Bill Text: HI HB1964 | 2024 | Regular Session | Amended
Bill Title: Relating To Early Child Care.
Spectrum: Partisan Bill (Democrat 30-1)
Status: (Engrossed - Dead) 2024-04-26 - Conference committee meeting to reconvene on 04-26-24 4:55 PM; CR 329. [HB1964 Detail]
Download: Hawaii-2024-HB1964-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1964 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO EARLY CHILD CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that a strong child care and early education workforce is necessary to support Hawaii's children, working families, and communities. The legislature further finds that the demand for quality child care and early education far exceeds the number of qualified child care and early education professionals currently available in the State. The legislature also finds that efforts to maintain and expand quality, affordable child care and early education programs are hindered by a lack of qualified child care and early education professionals.
Accordingly, the purpose of this Act is to:
(1) Establish a child care provider subsidy and bonus program to adequately compensate and retain the existing early child care workforce in all licensed and registered child care provider settings; and
(2) Appropriate funds for the child care provider subsidy and bonus program.
SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding two new sections to part VIII, subpart A, to be appropriately designated and to read as follows:
"§346- Child
care provider subsidy and bonus program; established. (a)
The department shall establish and implement a child care provider
subsidy and bonus program that allows:
(1) Infant and
toddler child care centers, group child care centers, and group child care
homes to apply for and receive a subsidy to increase the pay of a child care
center's child care workers to a rate of not less than
$ per hour; or
(2) Family child
care homes to apply for and receive a bonus of at least
$ per year.
(b) The department shall develop standards and
qualifications for application to and participation in the program in
conformity with this section.
(c) Subject to subsection (d), the department
shall allow any licensed or registered child care provider to submit to the
department an application for a subsidy or bonus pursuant to the program. Each application shall include the following:
(1) The name
of the applicant;
(2) The
total amount of the subsidy or bonus requested and a calculation of that
amount;
(3) The amount of
the subsidy that each covered child care worker will receive, or the amount of
the bonus that the family child care home will receive, if the application is
approved;
(4) The name
of each covered child care worker and proof that each covered child care worker
is an employee of a licensed or a registered child care provider;
(5) The age range
of the children for which each covered child care worker or family child care
home provides care;
(6) Proof that
each covered child care worker or family child care home:
(A) Provides
child care at the time of application; and
(B) Complies
with all other federal, state, or county statutes, rules, regulations, or
ordinances necessary to conduct the activities or provide the services for
which a subsidy or bonus is awarded;
(7) Proof that
each applicant and covered child care worker:
(A) Complies
with all applicable federal and state laws prohibiting discrimination against a
person on the basis of race, color, national origin, religion, creed, sex, age,
sexual orientation, or disability; and
(B) Shall
not use state funds for entertainment or lobbying activities or
any other unauthorized uses prohibited by law or as determined by the
department;
(8) An authorization
granting the department, legislative committees and their staff,
and the auditor full access to the applicant's records, reports, files, and
other related documents and information for the purposes of monitoring,
measuring the effectiveness of, and ensuring the proper expenditure of the
subsidy or bonus;
(9) Satisfaction of all standards
that may be required by the source of funding; and
(10) Satisfaction of all
standards prescribed in rules adopted by the department to
implement the program.
(d) The following shall not receive a subsidy or
bonus pursuant to the program:
(1) Any entity that
is part of, owned or operated by, or owned and operated as:
(A) A
nonpublic entity that provides educational services for any
grades from kindergarten through grade twelve;
(B) A
nonpublic entity that provides post-secondary education; or
(C) A
nonpublic entity that provides pre-kindergarten level services
that are provided by an entity that holds itself out to the public as a school
or educational institution, or that are identified by the entity as educational
services rather than solely as child care services;
(2) The department
of education or an entity of the department of education;
(3) Any public
charter school; and
(4) The university
of Hawaii or any entity of the university of Hawaii.
(e) Applications for a subsidy or bonus pursuant
to the program shall be submitted to the department on a form provided by the
department and shall at a minimum contain the information required by subsection
(c). The department or its designee
shall review each application to determine whether each covered child care
worker or family child care home is eligible to receive a subsidy or bonus
moneys and shall make a final decision on each application. The department shall inform each applicant of
the disposition of the applicant's application.
The department shall adopt rules to establish an appeals process for any
denial or partial denial of an application.
(f) The department shall not release public moneys
approved for a subsidy or bonus under this section unless a contract is entered
into between the department and the applicant.
The department shall develop and determine, in consultation with and
subject to review and approval of the department of the attorney general, the
specific contract form to be used.
(g) Appropriations for subsidies and bonuses made
under this section shall be subject to the allotment system generally
applicable to all appropriations made by the legislature.
(h) Each department contract executed pursuant to
this section shall be monitored by the department to ensure compliance with
this section and shall be evaluated annually to determine whether the subsidy
or bonus attained the intended results in the manner contemplated.
(i) Any applicant who withholds or omits any
material fact or deliberately misrepresents facts to the department shall be in
violation of this section and, in addition to other penalties provided by law,
any applicant found to have violated this section or the terms of any contract
executed pursuant to this section shall be prohibited from applying for any
department subsidies or bonuses for a period of five years.
(j) The department may convene and consult
community members to establish best practices, policies, or procedures,
including but not limited to the development of a salary schedule, educational
requirements, and other matters that would assist in the implementation of the
program.
(k) The department shall adopt rules without
regard to chapter 91 to administer the program.
(l) For the
purposes of this section:
"Applicant" means:
(1) An infant and
toddler child care center, a group child care center, or a group child care
home licensed by the department that submits an application for a subsidy
pursuant to the program; or
(2) A family child
care home registered by the department that submits an application for a bonus
pursuant to the program.
"Bonus" means an award
of state funds to a specified family child care home applicant to support the
activities of the family child care home applicant and permit the community to
benefit from those activities.
"Child care worker"
means a lead caregiver, caregiver, teacher, assistant teacher, or child care
aide employed by an infant and toddler child care center, a group child care
center, or a group child care home.
"Covered child care
worker" means a child care worker employed by an infant and toddler child
care center, a group child care center, or a group child care home applicant
whom the applicant proposes will receive all or a portion of the requested
subsidy if the applicant's application is approved.
"Family child care
home" means a family child care home as defined under section 346-151 that
is registered by the department.
"Group child care
center" means a group child care center as defined under section 346-151
that is licensed by the department.
"Group child care home"
means a facility, which may be an extended or modified private home, at which
care is provided for seven to twelve children.
"Infant" means a child
who is six weeks to twelve months of age.
"Infant and toddler child
care center" means a facility licensed by the department, other than a
private home, at which care is provided for infants or toddlers, or both.
"Licensed or registered
child care provider" means a family child care home, group child care
center, group child care home, or infant and toddler child care center licensed
or registered by the department.
"Program" means the
child care provider subsidy and bonus program established pursuant to
subsection (a).
"Subsidy" means an
award of state funds to a specified infant and toddler child care center, a
group child care center, or a group child care home applicant to support the
activities of the applicant and permit the community to benefit from those
activities.
"Toddler" means a child
who is twelve to thirty-six months of age.
§346- Child care provider subsidy and bonus program; reports. The department shall submit annual reports on the development and implementation of the child care provider subsidy and bonus program, including impacts to infant and toddler child care centers, group child care centers, group child care homes, family child care homes, and child care workers, and any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session."
SECTION 3. There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2024-2025 to be deposited into the
child care grant program special fund.
SECTION 4. There is appropriated out of the
child care grant program special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2024-2025 for the child care
provider subsidy and bonus program established by section 2 of this Act.
The sum appropriated shall be expended by
the department of human services for the purposes of this Act.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for full-time equivalent ( FTE) program specialist to carry out the implementation and monitoring of the child care provider subsidy and bonus program established by section 2 of this Act.
The sum appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 6. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriations made in this Act are necessary to serve the public interest; and
(2) The appropriations made in this Act meet the needs addressed by this Act.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
DHS; Child Care Worker Subsidy and Bonus Program; Infant and Toddler Child Care Centers; Group Child Care Centers; Group Child Care Homes; Family Child Care Homes; Reports; General Fund Expenditure Ceiling Exceeded; Appropriation
Description:
Requires the Department of Human Services to establish and implement a child care provider subsidy and bonus program to provide subsidies to retain the existing child care workforce in licensed infant and toddler child care centers, group child care centers, and group child care homes and bonuses to registered family child care homes. Requires annual reports to the Legislature. Makes appropriations. Declares that the general fund expenditure ceiling is exceeded. Takes effect 7/1/3000. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
