Enrolled SB 95: Relating to the child care assistance program and the child care grant program; and providing for an effective date.
00Enrolled SB 95 01 Relating to the child care assistance program and the child care grant program; and providing 02 for an effective date. 03 _______________ 04 * Section 1. AS 47.05.030(a) is amended to read: 05 (a) Except as provided in (b) and (c) of this section and for purposes directly 06 connected with the administration of general assistance, adult public assistance, the 07 day [CHILD] care assistance program authorized under AS 47.25.001 - 47.25.095, or 08 the Alaska temporary assistance program, and in accordance with the regulations of 09 the department, a person may not solicit, disclose, receive, make use of, or authorize, 10 knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or 11 information concerning, persons applying for or receiving the assistance directly or 12 indirectly derived from the records, papers, files, or communications of the department 13 or subdivisions or agencies of the department, or acquired in the course of the 14 performance of official duties.
01 * Sec. 2. AS 47.05.030(a), as amended by sec. 1 of this Act, is amended to read: 02 (a) Except as provided in (b) and (c) of this section and for purposes directly 03 connected with the administration of general assistance, adult public assistance, the 04 child [DAY] care assistance program authorized under AS 47.25.001 - 47.25.095, or 05 the Alaska temporary assistance program, and in accordance with the regulations of 06 the department, a person may not solicit, disclose, receive, make use of, or authorize, 07 knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or 08 information concerning, persons applying for or receiving the assistance directly or 09 indirectly derived from the records, papers, files, or communications of the department 10 or subdivisions or agencies of the department, or acquired in the course of the 11 performance of official duties. 12 * Sec. 3. AS 47.05.085(a) is amended to read: 13 (a) The commissioner or the commissioner's designee at the director level may 14 issue subpoenas to compel the production of books, papers, correspondence, 15 memoranda, and other records considered necessary as evidence in connection with an 16 investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 17 (assistance for catastrophic illnesses and acute or chronic medical conditions), 18 AS 47.25 (day [CHILD] care assistance, child care grants, general relief, adult public 19 assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). 20 * Sec. 4. AS 47.05.085(a), as amended by sec. 3 of this Act, is amended to read: 21 (a) The commissioner or the commissioner's designee at the director level may 22 issue subpoenas to compel the production of books, papers, correspondence, 23 memoranda, and other records considered necessary as evidence in connection with an 24 investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 25 (assistance for catastrophic illnesses and acute or chronic medical conditions), 26 AS 47.25 (child [DAY] care assistance, child care grants, general relief, adult public 27 assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). 28 * Sec. 5. AS 47.25.001(a) is amended to read: 29 (a) The department shall 30 (1) implement and administer a program to assist in providing day 31 [CHILD] care for the children of low and moderate income families according to the
01 requirements of AS 47.25.001 - 47.25.095; 02 (2) establish standards of eligibility for day [CHILD] care benefits [; 03 THE STANDARDS MUST PROVIDE THAT THE MAXIMUM MONTHLY 04 HOUSEHOLD INCOME FOR A FAMILY TO BE ELIGIBLE FOR THE 05 PROGRAM IS 105 PERCENT OF THE MEDIAN MONTHLY HOUSEHOLD 06 INCOME IN THE STATE, ADJUSTED FOR FAMILY SIZE, UNLESS THE 07 FAMILY IS OTHERWISE EXEMPT FROM INCOME ELIGIBILITY 08 REQUIREMENTS]; 09 (3) contract for the care of children of eligible families; 10 (4) establish procedures to periodically review the needs of families 11 receiving day [CHILD] care benefits; 12 (5) provide notification to the local government body of the request for 13 a contract with a day [CHILD] care facility; 14 (6) establish an electronic application for assistance and allow an 15 applicant to submit an application in electronic format or in other formats required by 16 state and federal law; the electronic application must inform an applicant that a false 17 statement made on the application will be investigated and is punishable under 18 AS 11.56.210 [; 19 (7) ESTABLISH A PROGRAM TO PARTNER WITH PRIVATE 20 SECTOR ENTITIES TO CREATE INCENTIVES FOR EMPLOYERS TO 21 DEVELOP ON-SITE OR NEAR-SITE CHILD CARE]. 22 * Sec. 6. AS 47.25.001(a), as amended by sec. 5 of this Act, is amended to read: 23 (a) The department shall 24 (1) implement and administer a program to assist in providing child 25 [DAY] care for the children of low and moderate income families according to the 26 requirements of AS 47.25.001 - 47.25.095; 27 (2) establish standards of eligibility for child [DAY] care benefits; the 28 standards must provide that the maximum monthly household income for a 29 family to be eligible for the program is 105 percent of the median monthly 30 household income in the state, adjusted for family size, unless the family is 31 otherwise exempt from income eligibility requirements;
01 (3) contract for the care of children of eligible families; 02 (4) establish procedures to periodically review the needs of families 03 receiving child [DAY] care benefits; 04 (5) provide notification to the local government body of the request for 05 a contract with a child [DAY] care facility; 06 (6) establish an electronic application for assistance and allow an 07 applicant to submit an application in electronic format or in other formats required by 08 state and federal law; the electronic application must inform an applicant that a false 09 statement made on the application will be investigated and is punishable under 10 AS 11.56.210; 11 (7) establish a program to partner with private sector entities to 12 create incentives for employers to develop on-site or near-site child care. 13 * Sec. 7. AS 47.25.011 is amended to read: 14 Sec. 47.25.011. Administrative costs of program contractors. To defray 15 administrative expenses, a contractor under AS 47.25.001(b) may only retain $1,000 16 or 12 percent, whichever is greater, of the day [CHILD] care assistance program funds 17 it receives from the department under the contract. 18 * Sec. 8. AS 47.25.011, as amended by sec. 7 of this Act, is amended to read: 19 Sec. 47.25.011. Administrative costs of program contractors. To defray 20 administrative expenses, a contractor under AS 47.25.001(b) may only retain $1,000 21 or 12 percent, whichever is greater, of the child [DAY] care assistance program funds 22 it receives from the department under the contract. 23 * Sec. 9. AS 47.25.021 is amended to read: 24 Sec. 47.25.021. Conditions of receipt of benefits. Benefits may be paid for 25 the care of children of a low or moderate income family only if a parent or guardian, 26 because of the day [CHILD] care, is freed to work or to seek work or to attend school. 27 Benefits may not be paid for the care of children of a family where one parent or 28 guardian is not working, actively seeking work, or attending school and is physically 29 and mentally capable of caring for the children. 30 * Sec. 10. AS 47.25.021, as amended by sec. 9 of this Act, is amended to read: 31 Sec. 47.25.021. Conditions of receipt of benefits. Benefits may be paid for
01 the care of children of a low or moderate income family only if a parent or guardian, 02 because of the child [DAY] care, is freed to work or to seek work or to attend school. 03 Benefits may not be paid for the care of children of a family where one parent or 04 guardian is not working, actively seeking work, or attending school and is physically 05 and mentally capable of caring for the children. 06 * Sec. 11. AS 47.25.031 is amended to read: 07 Sec. 47.25.031. Eligibility of families for benefits. The department shall 08 determine the eligibility of families for day [CHILD] care benefits on the basis of the 09 following factors: 10 (1) income of the family including salary, alimony, child support, 11 retirement benefits, social security, and any other source of income; 12 (2) number of children in the family; 13 (3) whether there is one parent or guardian solely responsible for the 14 care of the family. 15 * Sec. 12. AS 47.25.031, as amended by sec. 11 of this Act, is amended to read: 16 Sec. 47.25.031. Eligibility of families for benefits. The department shall 17 determine the eligibility of families for child [DAY] care benefits on the basis of the 18 following factors: 19 (1) income of the family including salary, alimony, child support, 20 retirement benefits, social security, and any other source of income; 21 (2) number of children in the family; 22 (3) whether there is one parent or guardian solely responsible for the 23 care of the family. 24 * Sec. 13. AS 47.25.041 is amended to read: 25 Sec. 47.25.041. Contributions by parent or guardian. The department shall 26 develop a sliding fee scale based on the factors listed in AS 47.25.031 for purposes of 27 determining the amount to be contributed by the parent or guardian for child care [; 28 THE AMOUNT MAY NOT EXCEED SEVEN PERCENT OF THE FAMILY 29 MONTHLY INCOME]. The contribution of the parent or guardian shall be paid to the 30 day [CHILD] care facility. 31 * Sec. 14. AS 47.25.041, as amended by sec. 13 of this Act, is amended to read:
01 Sec. 47.25.041. Contributions by parent or guardian. The department shall 02 develop a sliding fee scale based on the factors listed in AS 47.25.031 for purposes of 03 determining the amount to be contributed by the parent or guardian for child care; the 04 amount may not exceed seven percent of the family monthly income. The 05 contribution of the parent or guardian shall be paid to the child [DAY] care facility. 06 * Sec. 15. AS 47.25.051(a) is amended to read: 07 (a) Parents or guardians shall select the day [CHILD] care facility for the care 08 of their children. 09 * Sec. 16. AS 47.25.051(a), as amended by sec. 15 of this Act, is amended to read: 10 (a) Parents or guardians shall select the child [DAY] care facility for the care 11 of their children. 12 * Sec. 17. AS 47.25.051(b) is amended to read: 13 (b) Benefits shall be paid by the department directly to the municipality or 14 organization contracting with the day [CHILD] care facility. 15 * Sec. 18. AS 47.25.051(b), as amended by sec. 17 of this Act, is amended to read: 16 (b) Benefits shall be paid by the department directly to the municipality or 17 organization contracting with the child [DAY] care facility. 18 * Sec. 19. AS 47.25.051 is amended by adding a new subsection to read: 19 (d) The department shall use a market rate study or a cost of care study to 20 establish a subsidy rate for each region served by the program established under 21 AS 47.25.001. The department shall use the subsidy rate to determine the amount of 22 benefits payable by the department under (b) of this section. 23 * Sec. 20. AS 47.25.071(b) is amended to read: 24 (b) To qualify for a grant under (a) or (d) of this section, the child care facility 25 must 26 (1) be currently licensed under AS 47.32 and applicable municipal 27 licensing requirements; 28 (2) participate in the day [CHILD] care assistance program under 29 AS 47.25.001 - 47.25.095; and 30 (3) provide care under a payment system as provided in (g) of this 31 section [; AND
01 (4) BE DESIGNATED AS A QUALITY CHILD CARE FACILITY 02 BY THE DEPARTMENT]. 03 * Sec. 21. AS 47.25.071(b), as amended by sec. 20 of this Act, is amended to read: 04 (b) To qualify for a grant under (a) or (d) of this section, the child care facility 05 must 06 (1) be currently licensed under AS 47.32 and applicable municipal 07 licensing requirements; 08 (2) participate in the child [DAY] care assistance program under 09 AS 47.25.001 - 47.25.095; [AND] 10 (3) provide care under a payment system as provided in (g) of this 11 section; and 12 (4) be designated as a quality child care facility by the department. 13 * Sec. 22. AS 47.25.071(g) is amended to read: 14 (g) Each [A] child care facility receiving a grant under (a) or (d) of this 15 section shall 16 [(1)] assure that at least 15 percent or one of its child care spaces 17 receiving subsidy under this section, whichever is greater, will be made available, if 18 requested, to children eligible for day [CHILD] care assistance under AS 47.25.001 - 19 47.25.095, whose parents or guardians wish to pay for care based on attendance only [; 20 (2) GIVE PRIORITY TO CHILDREN FROM LOW-INCOME 21 FAMILIES WHEN FILLING AVAILABLE CHILD CARE SPACES IN THE 22 FACILITY]. 23 * Sec. 23. AS 47.25.071(g), as amended by sec. 22 of this Act, is amended to read: 24 (g) A [EACH] child care facility receiving a grant under (a) or (d) of this 25 section shall 26 (1) assure that at least 15 percent or one of its child care spaces 27 receiving subsidy under this section, whichever is greater, will be made available, if 28 requested, to children eligible for child [DAY] care assistance under AS 47.25.001 - 29 47.25.095, whose parents or guardians wish to pay for care based on attendance only; 30 (2) give priority to children from low-income families when filling 31 available child care spaces in the facility.
01 * Sec. 24. AS 47.25.071(h) is amended to read: 02 (h) The department shall, in consultation with interested child care 03 providers [A CHILD CARE RESOURCE AND REFERRAL AGENCY IN THE 04 STATE] and parents, adopt regulations to carry out the purposes of this section [, 05 INCLUDING CRITERIA USED TO DESIGNATE A CHILD CARE FACILITY AS 06 A QUALITY CHILD CARE FACILITY UNDER (b)(4) OF THIS SECTION]. 07 * Sec. 25. AS 47.25.071(h), as amended by sec. 24 of this Act, is amended to read: 08 (h) The department shall, in consultation with a child care resource and 09 referral agency in the state [INTERESTED CHILD CARE PROVIDERS] and 10 parents, adopt regulations to carry out the purposes of this section, including criteria 11 used to designate a child care facility as a quality child care facility under (b)(4) 12 of this section. 13 * Sec. 26. AS 47.25.071 is amended by adding new subsections to read: 14 (k) In addition to the grants provided in (a) and (d) of this section, the 15 department may, subject to appropriations for that purpose, provide grants to the 16 highest performing and highest quality child care facilities in the state. The department 17 may use quality recognition and improvement system metrics to determine the highest 18 performing and highest quality child care facilities in the state. To receive a grant 19 under this subsection, the child care facility must be currently licensed under AS 47.32 20 and applicable municipal licensing requirements. 21 (l) A child care facility receiving a grant under (a) or (d) of this section may 22 not deny a child acceptance to the facility based on disability or socioeconomic status. 23 * Sec. 27. AS 47.25.095(2) is amended to read: 24 (2) "day [CHILD] care" means the care, supervision, and guidance of 25 a child or children unaccompanied by a parent or legal guardian on a regular basis for 26 periods of less than 24 hours a day; 27 * Sec. 28. AS 47.25.095(2), as amended by sec. 27 of this Act, is amended to read: 28 (2) "child [DAY] care" means the care, supervision, and guidance of a 29 child or children unaccompanied by a parent or legal guardian on a regular basis for 30 periods of less than 24 hours a day; 31 * Sec. 29. AS 47.25.095(3) is amended to read:
01 (3) "child care facility" means an establishment licensed as a child care 02 facility under AS 47.32, including day care centers, family day care homes, and 03 schools for preschool age children, that provides care for children not related by 04 blood, marriage, or legal adoption to the owner, operator, or manager of the facility 05 [OR AN ESTABLISHMENT RECOGNIZED BY THE FEDERAL GOVERNMENT 06 FOR THE CARE OF CHILDREN]; 07 * Sec. 30. AS 47.25.095(3), as amended by sec. 29 of this Act, is amended to read: 08 (3) "child care facility" means an establishment licensed as a child care 09 facility under AS 47.32 [, INCLUDING DAY CARE CENTERS, FAMILY DAY 10 CARE HOMES, AND SCHOOLS FOR PRESCHOOL AGE CHILDREN,] that 11 provides care for children not related by blood, marriage, or legal adoption to the 12 owner, operator, or manager of the facility or an establishment recognized by the 13 federal government for the care of children; 14 * Sec. 31. AS 47.25.095 is amended by adding a new paragraph to read: 15 (7) "day care facility" means a center or home licensed in accordance 16 with the provisions of AS 47.32 as a child care facility or recognized by the federal 17 government for the care of children. 18 * Sec. 32. AS 47.25.095(7), enacted by sec. 31 of this Act, is repealed. 19 * Sec. 33. AS 47.25.051(c), 47.25.071(i), and 47.25.071(j) are repealed. 20 * Sec. 34. Sections 47 and 49, ch. 15, SLA 2024, are repealed. 21 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CHILD CARE AND DEVELOPMENT FUND PLAN FEDERAL APPROVAL. To 24 the extent necessary to implement sec. 6 of this Act, the Department of Health shall amend 25 and submit for federal approval the state plan for the state's child care assistance program 26 under the federal child care and development fund program, consistent with AS 47.25.001(a), 27 as amended by sec. 6 of this Act. 28 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 RETROACTIVITY. This Act is retroactive to July 23, 2024. 31 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 6 of this Act takes effect 03 only if, on or before January 1, 2026, the United States Department of Health and Human 04 Services 05 (1) approves the amendment to the state plan for the child care assistance 06 program under the federal child care and development fund program, consistent with 07 AS 47.25.001(a), as amended by sec. 6 of this Act; or 08 (2) determines that approval of the amendment to the state plan for the child 09 care assistance program is not necessary. 10 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 11 days after the United States Department of Health and Human Services approves the 12 amendment to the state plan or determines that approval is not necessary under (a)(1) or (2) of 13 this section. 14 * Sec. 38. If sec. 6 of this Act takes effect, it takes effect on the day after the date the United 15 States Department of Health and Human Services approves the corresponding amendment to 16 the state plan or determines that approval is not necessary. 17 * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect immediately under 18 AS 01.10.070(c).