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).]                                                                               
                                                                                                                                
4:17:35 PM                                                                                                                    
                                                                                                                                
[Public testimony was opened.]                                                                                                  
                                                                                                                                
4:17:53 PM                                                                                                                    
                                                                                                                                
CANDACE  RICHEY, Owner,  Candi's Tot  Stop, shared  that she  has                                                               
been  in  business for  17  years.    She  said that  child  care                                                               
providers  have  been  asked  about  their  needs;  however,  she                                                               
expressed  the opinion  that "they  are not  heard."   She stated                                                               
that  HB  46 would  offer  support  to  providers.   She  thanked                                                               
members  who helped  pass similar  legislation through  the House                                                               
last year; however, it was blocked  in the Senate.  She expressed                                                               
hope that the proposed legislation  would make it to the governor                                                               
this year.   She explained  that the  bill would cover  topics of                                                               
concern in  the child care  industry, including  wages, benefits,                                                               
and  retirement.   She  said that  the low  wages  earned in  the                                                               
industry  are  not  a  living   wage,  resulting  in  high  staff                                                               
turnovers.   She shared that  families on her waitlist  for child                                                               
care  consists   of  many  military  service   members,  and  she                                                               
suggested  that  this  lack  of   child  care  is  impacting  the                                                               
[country's] preparedness.   She  explained that benefits  are not                                                               
possible  because  of  the unaffordable  insurance  premiums  for                                                               
small businesses.  She argued  that the bill would give providers                                                               
more of a say  as to where the state funds  marked for child care                                                               
would go.                                                                                                                       
                                                                                                                                
4:21:56 PM                                                                                                                    
                                                                                                                                
BRIAN  HOLST,  Executive  Director, Juneau  Economic  Development                                                               
Council,  explained  that child  care  is  an important  economic                                                               
development issue for the state, as  it provides a high return on                                                               
public investment.   He  suggested that  high quality  early care                                                               
for children  is critical and  pointed out the Heckman  Curve, as                                                               
it shows that investment has  diminishing returns as children get                                                               
older.  He argued that the  lack of child care hurts the economy,                                                               
as data  from 2019 has shown  that $165 million is  lost annually                                                               
from  the state's  economy.    He continued  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  members or friends  for child  care.  He  said that                                                               
every state  ranks child  care readiness,  and 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 would still have                                                               
problems  reading by  the  time they  are in  fourth  grade.   He                                                               
argued that  a lack  of access  to affordable  high-quality child                                                               
care has an  impact on the workforce.  While  employers want more                                                               
child care options, there are  significant barriers, such as cost                                                               
and scarcity.  He explained that  the current model of child care                                                               
in the state  is broken, as wages are  uncompetitive, and workers                                                               
can earn more in an entry level  retail job.  He pointed out that                                                               
operators are  small because of the  cost of rent and  the child-                                                               
to-adult  ratio  requirements.   He  opined  that these  programs                                                               
cannot raise wages without increasing prices.                                                                                   
                                                                                                                                
4:27:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  questioned  whether  businesses  would                                                               
offer child care  services in regard to the  added tax incentives                                                               
for this in the proposed legislation.                                                                                           
                                                                                                                                
MR.  HOLST answered  that, when  businesses  were surveyed,  they                                                               
said  they are  interested in  supporting child  care operations,                                                               
however; he expressed the understanding  that the challenge would                                                               
be in the  size of the business, as smaller  businesses would not                                                               
be able to make these investments.                                                                                              
                                                                                                                                
4:28:37 PM                                                                                                                    
                                                                                                                                
[Public testimony was closed.]                                                                                                  
                                                                                                                                
4:28:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACK  FIELDS, Alaska  State Legislature,  as prime                                                               
sponsor,  addressed  CSHB  46  (L&C).    He  explained  that  the                                                               
proposed legislation has three provisions:  1) it would establish                                                               
the opportunity  for child care providers  to enter intersectoral                                                               
bargaining  with the  state.   Intersectoral  bargaining is  when                                                               
employees and  owners of businesses  bargain with the  state over                                                               
terms  and conditions  of  employment.   This  would include  how                                                               
federal and  state child care funds  are used, and it  would give                                                               
providers more of  a voice concerning any  regulation changes; 2)                                                               
it would establish  a child care trust fund,  allowing savings to                                                               
trickle out  for child care when  state revenues are low;  and 3)                                                               
it  would provide  tax credits  to companies  who participate  in                                                               
helping provide child care.                                                                                                     
                                                                                                                                
4:32:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER questioned the  experience other states may                                                               
have had with intersectoral bargaining agreements.                                                                              
                                                                                                                                
REPRESENTATIVE  FIELDS  explained   that  legislatures  can  only                                                               
implement  sectoral bargaining  for  child care  or farmwork,  as                                                               
these are  the only  two areas excluded  from the  National Labor                                                               
Relations  Act.   He said  that 10  states have  implemented this                                                               
framework, with some being successful.   He shared that last year                                                               
the  House  Labor  and Commerce  Standing  Committee  heard  from                                                               
providers  in  Washington  State,  which  have  this  bargaining.                                                               
These  providers described  how,  over time,  the profession  was                                                               
built up  to a living wage,  which increased the supply  of labor                                                               
and child care.                                                                                                                 
                                                                                                                                
4:35:28 PM                                                                                                                    
                                                                                                                                
EVAN ANDERSON,  Staff, Representative  Zack Fields,  Alaska State                                                               
Legislature, on  behalf of Representative Fields,  prime sponsor,                                                               
gave the sectional  analysis for CSHB 46 (L&C)  [copy included in                                                               
the   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  child care.    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.   He expressed                                                               
the understanding  from Legislative  Legal Services that  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 on the  fiscal note there would  be three                                                               
parts  that  would reduce  the  revenue:  1) broadening  what  is                                                               
allowed to  be an expenditure  on credits and how  many companies                                                               
would  take advantage  of this;  2) expanding  the program  to $3                                                               
million  from the  capped $1  million.   He added  that companies                                                               
often contribute  more than  they can  take as  a credit;  and 3)                                                               
extending the sunset date.                                                                                                      
                                                                                                                                
CHAIR  PRAX suggested  that this  would be  the only  anticipated                                                               
loss  for the  tax revenue,  and  this is  because the  companies                                                               
would donate money to the program.                                                                                              
                                                                                                                                
MR. SPANOS responded in the affirmative.                                                                                        
                                                                                                                                
CHAIR PRAX  asked whether  it would be  a one-to-one  tax credit.                                                               
He also  asked whether  the money  would go  into the  child care                                                               
fund.                                                                                                                           
                                                                                                                                
MR. SPANOS explained  that the tax credit in  current statute has                                                               
changed  over the  years, but  in the  first year  and after  the                                                               
first  $100,000,  50 percent  would  be  applied to  the  credit;                                                               
therefore, it is a 5:1 ratio.                                                                                                   
                                                                                                                                
CHAIR  PRAX  inquired as  to  whether  the proposed  $15  million                                                               
initial appropriation would have  sufficient interest earnings to                                                               
maintain the fund.                                                                                                              
                                                                                                                                
4:48:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  expressed the  opinion that a  $15 million                                                               
fund could be  managed, but it would not be  large enough 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 CSHB 46 (L&C) 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