Alaska 2025-2026 Regular Session

Alaska Senate Bill SB95 Compare Versions

Only one version of the bill is available at this time.

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2	2	SB0095A -1- SB 95
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5	5	34-LS0446\A
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10	10
11	11	SENATE BILL NO. 95
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE SENATE RULES COMMITTEE
18	18
19	19	Introduced: 2/12/25
20	20	Referred: Health & Social Services, Finance
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the child care assistance program and the child care grant program; 1
28	28	and providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 47.05.030(a) is amended to read: 4
31	31	(a) Except as provided in (b) and (c) of this section and for purposes directly 5
32	32	connected with the administration of general assistance, adult public assistance, the 6
33	33	day [CHILD] care assistance program authorized under AS 47.25.001 - 47.25.095, or
34	34	7
35	35	the Alaska temporary assistance program, and in accordance with the regulations of 8
36	36	the department, a person may not solicit, disclose, receive, make use of, or authorize, 9
37	37	knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or 10
38	38	information concerning, persons applying for or receiving the assistance directly or 11
39	39	indirectly derived from the records, papers, files, or communications of the department 12
40	40	or subdivisions or agencies of the department, or acquired in the course of the 13
41	41	performance of official duties. 14 34-LS0446\A
42	42	SB 95 -2- SB0095A
43	43	New Text Underlined [DELETED TEXT BRACKETED]
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45	45	* Sec. 2. AS 47.05.030(a), as amended by sec. 1 of this Act, is amended to read: 1
46	46	(a) Except as provided in (b) and (c) of this section and for purposes directly 2
47	47	connected with the administration of general assistance, adult public assistance, the 3
48	48	child [DAY] care assistance program authorized under AS 47.25.001 - 47.25.095, or 4
49	49	the Alaska temporary assistance program, and in accordance with the regulations of 5
50	50	the department, a person may not solicit, disclose, receive, make use of, or authorize, 6
51	51	knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or 7
52	52	information concerning, persons applying for or receiving the assistance directly or 8
53	53	indirectly derived from the records, papers, files, or communications of the department 9
54	54	or subdivisions or agencies of the department, or acquired in the course of the 10
55	55	performance of official duties. 11
56	56	* Sec. 3. AS 47.05.085(a) is amended to read: 12
57	57	(a) The commissioner or the commissioner's designee at the director level may 13
58	58	issue subpoenas to compel the production of books, papers, correspondence, 14
59	59	memoranda, and other records considered necessary as evidence in connection with an 15
60	60	investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 16
61	61	(assistance for catastrophic illnesses and acute or chronic medical conditions), 17
62	62	AS 47.25 (day [CHILD] care assistance, child care grants, general relief, adult public 18
63	63	assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). 19
64	64	* Sec. 4. AS 47.05.085(a), as amended by sec. 3 of this Act, is amended to read: 20
65	65	(a) The commissioner or the commissioner's designee at the director level may 21
66	66	issue subpoenas to compel the production of books, papers, correspondence, 22
67	67	memoranda, and other records considered necessary as evidence in connection with an 23
68	68	investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 24
69	69	(assistance for catastrophic illnesses and acute or chronic medical conditions), 25
70	70	AS 47.25 (child [DAY] care assistance, child care grants, general relief, adult public 26
71	71	assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). 27
72	72	* Sec. 5. AS 47.25.001(a) is amended to read: 28
73	73	(a) The department shall 29
74	74	(1) implement and administer a program to assist in providing day 30
75	75	[CHILD] care for the children of low and moderate income families according to the 31 34-LS0446\A
76	76	SB0095A -3- SB 95
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	requirements of AS 47.25.001 - 47.25.095; 1
80	80	(2) establish standards of eligibility for day [CHILD] care benefits [; 2
81	81	THE STANDARDS MUST PROVIDE THAT THE MAXIMUM MONTHLY 3
82	82	HOUSEHOLD INCOME FOR A FAMILY TO BE ELIGIBLE FOR THE 4
83	83	PROGRAM IS 105 PERCENT OF THE MEDIAN MONTHLY HOUSEHOLD 5
84	84	INCOME IN THE STATE, ADJUSTED FOR FAMILY SIZE, UNLESS THE 6
85	85	FAMILY IS OTHERWISE EXEMPT FROM INCOME ELIGIBILITY 7
86	86	REQUIREMENTS]; 8
87	87	(3) contract for the care of children of eligible families; 9
88	88	(4) establish procedures to periodically review the needs of families 10
89	89	receiving day [CHILD] care benefits; 11
90	90	(5) provide notification to the local government body of the request for 12
91	91	a contract with a day [CHILD] care facility; 13
92	92	(6) establish an electronic application for assistance and allow an 14
93	93	applicant to submit an application in electronic format or in other formats required by 15
94	94	state and federal law; the electronic application must inform an applicant that a false 16
95	95	statement made on the application will be investigated and is punishable under 17
96	96	AS 11.56.210 [; 18
97	97	(7) ESTABLISH A PROGRAM TO PARTNER WITH PRIVATE 19
98	98	SECTOR ENTITIES TO CREATE INCENTIVES FOR EMPLOYERS TO 20
99	99	DEVELOP ON-SITE OR NEAR-SITE CHILD CARE]. 21
100	100	* Sec. 6. AS 47.25.001(a), as amended by sec. 5 of this Act, is amended to read: 22
101	101	(a) The department shall 23
102	102	(1) implement and administer a program to assist in providing child 24
103	103	[DAY] care for the children of low and moderate income families according to the 25
104	104	requirements of AS 47.25.001 - 47.25.095; 26
105	105	(2) establish standards of eligibility for child [DAY] care benefits; the 27
106	106	standards must provide that the maximum monthly household income for a 28
107	107	family to be eligible for the program is 105 percent of the median monthly 29
108	108	household income in the state, adjusted for family size, unless the family is 30
109	109	otherwise exempt from income eligibility requirements; 31 34-LS0446\A
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113	113	(3) contract for the care of children of eligible families; 1
114	114	(4) establish procedures to periodically review the needs of families 2
115	115	receiving child [DAY] care benefits; 3
116	116	(5) provide notification to the local government body of the request for 4
117	117	a contract with a child [DAY] care facility; 5
118	118	(6) establish an electronic application for assistance and allow an 6
119	119	applicant to submit an application in electronic format or in other formats required by 7
120	120	state and federal law; the electronic application must inform an applicant that a false 8
121	121	statement made on the application will be investigated and is punishable under 9
122	122	AS 11.56.210; 10
123	123	(7) establish a program to partner with private sector entities to 11
124	124	create incentives for employers to develop on-site or near-site child care. 12
125	125	* Sec. 7. AS 47.25.011 is amended to read: 13
126	126	Sec. 47.25.011. Administrative costs of program contractors. To defray 14
127	127	administrative expenses, a contractor under AS 47.25.001(b) may only retain $1,000 15
128	128	or 12 percent, whichever is greater, of the day [CHILD] care assistance program funds 16
129	129	it receives from the department under the contract. 17
130	130	* Sec. 8. AS 47.25.011, as amended by sec. 7 of this Act, is amended to read: 18
131	131	Sec. 47.25.011. Administrative costs of program contractors. To defray 19
132	132	administrative expenses, a contractor under AS 47.25.001(b) may only retain $1,000 20
133	133	or 12 percent, whichever is greater, of the child [DAY] care assistance program funds 21
134	134	it receives from the department under the contract. 22
135	135	* Sec. 9. AS 47.25.021 is amended to read: 23
136	136	Sec. 47.25.021. Conditions of receipt of benefits. Benefits may be paid for 24
137	137	the care of children of a low or moderate income family only if a parent or guardian, 25
138	138	because of the day [CHILD] care, is freed to work or to seek work or to attend school. 26
139	139	Benefits may not be paid for the care of children of a family where one parent or 27
140	140	guardian is not working, actively seeking work, or attending school and is physically 28
141	141	and mentally capable of caring for the children. 29
142	142	* Sec. 10. AS 47.25.021, as amended by sec. 9 of this Act, is amended to read: 30
143	143	Sec. 47.25.021. Conditions of receipt of benefits. Benefits may be paid for 31 34-LS0446\A
144	144	SB0095A -5- SB 95
145	145	New Text Underlined [DELETED TEXT BRACKETED]
146	146
147	147	the care of children of a low or moderate income family only if a parent or guardian, 1
148	148	because of the child [DAY] care, is freed to work or to seek work or to attend school. 2
149	149	Benefits may not be paid for the care of children of a family where one parent or 3
150	150	guardian is not working, actively seeking work, or attending school and is physically 4
151	151	and mentally capable of caring for the children. 5
152	152	* Sec. 11. AS 47.25.031 is amended to read: 6
153	153	Sec. 47.25.031. Eligibility of families for benefits. The department shall 7
154	154	determine the eligibility of families for day [CHILD] care benefits on the basis of the 8
155	155	following factors: 9
156	156	(1) income of the family including salary, alimony, child support, 10
157	157	retirement benefits, social security, and any other source of income; 11
158	158	(2) number of children in the family; 12
159	159	(3) whether there is one parent or guardian solely responsible for the 13
160	160	care of the family. 14
161	161	* Sec. 12. AS 47.25.031, as amended by sec. 11 of this Act, is amended to read: 15
162	162	Sec. 47.25.031. Eligibility of families for benefits. The department shall 16
163	163	determine the eligibility of families for child [DAY] care benefits on the basis of the 17
164	164	following factors: 18
165	165	(1) income of the family including salary, alimony, child support, 19
166	166	retirement benefits, social security, and any other source of income; 20
167	167	(2) number of children in the family; 21
168	168	(3) whether there is one parent or guardian solely responsible for the 22
169	169	care of the family. 23
170	170	* Sec. 13. AS 47.25.041 is amended to read: 24
171	171	Sec. 47.25.041. Contributions by parent or guardian. The department shall 25
172	172	develop a sliding fee scale based on the factors listed in AS 47.25.031 for purposes of 26
173	173	determining the amount to be contributed by the parent or guardian for child care [; 27
174	174	THE AMOUNT MAY NOT EXCEED SEVEN PERCENT OF THE FAMILY 28
175	175	MONTHLY INCOME]. The contribution of the parent or guardian shall be paid to the 29
176	176	day [CHILD] care facility. 30
177	177	* Sec. 14. AS 47.25.041, as amended by sec. 13 of this Act, is amended to read: 31 34-LS0446\A
178	178	SB 95 -6- SB0095A
179	179	New Text Underlined [DELETED TEXT BRACKETED]
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181	181	Sec. 47.25.041. Contributions by parent or guardian. The department shall 1
182	182	develop a sliding fee scale based on the factors listed in AS 47.25.031 for purposes of 2
183	183	determining the amount to be contributed by the parent or guardian for child care; the 3
184	184	amount may not exceed seven percent of the family monthly income. The 4
185	185	contribution of the parent or guardian shall be paid to the child [DAY] care facility. 5
186	186	* Sec. 15. AS 47.25.051(a) is amended to read: 6
187	187	(a) Parents or guardians shall select the day [CHILD] care facility for the care 7
188	188	of their children. 8
189	189	* Sec. 16. AS 47.25.051(a), as amended by sec. 15 of this Act, is amended to read: 9
190	190	(a) Parents or guardians shall select the child [DAY] care facility for the care 10
191	191	of their children. 11
192	192	* Sec. 17. AS 47.25.051(b) is amended to read: 12
193	193	(b) Benefits shall be paid by the department directly to the municipality or 13
194	194	organization contracting with the day [CHILD] care facility. 14
195	195	* Sec. 18. AS 47.25.051(b), as amended by sec. 17 of this Act, is amended to read: 15
196	196	(b) Benefits shall be paid by the department directly to the municipality or 16
197	197	organization contracting with the child [DAY] care facility. 17
198	198	* Sec. 19. AS 47.25.051 is amended by adding a new subsection to read: 18
199	199	(d) The department shall use a market rate study or a cost of care study to 19
200	200	establish a subsidy rate for each region served by the program established under 20
201	201	AS 47.25.001. The department shall use the subsidy rate to determine the amount of 21
202	202	benefits payable by the department under (b) of this section. 22
203	203	* Sec. 20. AS 47.25.071(b) is amended to read: 23
204	204	(b) To qualify for a grant under (a) or (d) of this section, the child care facility 24
205	205	must 25
206	206	(1) be currently licensed under AS 47.32 and applicable municipal 26
207	207	licensing requirements; 27
208	208	(2) participate in the day [CHILD] care assistance program under 28
209	209	AS 47.25.001 - 47.25.095; and 29
210	210	(3) provide care under a payment system as provided in (g) of this 30
211	211	section [; AND 31 34-LS0446\A
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213	213	New Text Underlined [DELETED TEXT BRACKETED]
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215	215	(4) BE DESIGNATED AS A QUALITY CHILD CARE FACILITY 1
216	216	BY THE DEPARTMENT]. 2
217	217	* Sec. 21. AS 47.25.071(b), as amended by sec. 20 of this Act, is amended to read: 3
218	218	(b) To qualify for a grant under (a) or (d) of this section, the child care facility 4
219	219	must 5
220	220	(1) be currently licensed under AS 47.32 and applicable municipal 6
221	221	licensing requirements; 7
222	222	(2) participate in the child [DAY] care assistance program under 8
223	223	AS 47.25.001 - 47.25.095; [AND] 9
224	224	(3) provide care under a payment system as provided in (g) of this 10
225	225	section; and 11
226	226	(4) be designated as a quality child care facility by the department. 12
227	227	* Sec. 22. AS 47.25.071(g) is amended to read: 13
228	228	(g) Each [A] child care facility receiving a grant under (a) or (d) of this 14
229	229	section shall 15
230	230	[(1)] assure that at least 15 percent or one of its child care spaces 16
231	231	receiving subsidy under this section, whichever is greater, will be made available, if 17
232	232	requested, to children eligible for day [CHILD] care assistance under AS 47.25.001 - 18
233	233	47.25.095, whose parents or guardians wish to pay for care based on attendance only [; 19
234	234	(2) GIVE PRIORITY TO CHILDREN FROM LOW-INCOME 20
235	235	FAMILIES WHEN FILLING AVAILABLE CHILD CARE SPACES IN THE 21
236	236	FACILITY]. 22
237	237	* Sec. 23. AS 47.25.071(g), as amended by sec. 22 of this Act, is amended to read: 23
238	238	(g) A [EACH] child care facility receiving a grant under (a) or (d) of this 24
239	239	section shall 25
240	240	(1) assure that at least 15 percent or one of its child care spaces 26
241	241	receiving subsidy under this section, whichever is greater, will be made available, if 27
242	242	requested, to children eligible for child [DAY] care assistance under AS 47.25.001 - 28
243	243	47.25.095, whose parents or guardians wish to pay for care based on attendance only; 29
244	244	(2) give priority to children from low-income families when filling 30
245	245	available child care spaces in the facility. 31 34-LS0446\A
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249	249	* Sec. 24. AS 47.25.071(h) is amended to read: 1
250	250	(h) The department shall, in consultation with interested child care 2
251	251	providers [A CHILD CARE RESOURCE AND REFERRAL AGENCY IN THE 3
252	252	STATE] and parents, adopt regulations to carry out the purposes of this section [, 4
253	253	INCLUDING CRITERIA USED TO DESIGNATE A CHILD CARE FACILITY AS 5
254	254	A QUALITY CHILD CARE FACILITY UNDER (b)(4) OF THIS SECTION]. 6
255	255	* Sec. 25. AS 47.25.071(h), as amended by sec. 24 of this Act, is amended to read: 7
256	256	(h) The department shall, in consultation with a child care resource and 8
257	257	referral agency in the state [INTERESTED CHILD CARE PROVIDERS] and 9
258	258	parents, adopt regulations to carry out the purposes of this section, including criteria 10
259	259	used to designate a child care facility as a quality child care facility under (b)(4) 11
260	260	of this section. 12
261	261	* Sec. 26. AS 47.25.071 is amended by adding new subsections to read: 13
262	262	(k) In addition to the grants provided in (a) and (d) of this section, the 14
263	263	department may, subject to appropriations for that purpose, provide grants to the 15
264	264	highest performing and highest quality child care facilities in the state. The department 16
265	265	may use quality recognition and improvement system metrics to determine the highest 17
266	266	performing and highest quality child care facilities in the state. To receive a grant 18
267	267	under this subsection, the child care facility must be currently licensed under AS 47.32 19
268	268	and applicable municipal licensing requirements. 20
269	269	(l) A child care facility receiving a grant under (a) or (d) of this section may 21
270	270	not deny a child acceptance to the facility based on disability or socioeconomic status. 22
271	271	* Sec. 27. AS 47.25.095(2) is amended to read: 23
272	272	(2) "day [CHILD] care" means the care, supervision, and guidance of 24
273	273	a child or children unaccompanied by a parent or legal guardian on a regular basis for 25
274	274	periods of less than 24 hours a day; 26
275	275	* Sec. 28. AS 47.25.095(2), as amended by sec. 27 of this Act, is amended to read: 27
276	276	(2) "child [DAY] care" means the care, supervision, and guidance of a 28
277	277	child or children unaccompanied by a parent or legal guardian on a regular basis for 29
278	278	periods of less than 24 hours a day; 30
279	279	* Sec. 29. AS 47.25.095(3) is amended to read: 31 34-LS0446\A
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282	282
283	283	(3) "child care facility" means an establishment licensed as a child care 1
284	284	facility under AS 47.32, including day care centers, family day care homes, and 2
285	285	schools for preschool age children, that provides care for children not related by 3
286	286	blood, marriage, or legal adoption to the owner, operator, or manager of the facility 4
287	287	[OR AN ESTABLISHMENT RECOGNIZED BY THE FEDERAL GOVERNMENT 5
288	288	FOR THE CARE OF CHILDREN]; 6
289	289	* Sec. 30. AS 47.25.095(3), as amended by sec. 29 of this Act, is amended to read: 7
290	290	(3) "child care facility" means an establishment licensed as a child care 8
291	291	facility under AS 47.32 [, INCLUDING DAY CARE CENTERS, FAMILY DAY 9
292	292	CARE HOMES, AND SCHOOLS FOR PRESCHOOL AGE CHILDREN,] that 10
293	293	provides care for children not related by blood, marriage, or legal adoption to the 11
294	294	owner, operator, or manager of the facility or an establishment recognized by the 12
295	295	federal government for the care of children; 13
296	296	* Sec. 31. AS 47.25.095 is amended by adding a new paragraph to read: 14
297	297	(8) "day care facility" means a center or home licensed in accordance 15
298	298	with the provisions of AS 47.32 as a child care facility or recognized by the federal 16
299	299	government for the care of children. 17
300	300	* Sec. 32. AS 47.25.095(8), enacted by sec. 31 of this Act, is repealed. 18
301	301	* Sec. 33. AS 47.25.051(c), 47.25.071(i), and 47.25.071(j) are repealed. 19
302	302	* Sec. 34. Sections 47 and 49, ch. 15, SLA 2024, are repealed. 20
303	303	* Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 21
304	304	read: 22
305	305	CHILD CARE AND DEVELOPMENT FUND PLAN FEDERAL APPROVAL. To 23
306	306	the extent necessary to implement sec. 6 of this Act, the Department of Health shall amend 24
307	307	and submit for federal approval the state plan for the state's child care assistance program 25
308	308	under the federal child care and development fund program, consistent with AS 47.25.001(a), 26
309	309	as amended by sec. 6 of this Act. 27
310	310	* Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 28
311	311	read: 29
312	312	RETROACTIVITY. This Act is retroactive to July 23, 2024. 30
313	313	* Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 31 34-LS0446\A
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316	316
317	317	read: 1
318	318	CONDITIONAL EFFECT; NOTIFICATION. (a) Section 6 of this Act takes effect 2
319	319	only if, on or before January 1, 2026, the United States Department of Health and Human 3
320	320	Services 4
321	321	(1) approves the amendment to the state plan for the child care assistance 5
322	322	program under the federal child care and development fund program, consistent with 6
323	323	AS 47.25.001(a), as amended by sec. 6 of this Act; or 7
324	324	(2) determines that approval of the amendment to the state plan for the child 8
325	325	care assistance program is not necessary. 9
326	326	(b) The commissioner of health shall notify the revisor of statutes in writing within 30 10
327	327	days after the United States Department of Health and Human Services approves the 11
328	328	amendment to the state plan or determines that approval is not necessary under (a)(1) or (2) of 12
329	329	this section. 13
330	330	* Sec. 38. If sec. 6 of this Act takes effect, it takes effect on the day after the date the United 14
331	331	States Department of Health and Human Services approves the corresponding amendment to 15
332	332	the state plan or determines that approval is not necessary. 16
333	333	* Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect immediately under 17
334	334	AS 01.10.070(c). 18