Connecticut 2024 2024 Regular Session

Connecticut House Bill HB05002 Comm Sub / Bill

Filed 04/22/2024

                     
 
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General Assembly  Substitute Bill No. 5002  
February Session, 2024 
 
 
 
 
AN ACT CONCERNING EARLY CHILDHOOD CARE AND EDUCATION.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 10-511 of the 2024 supplement to the general 1 
statutes is repealed and the following is substituted in lieu thereof 2 
(Effective from passage): 3 
[The Comptroller shall establish] (a) There is established the Early 4 
Childhood Care and Education Fund. Said fund may contain any 5 
moneys required or permitted by law to be deposited in the fund and 6 
[any funds received from any public or private contributions, gifts, 7 
grants, donations, bequests or devises to the fund.] shall receive and 8 
hold all payments and deposits for contributions intended for said fund, 9 
as well as gifts, bequests, endowments or federal, state or local grants 10 
and any other funds from any public or private source and all earnings 11 
until disbursed in accordance with the provisions of this section. 12 
(b) The amounts on deposit in said fund shall not constitute property 13 
of the state and said fund shall not be construed to be a department, 14 
institution or agency of the state. Amounts on deposit in said fund shall 15 
not be commingled with state funds and the state shall have no claim to 16 
or against, or any interest in, such deposits. Any contract entered into 17 
by or any obligation of said fund shall not constitute a debt or obligation 18 
of the state and the state shall have no obligation to any person on 19 
account of said fund and all amounts obligated to be paid from said 20  Substitute Bill No. 5002 
 
 
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fund shall be limited to amounts available for such obligation on deposit 21 
in said fund. Said fund shall continue in existence as long as it holds any 22 
deposits or has any obligations and until its existence is terminated by 23 
law. 24 
(c) The Treasurer shall invest the amounts on deposit in said fund in 25 
a manner reasonable and appropriate to achieve the objectives of said 26 
fund, exercising the discretion and care of a prudent person in similar 27 
circumstances with similar objectives. The Treasurer shall give due 28 
consideration to rate of return, risk, term or maturity, diversification of 29 
the total portfolio within said fund, liquidity, the projected 30 
disbursements and expenditures and the expected payments, deposits, 31 
contributions and gifts to be received. The Treasurer shall not require 32 
said fund to invest directly in obligations of the state or any political 33 
subdivision of the state or in any investment or other fund administered 34 
by the Treasurer. The assets of said fund shall be continuously invested 35 
and reinvested in a manner consistent with the objectives of said fund 36 
until disbursed by the Comptroller in accordance with the provisions of 37 
this section. 38 
(d) The Treasurer, on behalf of said fund and for purposes of said 39 
fund, may: 40 
(1) Receive and invest moneys in said fund in any instruments, 41 
obligations, securities or property in accordance with this section; 42 
(2) Enter into one or more contractual agreements, including 43 
contracts for legal, actuarial, accounting, custodial, advisory, 44 
management, administrative, advertising, marketing and consulting 45 
services for said fund and pay for such services from the assets of said 46 
fund; 47 
(3) Procure insurance in connection with said fund's property, assets, 48 
activities or deposits to said fund; 49 
(4) Apply for and accept gifts, grants or donations from public or 50 
private sources to enable said fund to carry out its objectives; 51  Substitute Bill No. 5002 
 
 
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(5) Adopt regulations in accordance with chapter 54 for purposes of 52 
this section; 53 
(6) Sue and be sued; 54 
(7) Establish one or more accounts within said fund; and 55 
(8) Take any other action necessary to carry out the purposes of this 56 
section and incidental to the duties imposed on the Treasurer pursuant 57 
to this section. 58 
(e) The amounts on deposit in said fund shall be used for the 59 
purposes of supporting early childhood education in, and child care 60 
needs of, the state and shall not be expended for any other purpose. 61 
Sec. 2. (NEW) (Effective from passage) (a) (1) There is established the 62 
Early Childhood Care and Education Fund Advisory Commission, 63 
which shall be part of the Legislative Department. The commission shall 64 
review and report on the financial health and status of the Early 65 
Education Childhood Fund, submit and update a ten-year plan to the 66 
General Assembly on expenditures from said fund that would best 67 
support early childhood education in, and child care needs of, the state 68 
and make recommendations for legislative changes to further the 69 
purposes of said fund. 70 
(2) The commission shall consist of the following members: 71 
(A) Two appointed by the speaker of the House of Representatives, 72 
one of whom shall be a parent who is a member of the Early Childhood 73 
Cabinet established pursuant to section 10-16z of the general statutes; 74 
(B) Two appointed by the president pro tempore of the Senate, one of 75 
whom shall be a representative of a corporation with a significant 76 
physical presence in the state and that employs individuals who may 77 
benefit from early childhood education and state child care initiatives; 78 
(C) Two appointed by the majority leader of the House of 79 
Representatives, one of whom shall be a representative of a 80  Substitute Bill No. 5002 
 
 
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philanthropic organization engaged in early childhood education issues 81 
or child care issues in the state; 82 
(D) Two appointed by the majority leader of the Senate, one of whom 83 
shall be a representative of an early childhood education program 84 
operator in the state; 85 
(E) Two appointed by the minority leader of the House of 86 
Representatives, one of whom shall be a representative of a non-home-87 
based child care services provider in the state; 88 
(F) Two appointed by the minority leader of the Senate, one of whom 89 
shall be an operator or a representative of a home-based child care 90 
services provider in the state; 91 
(G) The commissioners of Early Childhood and Education, or their 92 
designees; 93 
(H) The Secretary of the Office of Policy and Management, or the 94 
secretary's designee; 95 
(I) The Treasurer, or the Treasurer's designee; and 96 
(J) The Comptroller, or the Comptroller's designee. 97 
(3) Any member of the commission appointed under subparagraph 98 
(A), (B), (C), (D), (E) or (F) of subdivision (2) of this subsection may be a 99 
member of the General Assembly and each such appointed member 100 
shall serve in accordance with the provisions of section 4-1a of the 101 
general statutes. 102 
(4) The administrative staff of the joint standing committee of the 103 
General Assembly having cognizance of matters relating to finance, 104 
revenue and bonding shall serve as administrative staff of the 105 
commission. 106 
(5) The Comptroller and one member of the commission selected by 107 
the speaker of the House of Representatives and one member of the 108  Substitute Bill No. 5002 
 
 
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commission selected by the president pro tempore of the Senate shall 109 
serve as the chairpersons of the commission. Such chairpersons shall 110 
schedule the first meeting of the commission, which shall be held not 111 
later than ninety days after the effective date of this section. The 112 
commission shall meet as often as deemed necessary by the 113 
chairpersons or a majority of the commission. Any appointed member 114 
who fails to attend three consecutive meetings or who fails to attend 115 
fifty per cent of all meetings held during any calendar year shall be 116 
deemed to have resigned from the commission. 117 
(6) Any vacancy shall be filled by the appointing authority. Any 118 
vacancy occurring other than by expiration of term shall be filled for the 119 
balance of the unexpired term. 120 
(7) A majority of the commission shall constitute a quorum for the 121 
transaction of any business. 122 
(8) (A) The members of the commission shall serve without 123 
compensation, but shall, within the limits of available funds, be 124 
reimbursed for travel expenses necessarily incurred in travelling to and 125 
from a commission meeting, except that the following members shall be 126 
eligible, within the limit of available funds, for a stipend of twenty-five 127 
dollars for each hour or portion thereof that such member attends a 128 
commission meeting: 129 
(i) A parent member of the Early Childhood Cabinet; 130 
(ii) A representative of an early childhood education program 131 
operator, provided such representative is an employee of such program 132 
operator and is compensated by such program operator on an hourly 133 
basis;  134 
(iii) A representative of a non-home-based child care services 135 
provider, provided such representative is an employee of such provider 136 
and is compensated by such provider on an hourly basis; and 137 
(iv) An operator or a representative of a home-based child care 138  Substitute Bill No. 5002 
 
 
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services provider, provided such representative is an employee of such 139 
provider. 140 
(B) The time spent by a member under subparagraphs (A)(i) to 141 
(A)(iv), inclusive, of this subdivision to travel to and from such meeting 142 
shall not be counted for purposes of calculating the stipend under this 143 
subdivision.  144 
(C) Each member seeking the travel expenses or stipend under this 145 
subdivision shall submit a request to the executive director of the Office 146 
of Legislative Management, in such form and manner as prescribed by 147 
said director, and shall provide any documentation required by said 148 
director to substantiate the requested amount. 149 
(b) The commission shall have the following powers and duties: 150 
(1) Review and monitor the Early Childhood Care and Education 151 
Fund to assess its financial sustainability;  152 
(2) Obtain from any executive department, board, commission or 153 
other agency of the state such assistance and data as necessary and 154 
available to carry out the purposes of this section; and 155 
(3) Perform such other acts as may be necessary and appropriate to 156 
carry out the duties described in this section. 157 
(c) The commission shall: 158 
(1) Not later than January 1, 2026, and annually thereafter, submit a 159 
report, in accordance with the provisions of section 11-4a of the general 160 
statutes, to the joint standing committees of the General Assembly 161 
having cognizance of matters relating to appropriations and the budgets 162 
of state agencies, finance, revenue and bonding, education and children, 163 
on the financial health and status of the Early Childhood Care and 164 
Education Fund, including, but not limited to, (A) the amounts on 165 
deposit in said fund, (B) disbursements made or expected to be made 166 
from said fund for the applicable fiscal year, (C) the rates of return on 167 
investments made by the Treasurer pursuant to subsection (c) of this 168  Substitute Bill No. 5002 
 
 
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section, (D) a statement as to the sufficiency of the amounts on deposit 169 
in said fund to achieve the purposes of said fund, and (E) any 170 
recommendations for policy changes and amendments to the general 171 
statutes necessary to further the purposes of said fund; 172 
(2) Not later than January 1, 2026, submit a ten-year plan, in 173 
accordance with the provisions of section 11-4a of the general statutes, 174 
to the joint standing committees of the General Assembly having 175 
cognizance of matters relating to appropriations and the budgets of state 176 
agencies, finance, revenue and bonding, education and children, of 177 
recommendations of expenditures from said fund that would best 178 
support early childhood education in, and child care needs of, the state. 179 
The commission shall, in developing such plan, consider reports on the 180 
state of (A) early childhood care and education in the state, and (B) 181 
kindergarten readiness in the state, as well as best practices in other 182 
states. The commission shall update such plan at least annually and 183 
submit such updated plan annually to said committees; and 184 
(3) Commencing with the fiscal year ending June 30, 2026, hold a 185 
public hearing annually on the state of the fund and of early childhood 186 
education and child care in the state. 187 
Sec. 3. (NEW) (Effective July 1, 2024) (a) For the purposes described in 188 
section 10-511 of the general statutes, as amended by this act, the State 189 
Bond Commission shall have the power from time to time to authorize 190 
the issuance of bonds of the state in one or more series and in principal 191 
amounts not exceeding in the aggregate fifty million dollars. 192 
(b) The proceeds of the sale of such bonds, to the extent of the amount 193 
stated in subsection (a) of this section, shall be used by the Office of Early 194 
Childhood for the purpose of implementing programs and initiatives 195 
enacted to support early childhood education in, and child care needs 196 
of, the state. 197 
(c) All provisions of section 3-20 of the general statutes, or the exercise 198 
of any right or power granted thereby, that are not inconsistent with the 199 
provisions of this section are hereby adopted and shall apply to all 200  Substitute Bill No. 5002 
 
 
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bonds authorized by the State Bond Commission pursuant to this 201 
section. Temporary notes in anticipation of the money to be derived 202 
from the sale of any such bonds so authorized may be issued in 203 
accordance with section 3-20 of the general statutes and from time to 204 
time renewed. Such bonds shall mature at such time or times not 205 
exceeding twenty years from their respective dates as may be provided 206 
in or pursuant to the resolution or resolutions of the State Bond 207 
Commission authorizing such bonds. None of such bonds shall be 208 
authorized except upon a finding by the State Bond Commission that 209 
there has been filed with it a request for such authorization that is signed 210 
by or on behalf of the Secretary of the Office of Policy and Management 211 
and states such terms and conditions as said commission, in its 212 
discretion, may require. Such bonds issued pursuant to this section shall 213 
be general obligations of the state and the full faith and credit of the state 214 
of Connecticut are pledged for the payment of the principal of and 215 
interest on such bonds as the same become due, and accordingly and as 216 
part of the contract of the state with the holders of such bonds, 217 
appropriation of all amounts necessary for punctual payment of such 218 
principal and interest is hereby made, and the State Treasurer shall pay 219 
such principal and interest as the same become due. 220 
Sec. 4. (Effective July 1, 2024) Not later than June 30, 2025, fifty million 221 
dollars shall be transferred from the General Fund to the Early 222 
Childhood Care and Education Fund, established pursuant to section 223 
10-511 of the general statutes, as amended by this act. 224 
Sec. 5. (NEW) (Effective July 1, 2024) (a) The Office of Early Childhood 225 
shall, within available appropriations, establish a Tri-Share Child Care 226 
Matching Program serving New London County. Under such program, 227 
costs for child care provided by duly licensed child care facilities in the 228 
state shall be shared equally among participating employers, employees 229 
and the state. 230 
(b) (1) The program shall be established for a minimum of two years 231 
and the office shall select a regional or state-wide organization as the 232 
administrator of the program. Such administrator shall (A) determine 233  Substitute Bill No. 5002 
 
 
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employers' and employees' eligibility for participation in the program, 234 
(B) ensure that child care facilities to which payments will be made 235 
under the program are licensed by the state, (C) collect and ensure 236 
timely payment from participating employers, participating employees 237 
and the state, (D) disburse funds to the appropriate child care provider, 238 
(E) recruit employers to participate in the program, and (F) coordinate 239 
adequate communication between all parties. 240 
(2) To be eligible to participate in the program: 241 
(A) An employer shall have a physical facility located in New London 242 
County that is the principal workplace of its employees; and 243 
(B) An employee shall (i) be employed by a participating employer, 244 
(ii) shall reside in the state, (iii) have as such employee's principal 245 
workplace a location in New London County, (iv) be part of the asset 246 
limited, income constrained, employed population that is below the 247 
ALICE threshold, as calculated in the most recent annual report by the 248 
United Way of Connecticut and provided to the administrator by the 249 
commissioner, and (v) not be receiving other public assistance for child 250 
care costs. 251 
(c) The Commissioner of Early Childhood shall enter into an 252 
agreement with such administrator to perform the duties described 253 
under subdivision (1) of subsection (b) of this section. Such agreement 254 
shall include, but need not be limited to, (1) a provision that the 255 
administrator shall receive, for administrative costs of the program, up 256 
to ten per cent of the funds allocated by the state for the program, (2) a 257 
requirement that the administrator not commingle funds received for 258 
purposes of the program, other than funds for administrative costs 259 
allowed pursuant to subdivision (1) of this subsection, with other funds 260 
held or controlled by the administrator, and (3) penalties for violation 261 
of a provision of the agreement or of this section. 262 
(d) Commencing with the fiscal year immediately following the first 263 
year of the program and annually thereafter, the commissioner shall 264 
submit to the joint standing committees of the General Assembly having 265  Substitute Bill No. 5002 
 
 
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cognizance of matters relating to appropriations and the budgets of state 266 
agencies, finance, revenue and bonding, education and children, a 267 
report on the program. Such report shall include, but need not be limited 268 
to, (1) for the fiscal year immediately preceding, (A) the number of 269 
participating employers and participating employees, and (B) the 270 
amounts disbursed by the administrator for child care costs and the 271 
amounts retained by the administrator for administrative costs, and (2) 272 
any programmatic or legislative changes the commissioner 273 
recommends to improve the program or further its purposes. 274 
Sec. 6. (Effective July 1, 2025) (a) As used in this section: 275 
(1) "Early childhood education program operator" means a school 276 
readiness program, private preschool program or program pursuant to 277 
section 8-210 of the general statutes; and 278 
(2) "Child care services provider" means a child care center, group 279 
child care home or family child care home, as those terms are described 280 
in section 19a-77 of the general statutes. 281 
(b) For the fiscal year ending June 30, 2026, the Office of Early 282 
Childhood shall establish and administer a wage supplement and child 283 
care program enhancement grant program for early childhood 284 
education program operators and child care services providers. On and 285 
after August 1, 2025, the office shall provide grants to early childhood 286 
education program operators and child care services providers that 287 
meet the eligibility requirements developed by the office pursuant to 288 
subsection (d) of this section and submit an application for a grant, in 289 
such form and manner as prescribed by the office. A grant awarded 290 
under this section may be used by such early childhood education 291 
program operator or child care services provider to supplement the 292 
annual salaries of the employees of such operator or provider or to 293 
address any other programmatic or administrative needs, in accordance 294 
with the guidelines developed by the office pursuant to subsection (d) 295 
of this section. 296 
(c) In determining whether to award a grant under this section, the 297  Substitute Bill No. 5002 
 
 
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commissioner shall give priority to early childhood education program 298 
operators and child care services providers that will use such grant 299 
exclusively to supplement the annual salaries of the employees of such 300 
operator or provider. 301 
(d) The office shall develop (1) eligibility criteria for which early 302 
childhood education program operators and child care services 303 
providers are eligible to receive a grant under this section, and (2) 304 
guidelines for the administration of the program and the expenditure of 305 
a grant awarded under this section by a childhood education program 306 
operator or child care services provider. Such eligibility criteria shall 307 
limit grants to early childhood education program operators and child 308 
care services providers serving high-need populations, as determined 309 
by the commissioner, taking into account the findings and 310 
recommendations in the 2023 report issued by the Blue-Ribbon Panel on 311 
Child Care established by Executive Order Number 23-1 issued by 312 
Governor Ned Lamont. 313 
Sec. 7. Section 10-511a of the 2024 supplement to the general statutes 314 
is repealed. (Effective from passage) 315 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 10-511 
Sec. 2 from passage New section 
Sec. 3 July 1, 2024 New section 
Sec. 4 July 1, 2024 New section 
Sec. 5 July 1, 2024 New section 
Sec. 6 July 1, 2025 New section 
Sec. 7 from passage Repealer section 
 
FIN Joint Favorable Subst.