Legislature(2023 - 2024)BARNES 124

01/30/2023 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 13 APPLICABILITY OF HUMAN RIGHTS COMMISSION TELECONFERENCED
Heard & Held
*+ HB 46 CHILD CARE PROVIDER COLLECTIVE BARGAINING TELECONFERENCED
Heard & Held
        HB  46-CHILD CARE PROVIDER COLLECTIVE BARGAINING                                                                    
                                                                                                                                
4:08:22 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  final order of business would be                                                               
HB 46, "CHILD CARE PROVIDER COLLECTIVE BARGAINING."                                                                             
                                                                                                                                
4:08:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS, as prime sponsor,  gave a brief history on                                                               
the background  for the  bill.   On slide 2,  he stated  that the                                                               
problem in the childcare field  is low wages and benefits leading                                                               
to  a shortage  of childcare  workers, adding  that the  COVID-19                                                               
pandemic has increased the shortage of adequate childcare.                                                                      
                                                                                                                                
REPRESENTATIVE   FIELDS   directed    attention   to   slide   3,                                                               
highlighting a report that employment  in childcare has decreased                                                               
by 7 percent,  contrasting with the number of people  who want to                                                               
return  to  work  following  the   pandemic.    On  slide  4,  he                                                               
highlighted a  report that  2 more  childcare centers  in Juneau,                                                               
Alaska, have closed, and there are none in Valdez, Alaska.                                                                      
                                                                                                                                
4:12:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  advanced  to  slide 5,  stating  that  he                                                               
believes that  the inadequate  amount of  childcare in  Alaska is                                                               
playing a part in the issue  of outmigration from the state.  The                                                               
greatest number of  people leaving the state are  young people of                                                               
working age.  He turned to  slide 6, stating that 11 other states                                                               
have  implemented  some  form of  childcare  employee  collective                                                               
bargaining.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FIELDS directed  attention  to  slide 7,  stating                                                               
that the goals  of HB 46 are to give  childcare workers a "living                                                               
wage" in  order to  increase the  supply of  childcare.   He said                                                               
that  it should  be done  in  a way  that keeps  the prices  from                                                               
increasing,  as  many families  cannot  afford  to pay  more  for                                                               
childcare.   He  added  that public  policy  on childcare  should                                                               
remain "flexible"  to allow the  sector to continue to  work with                                                               
the state government on the best possible solutions.                                                                            
                                                                                                                                
4:14:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS continued to slide  8 and stated that major                                                               
Alaska employers  are raising  their concerns  about the  lack of                                                               
adequate  childcare in  Alaska.   Childcare  was one  of the  top                                                               
three issues that  the Alaska Chamber of Commerce  heard from its                                                               
member employers.                                                                                                               
                                                                                                                                
REPRESENTATIVE  FIELDS  concluded  by  explaining  how  the  bill                                                               
works.    He said  that  if  the  bill  were passed,  the  Alaska                                                               
Department of  Labor and Workforce  Development would  conduct an                                                               
election asking  all childcare workers  if they wished  to engage                                                               
in sectoral  bargaining with  the state.   If  they were  to vote                                                               
affirmatively, they  would create  or join  a union  to negotiate                                                               
with the  state for wages and  benefits.  He added  that the bill                                                               
would also establish a childcare trust fund.                                                                                    
                                                                                                                                
4:17:37 PM                                                                                                                    
                                                                                                                                
BLUE  SHIBLER, Executive  Director, Southeast  Alaska Association                                                               
for  the Education  of  Young Children,  stated  that there  have                                                               
always  been issues  with childcare  shortages  due to  childcare                                                               
"not being  a very good  business model."   The cause of  this is                                                               
that childcare centers have only  a single source of revenue, and                                                               
they can  only charge so  much before families cannot  afford it.                                                               
She said  that prior  to the  pandemic, it  was possible  to find                                                               
childcare employees that  would do the work  because they enjoyed                                                               
it, but rising costs of living  are causing more people to face a                                                               
choice between  having a  job they  enjoy and  having a  job that                                                               
pays more.   All of Juneau's childcare centers  have the capacity                                                               
to care  for more children, but  do not have enough  employees to                                                               
increase enrollment.   She described  the current  business model                                                               
for childcare  as a "market  failure" and childcare as  a "public                                                               
good" and  asserted that the  solution would be  state government                                                               
investment into the childcare sector.                                                                                           
                                                                                                                                
4:21:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX inquired  about the  organizations that  Ms.                                                               
Shibler's organization represents.                                                                                              
                                                                                                                                
MS. SHIBLER  explained that the Southeast  Alaska Association for                                                               
the  Education  of  Young  Children  provides  different  support                                                               
mechanisms to childcare providers  rather than representing them.                                                               
In response to  a follow up question, she said  that the majority                                                               
of  the money  going to  childcare  centers is  from the  parents                                                               
paying tuition, although there are  subsidies available for those                                                               
with lower incomes.                                                                                                             
                                                                                                                                
4:23:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE   asked  for  an  explanation   of  Ms.                                                               
Shibler's meaning  when she  labeled the lack  of childcare  as a                                                               
"market failure."                                                                                                               
                                                                                                                                
MS. SHIBLER explained  that as a business, no profit  is made and                                                               
a  worthy wage  is  not provided.   She  contrasted  that with  a                                                               
traditional business  in which  goods or  service costs  could be                                                               
raised to  close the gap;  however, childcare business  cannot do                                                               
that because parents can't pay.                                                                                                 
                                                                                                                                
4:25:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  sought to confirm that  a state subsidy                                                               
would be the only way for  businesses to survive.  He asked where                                                               
the state would receive an injection of cash for that purpose.                                                                  
                                                                                                                                
MS. SHIBLER  answered that  childcare centers  are unable  to pay                                                               
high  wages  or make  a  profit.    In  other businesses,  it  is                                                               
possible to  raise the prices to  reflect a rise in  costs to the                                                               
business,  whereas childcare  centers  are unable  to because  it                                                               
would become unaffordable  for families.  She  concluded that the                                                               
lack of  ability to make  a profit means fewer  people attempting                                                               
to start  a childcare  center as  a business.   In response  to a                                                               
follow-up  question,   she  said  that  she   believes  that  the                                                               
childcare sector  needs subsidies to remain  operational, and she                                                               
observed   that  the   issue  of   lacking  childcare   is  being                                                               
acknowledged in other states and at the national level.                                                                         
                                                                                                                                
4:27:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  if the  issue of  low profits  and                                                               
wages in childcare is a new or existing problem.                                                                                
                                                                                                                                
MS. SHIBLER answered  that it has been an ongoing  problem in her                                                               
20 years  of experience  working in childcare.   The  increase in                                                               
the cost of  living has exacerbated the problem.   In response to                                                               
a  follow-up  question,  she  said   that  childcare  prices  are                                                               
generally similar across  the sector and largely paid  for by the                                                               
parents.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER  asked what  role the state  Department of                                                               
Health would play in funding childcare.                                                                                         
                                                                                                                                
MS. SHIBLER said  the Department of Health  receives block grants                                                               
from the  federal government and  is responsible for  deciding on                                                               
the best usage of that money in regard to childcare.                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER inquired about  the percentage of the cost                                                               
that  the  federal  government  is taking  on  for  childcare  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MS.  SHIBLER  answered  that  the   federal  money  used  in  the                                                               
Childcare Assistance Subsidy Program  pays childcare providers on                                                               
behalf of  parents that qualify  for assistance.  Other  money is                                                               
used for training purposes, but the  federal money is not able to                                                               
be used for  increasing wages or benefits  for childcare workers.                                                               
She concluded  that she was  unsure of  the amount of  money from                                                               
the federal grants contributed towards wages.                                                                                   
                                                                                                                                
4:32:29 PM                                                                                                                    
                                                                                                                                
PEARL  BROWER, PhD,  CEO,  Ukpeagvik  Inupiat Corporation  (UIC),                                                               
stated  that workplaces  across the  state are  facing shortages,                                                               
and a  lack of childcare is  making it more difficult  for people                                                               
to return to work.   She said that one of  the reasons her family                                                               
moved from  Utqiagvik, Alaska,  to Anchorage  was because  of the                                                               
difficulty finding  childcare in  Utqiagvik.  She  continued that                                                               
the lack  of childcare  availability causes  economic instability                                                               
for families,  leaves children at  a higher risk of  neglect, and                                                               
makes it difficult  for employers to fill all  of their available                                                               
positions.                                                                                                                      
                                                                                                                                
4:36:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PRAX  asked   whether   UIC   is  a   for-profit                                                               
organization.                                                                                                                   
                                                                                                                                
DR. BROWER answered that it is.   In response to a follow-up, she                                                               
said  that even  if  the corporation  were  to provide  childcare                                                               
benefits  to  employees,  there would  not  be  enough  childcare                                                               
providers to care for every child.                                                                                              
                                                                                                                                
REPRESENTATIVE PRAX  suggested that  the solution may  require an                                                               
increase in the  cost of childcare, either paid for  by the state                                                               
or by private employers as a benefit to their employees.                                                                        
                                                                                                                                
4:39:03 PM                                                                                                                    
                                                                                                                                
CHRISTINA  EUBANKS,  Executive   Director,  Hillcrest  Children's                                                               
Center,  stated  that finding  employees  has  been a  continuous                                                               
issue in her 20 years working  in childcare.  Childcare is one of                                                               
the lowest paying  professions in the state,  causing high levels                                                               
of turnover.  She said that  she believes it is important for the                                                               
industry to  have a voice  in how  the money from  federal grants                                                               
for childcare is  being spent due to that having  a direct impact                                                               
on the operations and cost of childcare centers.                                                                                
                                                                                                                                
4:41:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked what  is preventing  childcare centers                                                               
from raising their prices.                                                                                                      
                                                                                                                                
MS.   EUBANKS  explained   that  nothing   is  preventing   price                                                               
increases, and that  prices have already increased.   There is an                                                               
expected  price increase  of 6-10  percent this  year.   She said                                                               
that  the consequences  of  this is  that  childcare is  becoming                                                               
affordable only to parents with high incomes.                                                                                   
                                                                                                                                
4:42:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked why  the  providers  do not  raise                                                               
prices to allow them to pay higher wages.                                                                                       
                                                                                                                                
MS. EUBANKS  emphasized that raising prices  would make childcare                                                               
unaffordable for many families.                                                                                                 
                                                                                                                                
4:44:44 PM                                                                                                                    
                                                                                                                                
EVAN ANDERSON,  Staff, Representative  Zack Fields,  Alaska State                                                               
Legislature, on  behalf of Representative Fields,  prime sponsor,                                                               
provided  a  sectional  analysis  of   HB  46  [included  in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
    Section l: This section amends AS 23.05.360(t) 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                                                                    
     confonning [sic] 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.                                                                                  
                                                                                                                                
4:47:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FIELDS   addressed    earlier   questions   from                                                               
Representative  Saddler and  Representative Prax,  adding to  the                                                               
previous answers that not investing  in childcare would create an                                                               
environment in which  only those with high incomes  would be able                                                               
to afford  childcare.  The result  is that people are  pushed out                                                               
of the workforce and economic  capacity decreases.  He reiterated                                                               
that the  bill would create a  childcare trust fund to  allow the                                                               
State of  Alaska to invest more  in childcare as other  places in                                                               
the world do.                                                                                                                   
                                                                                                                                
4:49:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked what role the  Department of Health                                                               
would play in  collective bargaining and who would  end up paying                                                               
for it.                                                                                                                         
                                                                                                                                
REPRESENTATIVE FIELDS  said the model  was similar to  the higher                                                               
education trust fund.  He  continued that subsidized slots do not                                                               
cover  the entire  cost  of  tuition at  a  childcare center  and                                                               
childcare  centers end  up  passing  that cost  on  to the  other                                                               
parents who can pay.                                                                                                            
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for a  breakdown of  the costs  of                                                               
childcare paid  for by families  and the grants from  the federal                                                               
government.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FIELDS explained  that at  the childcare  centers                                                               
his  family uses,  subsidized slots  are available,  meaning that                                                               
the  state  pays for  the  childcare  of children  whose  parents                                                               
qualify.   He  added that  some  other states  have expanded  the                                                               
levels for which parents can  be eligible for childcare subsidies                                                               
in order to  make childcare more affordable for a  wider range of                                                               
families and therefore increase the number of people working.                                                                   
                                                                                                                                
4:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX expressed concern  that the bill would result                                                               
in continuously expanding eligibility  for the subsidy, comparing                                                               
it to the current issues facing Medicare.                                                                                       
                                                                                                                                
4:54:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK  sought  confirmation for  whether  home-                                                               
based childcare providers would be covered by the bill.                                                                         
                                                                                                                                
REPRESENTATIVE FIELDS answered that  all licensed providers would                                                               
be covered, including home-based providers.                                                                                     
                                                                                                                                
REPRESENTATIVE CARRICK  commented that  the bill could  be useful                                                               
in the effort to retain childcare workers.                                                                                      
                                                                                                                                
4:55:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked if it  was possible for HB  46 to                                                               
cause prices to increase for some  parents if the subsidy was not                                                               
expanded.                                                                                                                       
                                                                                                                                
REPRESENTATIVE FIELDS answered  that the goal was  to keep prices                                                               
down  for  parents.    He  continued  that  his  belief  is  that                                                               
childcare providers  should be a  greater part of  the discussion                                                               
because they have the best idea  of how to serve the families for                                                               
which they provide childcare.   The bill would create a framework                                                               
to  give   childcare  providers  a  greater   voice  rather  than                                                               
mandating  a certain  wage be  paid to  childcare employees.   In                                                               
response to  a follow-up  question, he stated  that there  is not                                                               
currently  a  specific  dollar  amount  to  be  placed  into  the                                                               
childcare trust fund that would be created under HB 46.                                                                         
                                                                                                                                
4:59:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked how much  of childcare is  paid for                                                               
privately versus how much is paid for by the government.                                                                        
                                                                                                                                
REPRESENTATIVE FIELDS  recapped that  the vast majority  was paid                                                               
for privately  by parents, with  some per-child  subsidized slots                                                               
paid  for using  government funds.   In  response to  a follow-up                                                               
question, he  stated that the idea  behind the trust fund  was to                                                               
give childcare providers a greater  say in how the federal grants                                                               
were used  because they  have a  better idea  of how  those funds                                                               
would be most effective.                                                                                                        
                                                                                                                                
5:01:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT asked  what the  amount of  money received                                                               
from the federal grant block is per year.                                                                                       
                                                                                                                                
REPRESENTATIVE  FIELDS  answered  that  he is  unsure  but  would                                                               
follow up with an answer at a later time.                                                                                       
                                                                                                                                
REPRESENTATIVE WRIGHT  explained the "for the  wage" campaign and                                                               
asked whether the bill was related to it in any way.                                                                            
                                                                                                                                
REPRESENTATIVE  FIELDS answered  that he  is unfamiliar  with the                                                               
campaign.                                                                                                                       
                                                                                                                                
[HB 46 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB 46 Supporting Document Raising Wages & Benefits for Child Care Workers.pdf HL&C 1/30/2023 3:15:00 PM
HB 46
HB 13 Supporting Document - Foraker Group Report 12.2021.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 Sectional Analysis version A.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 Sponsor Statement version A.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 Supporting Document - ASCHR Resolution 7.11.2022.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 Supporting Document - NCSL Workplace Discrimination Statutes 7.2015.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 PowerPoint Presentation.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB0013A.PDF HL&C 1/30/2023 3:15:00 PM
HB 13
HB 13 Supporting Document - ASCHR 2021 Annual Report.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HR2021
HB 46 Sponsor Statement.pdf HL&C 1/30/2023 3:15:00 PM
HB 46
HB 46 Sectional Analysis.pdf HL&C 1/30/2023 3:15:00 PM
HB 46
HB 13- Alaska State Commission on Human Rights Fiscal Note.pdf HL&C 1/30/2023 3:15:00 PM
HB 13
HB 46 Fiscal Note Department of Health.pdf HL&C 1/30/2023 3:15:00 PM
HB 46
HB 46 Fiscal Note Department of Workforce Development.pdf HL&C 1/30/2023 3:15:00 PM
HB 46