Legislature(2023 - 2024)BUTROVICH 205
04/11/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HCR15 | |
| Presentation: Behavorial Health Roadmap for Alaska Youth | |
| HB371 | |
| HB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 371 | TELECONFERENCED | |
| *+ | HCR 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 89 | TELECONFERENCED | |
HB 89-CHILD CARE: TAX CREDITS/ASSISTANCE/GRANTS
4:26:10 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of CS FOR HOUSE BILL NO. 89(FIN) "An Act relating
to education tax credits for certain payments and contributions
for child care and child care facilities; relating to the
insurance tax education credit, the income tax education credit,
the oil or gas producer education credit, the property tax
education credit, the mining business education credit, the
fisheries business education credit, and the fisheries resource
landing tax education credit; renaming the day care assistance
program the child care assistance program; relating to the child
care assistance program and the child care grant program;
providing for an effective date by amending the effective date
of secs. 1, 2, and 21, ch. 61, SLA 2014; and providing for an
effective date."
4:26:49 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, Juneau, Alaska, provided a brief overview by
sharing the first paragraph of the sponsor statement:
[Original punctuation provided.]
House Bill 89 is a workforce bill that aligns with the
Governor's Child Care Task Force on Child Care
recommendations. This bill will incentivize the
private sector to offer child care benefits to their
employees to fill jobs essential for economic growth,
expand the number of families that can access
assistance, and aligns funding to the actual cost of
care.
4:27:49 PM
CHAIR WILSON found no questions and solicited a motion.
4:27:57 PM
SENATOR TOBIN moved to adopt Amendment 1, work order 33-
LS0518\U.8, to HB 89.
33-LS0518\U.8
Dunmire/Bergerud
4/1/24
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR TOBIN
TO: CSHB 89(FIN)
Page 20, line 31:
Delete "Each"
Insert "A [EACH]"
Page 21, line 1, following "shall":
Insert "(1)"
Page 21, line 4, following "only":
Insert ";
(2) give priority to children from low-
income families when filling available child
care spaces in the facility"
Page 21, line 5:
Delete "a new subsection"
Insert "new subsections"
Page 21, following line 12:
Insert a new subsection to read:
"(j) A child care facility receiving a
grant under (a) or (d) of this section may not
deny a child acceptance to the facility based on
disability or socioeconomic status or suspend or
expel a child from the facility."
4:28:05 PM
CHAIR WILSON objected for purposes of discussion.
4:28:07 PM
SENATOR TOBIN explained that Amendment 1 makes several changes
to HB 371 and began with a general overview of tax credits. She
clarified that tax credits allow a company to use funds it would
owe in taxes for the public good, essentially turning these
funds into public dollars. Drawing a comparison to Multnomah
County's preschool-for-all model, she described how the county
uses a public-voted tax to subsidize child care for all
children, with specific stipulations for equitable access
regardless of background, language, developmental needs, income,
or housing stability. She noted that while HB 89 supports
employers establishing childcare facilities for employees.
4:31:06 PM
SENATOR TOBIN said Amendment 1 adds a provision to HB 89 on page
21, line 17, by prioritizing access for low-income families to
any unfilled slots. This is particularly important for children
in her district, many of whom are from low-income families
unable to benefit from the proposed subsidies. The amendment
also adds language to prevent childcare facilities using public
funds from denying access to children based on disability or
socioeconomic status, and it prohibits suspensions or expulsions
from these facilities. Citing Multnomah County's model, she
emphasized that prohibiting suspensions and expulsions provides
stability for families and prevents discrimination, asserting
that these conditions are essential when public dollars support
a facility.
4:32:05 PM
SENATOR GIESSEL expressed concern that Amendment 1 would prevent
childcare facilities from expelling or suspending a child who is
causing harm to others. She emphasized that this is a serious
issue for her and stated she could not support the amendment
under these conditions.
SENATOR TOBIN said she would be happy to consider an amendment
to the amendment.
4:32:42 PM
At ease
4:33:43 PM
CHAIR WILSON reconvened the meeting.
4:33:48 PM
SENATOR GIESSEL moved to adopt a Conceptual Amendment to
Amendment 1 (U.8). She proposed the removal of line 21, which
reads "or suspend or expel a child from the facility."
4:34:07 PM
CHAIR WILSON found no objection and the Conceptual Amendment to
Amendment 1 was adopted.
4:34:12 PM
CHAIR WILSON asked if there was further discussion on Amendment
1, as amended.
4:34:27 PM
CHAIR WILSON said for reference purposes he hoped that the next
committee of referral would create an amendment defining low-
income for the purpose of giving priority to low-income families
when filling available slots at facilities.
4:35:08 PM
SENATOR WILSON removed his objection and found no further
objection.
4:35:18 PM
CHAIR WILSON announced that Amendment 1 (U.8), as amended, was
adopted.
4:35:25 PM
CHAIR WILSON moved to adopt Amendment 2, work order 33-
LS0518\U.9, to HB 89.
33-LS0518\U.9
Bergerud
3/29/24
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR WILSON
TO: CSHB 89(FIN)
Page 19, line 2, following "size":
Insert ", unless the family is otherwise exempt
from income eligibility requirements"
4:35:41 PM
SENATOR KAUFMAN object for purpose of discussion.
4:35:59 PM
LEAH VAN KIRK, Health Care Policy Advisor, Office of the
Commissioner, Department of Health, Juneau, Alaska, explained
that Amendment 2 aims to align the current system with proposed
changes. She noted that some families qualify for eligibility
based on federal criteria, such as foster care status or receipt
of public benefits. Amendment 2 is intended to preserve these
federally regulated eligibility criteria, ensuring that these
families continue to qualify under the updated system.
4:37:04 PM
SENATOR KAUFMAN removed his objection.
4:37:12 PM
CHAIR WILSON found no further objection and Amendment 2 (U.9)
was adopted.
4:37:16 PM
CHAIR WILSON solicited a motion.
4:37:17 PM
SENATOR TOBIN moved to adopt Amendment 3, work order 33-
LS0518\U.10, to HB 89.
33-LS0518\U.10
Bergerud
4/9/24
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR TOBIN
TO: CSHB 89(FIN)
Page 20, line 27:
Delete "and"
Insert "[AND]"
Page 20, line 29, following "section":
Insert "; and
(4) be designated as a quality child care
facility by the department"
Page 21, following line 4:
Insert a new bill section to read:
"* Sec. 33. AS 47.25.071(h) is amended to read:
(h) The department shall, in consultation with a
child care resource and referral agency in the state
[INTERESTED CHILD CARE PROVIDERS] and parents, adopt
regulations to carry out the purposes of this section,
including criteria used to designate a child care
facility as a quality child care facility under (b)(4)
of this section."
Renumber the following bill sections accordingly.
Page 22, line 21:
Delete "sec. 40"
Insert "sec. 41"
4:37:21 PM
CHAIR WILSON objected for purposes of discussion.
4:37:24 PM
SENATOR TOBIN explained that Amendment 3 incorporates
discussions from the Child Care Task Force regarding the
definition of "quality" in child care facilities. She noted that
while "quality" is frequently emphasized by child care providers
and Department of Health representatives, a clear and measurable
definition is still under development in regulation. Amendment 3
ensures that any facility receiving subsidies must be designated
as a quality child care facility by the department. She
clarified that Amendment 3 does not define "quality" directly;
instead, it ensures that the Department of Health, in
consultation with child care resource and referral agencies,
develops the definition collaboratively, based on stakeholder
expertise and experience. She reiterated that as public funds in
the form of tax credits are used, it is important to set a high
standard, requiring facilities receiving subsidies to meet a
defined quality level that reflects the community's needs and
expectations.
4:39:46 PM
CHAIR WILSON said the bill sponsor had statements.
4:39:55 PM
ELEILIA PRESTON, Staff, Representative Julie Coulombe, Alaska
State Legislature, Juneau, Alaska, acknowledged that the intent
of Amendment 3 is to ensure high-quality childcare because it is
beneficial, and everyone wants children to have the best
possible experience. However, she expressed concern that adding
new regulations could exacerbate challenges in areas already
experiencing a childcare shortage, or "childcare desert." She
said her hesitation stemmed from the possibility that these
additional requirements might impose unnecessary regulatory
burdens.
4:41:03 PM
MS. VAN KIRK shared insights from the recent in-person
Governor's Task Force meeting, where there was a robust
discussion on integrating quality into the childcare licensing
process. She emphasized that the childcare grant being discussed
applies to providers who are already licensed or approved, with
grant funds based on child attendance. Licensing itself serves
as a baseline indicator of quality, and since 2016, the
Department has further supported quality through the "Learn &
Grow" system, a quality recognition and improvement program that
has standards built into it. Different from accreditation, the
system provides coaching, cohort support, and incentives based
on achievement levels. She noted that during the Task Force
discussion, members emphasized the importance of not undermining
existing supports that providers depend on. The Child Care
Grant, while small (capped at $50 per child), is essential to
many providers. The Task Force recommended maintaining the
current grant formula but adding incentives for providers
participating in "Learn & Grow," allowing them to qualify for
additional funding if they meet Level 1 criteria of the program
delivered by Thread.
4:43:44 PM
SENATOR DUNBAR expressed support for the Amendment 3, noting it
addresses some of his areas of interest. He shared that he
recently met with childcare providers in critical need of
additional funding, who advocated for Amendment 90 to
significantly raise the grant amount. He asked if Amendment 90
passed on the floor.
MS. VAN KIRK indicated that it did not pass.
4:44:18 PM
SENATOR DUNBAR stated that is unfortunate that it did not pass,
noting that there has been opportunity to directly increase
funding as described, but it has not yet passed. He said he
finds this concerning. He also inquired about the source of the
current $50 per child, asking where the money comes from.
4:44:49 PM
MS. VAN KIRK explained that funding for the Child Care grant is
sourced from federal funds, with some money set aside
specifically for quality initiatives.
4:45:16 PM
CHAIR WILSON pointed out that in HB 89, Section 34, the
eligibility criteria for childcare facility grants could include
home childcare providers who are not family members or
relatives. He emphasized the importance of ensuring that these
grants and quality-related resources are also accessible to
smaller home-based providers who may lack the financial
resources available to larger daycare centers.
4:45:58 PM
MS. VAN KIRK clarified that this funding supports both licensed
childcare homes and childcare centers. She noted that the Child
Care grant is available to all licensed facilities, provided
they accept children who receive a subsidy.
4:46:27 PM
SENATOR DUNBAR expressed his support for Amendment 3,
emphasizing the importance of maintaining quality in childcare.
While he acknowledged concerns about the supply of childcare
services, he noted that there are other strategies to increase
supply alongside quality improvements. He mentioned a recent
measure aimed at expanding supply that unfortunately did not
pass but expressed optimism about future opportunities to
address these issues.
4:47:07 PM
CHAIR WILSON expressed concern that Amendment 3 might lead to
additional costs added to the Department of Education's fiscal
notes. He noted that HB 89 already includes regulatory
requirements and hopes DEED can absorb these costs within the
current fiscal notes attached to the legislation. He cautioned
that the Department often seeks extra funding for tasks it is
already handling.
4:47:57 PM
SENATOR TOBIN clarified that Amendment 3 requires facilities to
be designated as "quality childcare facilities" without
mandating a specific definition of quality. She noted that the
department currently views licensure as the first level of
quality, meaning that licensed facilities already meet initial
expectations. She added that the department is actively working
with early childhood organizations to develop the Alaska System
for Early Education Development (SEED) Program, which really
helps build levels of quality. She suggested that a recognition
program, such as a system of stickers indicating different
levels of achievement, could incentivize facilities to progress
through tiers of quality. This would encourage ongoing
professional development and adherence to standards while
showcasing commitment to high-quality care. She emphasized that
Amendment 3 should not impose additional burdens, as it aligns
with existing efforts that she would like codified to encourage
childcare providers to seek additional levels of quality
standards.
4:49:44 PM
CHAIR WILSON removed his objection; finding no further
objection, Amendment 3 (U.10) was adopted.
4:50:00 PM
SENATOR DUNBAR said he distributed to members a legal memo that
he received at 3:00 pm. He said the memo made some assumptions.
He noted that HB 89 has a $6 million fiscal note and asked for
clarification on whether HB 89 includes only tax credits or also
increases the amount of direct subsidy provided through the
grant program.
4:50:41 PM
MS. VAN KIRK clarified that HB 89 does increase the amount of
subsidies. The current subsidy program, which administers
federal funds, operates through an indirect approach; federal
assistance is considered indirect because eligibility is
determined by the beneficiary, who then selects their provider.
SENATOR DUNBAR acknowledged the information and asked if the
expanded program using state dollars will continue with the
indirect approach or adopt a more direct approach with
providers.
4:51:33 PM
MS. VAN KIRK said it would it the same mechanism and approach
currently used.
SENATOR DUNBAR asked if HB 89 passes, would the program have
state dollars in addition to federal dollars.
4:51:54 PM
MS. VAN KIRK explained that federal funds currently provide
approximately $17 million in subsidies, and the state general
funds indicated in the fiscal note would be an addition.
4:52:10 PM
SENATOR DUNBAR expressed support for supplementing the program
with state general funds but noted that it changes the "color"
of the funding. He highlighted that the legal memo addresses
only the constitutionality of tax credits, noting that while tax
credits are confirmed constitutional, the memo does not fully
apply to the direct subsidy aspect introduced by state funds. He
then inquired about the nature of services provided by these
childcare facilities, asking if they include educational
instruction or simply focus on child supervision and safety
during care hours.
MS. VAN KIRK explained that childcare facilities operate under
licensing requirements focused on health, safety, and
maintaining a quality environment. She clarified that there is
no defined or required educational curriculum for childcare
facilities.
4:53:28 PM
SENATOR DUNBAR asked even if educational instruction is not
required does it does it occur in child care facilities.
MS. VAN KIRK explained that early childhood education in
childcare facilities is less formal and does not involve a
structured curriculum as seen in schools. Instead, learning
happens through activities like play, motor skill development,
and engaging with stimulating environments, all of which support
children's growth and readiness for school. While childcare
facilities are not classified as educational institutions and
are not regulated by the Department of Education and Early
Development, they still foster foundational learning through
these developmental activities.
4:55:03 PM
SENATOR DUNBAR noted that, according to the legal memo,
childcare facilities are not considered educational
institutions, though he finds it interesting that they
essentially function as preschools. He stated that although he
is not on the task force, his experience, including his role on
the Anchorage Assembly, suggests a shift toward making these
facilities more instructional and school-preparatory. He shared
that a childcare provider he recently met uses a curriculum,
indicating a move toward structured early education. He asked if
encouraging more instructional elements and moving beyond mere
supervision accurately represents the intent behind these
efforts.
4:56:05 PM
MS. VAN KIRK responded that the goal is to create an environment
for children that is healthy, safe, and supportive of their
developmental stages, providing a critical foundation for future
learning and school readiness. She clarified that there are no
formal educational requirements in childcare licensing or within
the childcare sector.
4:56:45 PM
CHAIR WILSON asked Senator Dunbar if he is focusing more on pre-
K rather than general childcare, noting that childcare typically
serves children from infancy onward. He suggested that pre-K,
which some school districts offer, may differ from general
childcare in its educational intent and structure.
4:57:08 PM
SENATOR DUNBAR asked what for the age range of child care.
4:57:16 PM
MS. VAN KIRK replied that the age range for child care is zero
to 12 years old.
SENATOR DUNBAR raised concerns about the constitutionality of
using public funds for religious schools through this program,
noting that Alaska's constitution strongly prohibits public
dollars from funding religious education, even more so than
federal guidelines. He pointed out that while tax credits are
constitutionally permissible, the inclusion of direct subsidies
could raise issues if funds go toward religious instruction in a
school-like setting. He said after researching and consulting
with others, he found that while most providers are influenced
by religious valueswhich he believes is constitutionally
acceptablesome might engage in direct religious instruction. He
proposed a potential amendment to specify that grant funding
from this program may not be used for religious instruction. He
asked if this type of amendment would impact providers, as it
seems that most do not currently engage in direct religious
instruction.
4:59:29 PM
MS. VAN KIRK noted that she may need to consult additional
resources to fully address the question, emphasizing that she is
not a lawyer. She explained that, under the federal subsidy
system, funds are allocated indirectly, with the parent or
beneficiary selecting the provider, which aligns with federal
guidelines. She added that childcare licensing is regulated by
the Department of Health rather than the Department of
Education. She offered to gather more information and follow up
on the legal aspects raised.
5:00:34 PM
SENATOR DUNBAR clarified that he is not questioning the ability
of religious organizations to provide childcare or general
education. His concern is specifically about public funds being
used for religious instruction. He asked for the Department's
perspective on whether this practice aligns with constitutional
guidelines and suggested that input from the Department of Law
might be helpful.
5:01:08 PM
SENATOR GIESEL shared her perspective as a parent of three and a
volunteer with foster care organizations, emphasizing that
childcare inherently involves teaching and supporting
developmental milestones, even if the facility is not formally
labeled as educational. She noted that infants, for example,
learn trust, while toddlers learn boundaries, all of which
constitute developmental guidance. She highlighted the
importance of cultural and religious alignment, noting that
families often choose childcare providers that reflect their
values and beliefs, creating a substitute environment that feels
like an extension of their own. She urged the department,
directing her comments to Ms. Van Kirk, to consider these
factors in drafting regulations and policies, balancing the need
for quality standards with respect for parental choice. She
emphasized that families should be able to select a provider
that aligns with their cultural and developmental needs while
still qualifying for financial support.
5:04:02 PM
CHAIR WILSON solicited the will of the committee.
5:04:09 PM
SENATOR KAUFMAN moved to report HB 89, work order 33-LS0518\U,
as amended, from committee with individual recommendations and
attached fiscal note(s).
5:04:24 PM
CHAIR WILSON found no further objection and SCS CSHB 89 (HSS),
was reported from the Senate Health and Social Services Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 371 v. A.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HB 371 Sponsor Presentation.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HB 371 Sponsor Statement.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HB 371 Sectional Analysis.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HB 371 Fiscal Note.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HB 371 LOS ANTHC.PDF |
SHSS 4/11/2024 3:30:00 PM |
HB 371 |
| HCR015A.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| HCR15 Sponsor Statement 04.01.24.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| HCR 15 Fiscal Note LEG-SESS.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| HCR 15 Support Document TDAW Infographic.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| HCR 15 Support Document Mental Health and TD Factsheet.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| 4.11.24 DOH Presentation BH Roadmap.pdf |
SHSS 4/11/2024 3:30:00 PM |
SHSS 4.11.24 DOH Behavioral Health Roadmap for Alaska Youth |
| HB89 DOH responses to SHSS questions.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 89 |
| HB 89 Legal Memo to Dunbar (24-192mis).pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 89 |
| HB 89 LOS Allmeroth.pdf |
SFIN 4/23/2024 9:00:00 AM SHSS 4/11/2024 3:30:00 PM |
HB 89 |
| HCR 15 NAMI Alaska testimony 4.11.24.pdf |
SHSS 4/11/2024 3:30:00 PM |
HCR 15 |
| HB 89 Amendments Nos. 1-3 - adopted 4.11.24.pdf |
SHSS 4/11/2024 3:30:00 PM |
HB 89 |