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, "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."                                                                         
                                                                                                                                
4:08:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS,  as  prime  sponsor,  gave  a  PowerPoint                                                               
presentation, titled  "Raising Wages and Benefits  for Child Care                                                               
Workers (HB  46)" [hard copy  included in the  committee packet].                                                               
He provided  a brief  history of HB  46.  Moving  to slide  2, he                                                               
stated that  the problem is  that the  child care sector  has low                                                               
wages and  few benefits, and this  has resulted in a  shortage of                                                               
workers.  He  added that the COVID-19 pandemic  has increased the                                                               
shortage of adequate child care.                                                                                                
                                                                                                                                
REPRESENTATIVE  FIELDS  directed  attention  to  slide  3,  which                                                               
showed a report  which related that employment in  the child care                                                               
sector has decreased by 7 percent.   On slide 4, he highlighted a                                                               
report which shows that 2 more  child care centers have closed in                                                               
Juneau, while there are none in Valdez.                                                                                         
                                                                                                                                
4:12:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS advanced to  slide 5, expressing the belief                                                               
that the inadequate  amount of child care in Alaska  is playing a                                                               
part  in the  outmigration from  the state.   He  added that  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  collective bargaining  for child                                                               
care employees.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  FIELDS directed  attention  to  slide 7,  stating                                                               
that  the goals  of HB  46 are  to give  these workers  a "living                                                               
wage" in order to increase the  supply of child care.  He advised                                                               
that many families  cannot afford to pay more for  child care, so                                                               
this should  be done  without increasing prices.   He  added that                                                               
public policy  on child  care 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, pointing  out that                                                               
major Alaska  employers are  raising concerns  about the  lack of                                                               
adequate child care  in Alaska, and child care is  one of the top                                                               
three issues for the Alaska Chamber of Commerce.                                                                                
                                                                                                                                
REPRESENTATIVE FIELDS  concluded by  explaining how  the proposed                                                               
legislation would work.  He  explained that the Alaska Department                                                               
of  Labor and  Workforce  Development would  conduct an  election                                                               
which  would  ask whether  child  care  workers would  engage  in                                                               
sectoral   bargaining  with   the  state.     If   it  is   voted                                                               
affirmatively, a  union would  be created  to negotiate  with the                                                               
state for wages and benefits.   He added that the bill would also                                                               
establish a child care trust fund.                                                                                              
                                                                                                                                
4:17:37 PM                                                                                                                    
                                                                                                                                
BLUE  SHIBLER, Executive  Director, Southeast  Alaska Association                                                               
for the  Education of Young Children,  provided invited testimony                                                               
on HB 46.  She expressed  the opinion that there have always been                                                               
issues with  child care  shortages.  She  explained that  this is                                                               
because  child care  centers do  not have  "a very  good business                                                               
model."  These centers have a  single source of revenue, with the                                                               
charge being  limited to  what families can  pay.   She suggested                                                               
that, prior  to the  COVID-19 pandemic, it  was possible  to find                                                               
employees  who  would  do  the  work  because  they  enjoyed  it;                                                               
however,  rising costs  of living  have forced  a choice  between                                                               
having an enjoyable job or a  higher-paying job.  She pointed out                                                               
that Juneau's  child care centers  have the capacity to  care for                                                               
more children,  but there  are not  enough employees  to increase                                                               
enrollment.  She  described the current business  model for child                                                               
care as  a "market failure,"  and she  described child care  as a                                                               
"public  good."    She  asserted   that  the  solution  would  be                                                               
investment by the state into the child care sector.                                                                             
                                                                                                                                
4:21:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX   inquired  about  the   organizations  that                                                               
Southeast Alaska Association for  the Education of Young Children                                                               
represents.                                                                                                                     
                                                                                                                                
MS.  SHIBLER  explained  that the  association  provides  support                                                               
mechanisms rather than representation.   In response to a follow-                                                               
up question, she  said that the majority of the  money child care                                                               
centers receive  is from  the parents' tuition.   She  added that                                                               
there are subsidies available for families with lower incomes.                                                                  
                                                                                                                                
4:23:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  requested an  explanation of  the label                                                               
"market failure" concerning child care centers.                                                                                 
                                                                                                                                
MS. SHIBLER  responded that,  as a business,  no profit  is being                                                               
made and  a worthy  wage is  not provided.   She  contrasted this                                                               
with a  traditional business where  goods or service  costs could                                                               
be  raised  to close  the  gap;  however, child  care  businesses                                                               
cannot do this because parents would not be able to pay.                                                                        
                                                                                                                                
4:25:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  questioned  whether  a  state  subsidy                                                               
would  be the  only  way for  these businesses  to  survive.   He                                                               
questioned where the  state would receive an  "injection of cash"                                                               
for this purpose.                                                                                                               
                                                                                                                                
MS. SHIBLER  answered that child  care 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  business                                                               
costs, whereas child  care centers are unable to  do this because                                                               
it becomes  unaffordable for  families.   She concluded  that the                                                               
lack of  ability to make a  profit means fewer people  attempt to                                                               
start this  business.  In  response to a follow-up  question, she                                                               
expressed the belief  that the child care  sector needs subsidies                                                               
to  remain operational.   She  observed that  the issue  is being                                                               
acknowledged in other states and at the national level.                                                                         
                                                                                                                                
4:27:31 PM                                                                                                                    
                                                                                                                                
MS.  SHIBLER,  in   response  to  a  series   of  questions  from                                                               
Representative  Saddler,  answered  that,  in  her  20  years  of                                                               
experience,  the issue  of  low  profits and  wages  has been  an                                                               
ongoing  problem, and  the increase  in  the cost  of living  has                                                               
exacerbated the  problem.  In  response to a  follow-up question,                                                               
she said that child care  prices are generally similar across the                                                               
sector and  largely paid for by  the parents.  She  answered that                                                               
the Department  of Health  (DOH) receives  block grants  from the                                                               
federal government  and is responsible  for deciding on  the best                                                               
usage of this money in regard  to child care.  She continued that                                                               
the  federal  money  used in  the  Childcare  Assistance  Subsidy                                                               
Program  pays providers  on  behalf of  parents  who qualify  for                                                               
assistance.  Other money is  used for training purposes; however,                                                               
federal money  does not  cover increasing  wages or  benefits for                                                               
workers.   She  expressed  uncertainty concerning  the amount  of                                                               
federal money going towards wages.                                                                                              
                                                                                                                                
4:32:29 PM                                                                                                                    
                                                                                                                                
PEARL  BROWER, PhD,  CEO,  Ukpeagvik  Inupiat Corporation  (UIC),                                                               
provided invited testimony on HB  46.  She stated that workplaces                                                               
across the state are facing shortages,  and this has made it more                                                               
difficult for  parents to return to  work.  She said  that one of                                                               
the  reasons her  family moved  from Utqiagvik  to Anchorage  was                                                               
because  of the  difficulty finding  child care.   She  continued                                                               
that   the  lack   of  available   child  care   causes  economic                                                               
instability for  families, leaves  children at  a higher  risk of                                                               
neglect, and makes  it difficult for employers  to fill available                                                               
positions.                                                                                                                      
                                                                                                                                
4:36:28 PM                                                                                                                    
                                                                                                                                
DR. BROWER, in  response to Representative Prax,  stated that UIC                                                               
is  a  for-profit  organization.   In  response  to  a  follow-up                                                               
question, she said  that even if the corporation  were to provide                                                               
child  care benefits  to  employees, there  would  not be  enough                                                               
child care providers to care for every child.                                                                                   
                                                                                                                                
REPRESENTATIVE PRAX  suggested that  the solution may  require an                                                               
increase in the cost of child  care, either paid for by the state                                                               
or by private employers.                                                                                                        
                                                                                                                                
4:39:03 PM                                                                                                                    
                                                                                                                                
CHRISTINA  EUBANKS,  Executive   Director,  Hillcrest  Children's                                                               
Center, provided  invited testimony  on HB 46.   She  stated that                                                               
finding employees has been a continuous  issue in her 20 years of                                                               
working in  child care.   She suggested that  this is one  of the                                                               
lowest  paying professions  in  the state,  which  causes a  high                                                               
level of  turnover.  She  expressed the belief that  the industry                                                               
should have  a voice  in how  federal grants  for child  care are                                                               
being spent.   She argued  this because  of the direct  impact on                                                               
the operations and cost of child care centers.                                                                                  
                                                                                                                                
4:41:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX questioned why prices have not increased.                                                                   
                                                                                                                                
MS. EUBANKS responded that nothing  is preventing price increases                                                               
and explained  that prices  have already  increased.   She stated                                                               
that  there is  an expected  price increase  of 6  percent to  10                                                               
percent this  year, and this  has the consequences of  child care                                                               
only being affordable for parents with high incomes.                                                                            
                                                                                                                                
4:42:47 PM                                                                                                                    
                                                                                                                                
MS. EUBANKS,  in response  to Representative  Saddler, reiterated                                                               
that raising prices  would make child care  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,  addressing earlier questions,  added that                                                               
not investing  in child  care would  create an  environment where                                                               
only  high-income  families would  be  able  to  afford it.    He                                                               
deduced  that this  results in  a decrease  in economic  capacity                                                               
because families are pushed out  of the workforce.  He reiterated                                                               
that the  proposed bill would create  a child care trust  fund to                                                               
allow the  state to invest more  in child care, similar  to other                                                               
places in the world.                                                                                                            
                                                                                                                                
4:49:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER questioned  the  role DOH  would play  in                                                               
collective  bargaining.   He  questioned  who  would provide  the                                                               
funding.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  FIELDS said  the model  would be  similar to  the                                                               
Alaska  Higher  Education Investment  Fund.    He continued  that                                                               
subsidized slots  do not cover  the entire  cost of tuition  at a                                                               
child care  center; therefore, child  care centers pass  the cost                                                               
to the parents who can pay.                                                                                                     
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for a  breakdown of  the costs  of                                                               
child care paid  for by families and the grants  from the federal                                                               
government.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FIELDS, referencing  the  child  care center  his                                                               
family uses, stated that subsidized  slots are available, meaning                                                               
the  state pays  for the  child  care of  children whose  parents                                                               
qualify.  He  added that some states have expanded  the level for                                                               
eligibility for subsidies, and this  helps provide child care for                                                               
a wider range  of families; therefore, the number  of people able                                                               
to work increases.                                                                                                              
                                                                                                                                
4:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX expressed  concern  that  the proposed  bill                                                               
would  result in  a continuously  expanding  eligibility for  the                                                               
subsidy.  He compared it to the current issues facing Medicare.                                                                 
                                                                                                                                
4:54:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  questioned whether home-based  child care                                                               
providers would be covered by the proposed 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 child care workers.                                                                                     
                                                                                                                                
4:55:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE questioned  whether HB  46 could  cause                                                               
prices  to  increase for  some  parents  if  the subsidy  is  not                                                               
expanded.                                                                                                                       
                                                                                                                                
REPRESENTATIVE FIELDS  answered that the  goal is to  keep prices                                                               
down  for parents.    He  expressed the  belief  that child  care                                                               
providers  should be  a greater  part of  the discussion  because                                                               
they have  the best  idea of  how to serve  families.   He stated                                                               
that  the  bill  would  create a  framework  giving  providers  a                                                               
greater voice,  as it would  not be a  mandate on a  certain wage                                                               
for child care  employees.  In response to  a follow-up question,                                                               
he stated  that currently there  is not  a specific amount  to be                                                               
placed into the child care trust fund that HB 46 would create.                                                                  
                                                                                                                                
4:59:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  questioned the  amount of  childcare paid                                                               
for privately versus the amount paid for by the government.                                                                     
                                                                                                                                
REPRESENTATIVE  FIELDS recapped  that the  vast majority  is paid                                                               
for  privately  by  parents,  with  some  slots  subsidized  with                                                               
government  funds.   In  response  to  a follow-up  question,  he                                                               
stated  that the  idea behind  the trust  fund would  be to  give                                                               
child  care providers  a greater  say in  how the  federal grants                                                               
would be used.   He reiterated the opinion that  providers have a                                                               
better idea what would be most effective.                                                                                       
                                                                                                                                
5:01:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT questioned  the amount  of money  received                                                               
from the federal grants per year.                                                                                               
                                                                                                                                
REPRESENTATIVE  FIELDS  expressed   uncertainty  and  offered  to                                                               
follow up with the committee at a later time.                                                                                   
                                                                                                                                
REPRESENTATIVE  WRIGHT explained  the  Worthy  Wage Campaign  and                                                               
asked whether the bill was related to this.                                                                                     
                                                                                                                                
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