                                
CHAIR PRAX  asked if  the tax  credit is  one-for-one, and  if it                                                               
would be  reasonable to assume that  the money would go  into the                                                               
childcare fund.                                                                                                                 
                                                                                                                                
MR. SPANOS explained  that the tax credit in  current statute has                                                               
changed  over  the  years,  but  in the  first  year,  the  first                                                               
$100,000, 50 percent  is applied to the credit,  therefore, a 5:1                                                               
ratio.                                                                                                                          
                                                                                                                                
CHAIR  PRAX  inquired as  to  whether  the proposed  $15  million                                                               
appropriation  to trust  fund  would be  draining  the fund  each                                                               
year.                                                                                                                           
                                                                                                                                
4:48:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  offered that a  $15 million fund  could be                                                               
managed,  but  it  wouldn't  be  sufficiently  large  to  make  a                                                               
difference  in the  sector;  however, it  could  be something  to                                                               
establish and be built up over time.                                                                                            
                                                                                                                                
4:48:55 PM                                                                                                                    
                                                                                                                                
CHAIR PRAX announced that HB 46 was held over.                                                                                  

Document Name Date/Time Subjects
sponsor statement hb46.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
sectional analysis hb46.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document Raising Wages & Benefits for Child Care Workers.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Letter of Support - Kawerak, Inc.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Letter of Support - NANA 2.2.2023.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - Alaska child care crisis more acute than ever.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - Economic impaact of Alaska's child care desert.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - Flow of Federal Childhood Funds Alaska CCPO.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - Juneau already had a childcare shortage KTOO.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - Juneau preschoolers ask legislators to ‘have a heart’.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Supporting Document - OPINION_ We work in childcare in Alaska ADN Op-Ed.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB0046B.PDF HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Fiscal Note DOA-PAA.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Fiscal Note DOLWD-ALRA.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB 46 Fiscal Note DOR-TAX.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
Kim Kovol resume 2023.pdf HHSS 3/21/2023 3:00:00 PM
Kim Kovol Confirmation - Written Testimony signed.pdf HHSS 3/21/2023 3:00:00 PM
Kim Kovol
HB 46 Supporting Document HSS Bill Presentation 3.20.23.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
Public Testimony about Kim Kovol.pdf HHSS 3/21/2023 3:00:00 PM
Kim Kovol, Commissioner Designee DFCS
Support for Commissioner Designee Kim Kovol - House HSS Committee.pdf HHSS 3/21/2023 3:00:00 PM
Kim Kovol, Commissioner Designee DFCS
Exhibit A - A human tragedy caused by OCS.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
Exhibit B - George is still at peril.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
Exhibit C - Class Action Complaint.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
Exhibit D - Providence Complaint.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
Exhibit E -- Garber Grand Jury Orders.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
Ignell Supplemental Testimony to Senate HSS.pdf HHSS 3/21/2023 3:00:00 PM
Testimony, Kim Kovol
AK Childcare Fact Sheet_Westmoreland.pdf HHSS 3/21/2023 3:00:00 PM
HB 46
HB46 Testimony_Westmoreland.pdf HHSS 3/21/2023 3:00:00 PM
HB 46