Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 277 First Substitute (2021GS)

Sponsor

Rep. Matthews, A.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines "income" and "income-eligible child";
• provides criteria for an income-eligible child to be eligible for a child care subsidy or grant through the Employment Support Act; and
• modifies the Office of Child Care's rulemaking authority to allow the office to make rules on prioritizing awards of a child care subsidy or grant.

Every vote on this bill

Bill text

CHILD CARE ELIGIBILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ashlee Matthews
Senate Sponsor: 
Lincoln Fillmore
Cosponsors:
Gay Lynn Bennion
Clare Collard
Suzanne Harrison
Marsha Judkins
Angela Romero
Steve Waldrip
Mike Winder
LONG TITLE
General Description:
This bill modifies the child care subsidy provisions of the Employment Support Act.
Highlighted Provisions:
This bill:
▸ defines "income" and "income-eligible child";
▸ provides criteria for an income-eligible child to be eligible for a child care subsidy
or grant through the Employment Support Act; and
▸ modifies the Office of Child Care's rulemaking authority to allow the office to make
rules on prioritizing awards of a child care subsidy or grant.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-201
, as last amended by Laws of Utah 2015, Chapter 221
35A-3-203
, as last amended by Laws of Utah 2020, Chapter 354
ENACTS:
35A-3-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-201
 is amended to read:
35A-3-201.
Definitions.
As used in this part:
(1) "Child care" means the child care services defined in Section 
35A-3-102
 for:
(a) children age 12 or younger; and
(b) children with disabilities age 18 or younger.
(2) "Child care provider association" means an association:
(a) that has functioned as a child care provider association in the state for at least three
years; and
(b) is affiliated with a national child care provider association.
(3) "Committee" means the Child Care Advisory Committee created in Section
35A-3-205
.
(4) "Director" means the director of the Office of Child Care.
(5) (a) "Income" means gross income, whether earned or unearned, as defined by rule
made in accordance with Section 
35A-3-203
.
(b) "Income" does not include:
(i) income from means-tested programs, including:
(A) Temporary Assistance to Needy Families;
(B) the Social Security Act; and
(C) the Supplemental Nutrition Assistance Program;
(ii) in-kind income;
(iii) scholarship, grant, or bona fide loan money;
(iv) a federal or state income tax credit; or
(v) a nonrecurring lump sum benefit.
(6) "Income-eligible child" means a child whose:
(a) family income does not exceed 85% of state median income for a family of the
same size; and
(b) family assets do not exceed the limit established by the office through rule created
in accordance with Section 
35A-3-203
.
[
(5)
] 
(7)
 "Office" means the Office of Child Care created in Section 
35A-3-202
.
Section 2. Section 
35A-3-203
 is amended to read:
35A-3-203.
Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus
its activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and
for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality child care training and child care resource and
referral core services;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care, early
childhood programs, and school age programs throughout the state:
(a) the State Board of Education; and
(b) the Department of Health;
(8) research child care programs and public policy to improve the quality and
accessibility of child care, early childhood programs, and school age programs in the state;
(9) provide planning and technical assistance for the development and implementation
of programs in communities that lack child care, early childhood programs, and school age
programs;
(10) provide organizational support for the establishment of nonprofit organizations
approved by the Child Care Advisory Committee, created in Section 
35A-3-205
;
(11) coordinate with the department to include in the annual written report described in
Section 
35A-1-109
 information regarding the status of child care in Utah; and
(12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and consistent with state and federal law[
,
]
:
(a)
 establishing the eligibility requirements for a child care provider to receive a grant
or subsidy, including for the following:
[
(a)
] 
(i)
 providing child care for an income-eligible child age 12 or younger; and
[
(b)
] 
(ii)
 providing child care for an income-eligible child with disabilities age 18 or
younger[
.
]
; and
(b) prioritizing awards of child care grants or subsidies for income-eligible children
within available funds.
Section 3. Section 
35A-3-209
 is enacted to read:
 35A-3-209.
Award of child care subsidy services.
(1) (a) On or before June 30, 2023, the office shall award a full child care subsidy or
grant for an income-eligible child.
(b) The office shall make the award described in Subsection (1)(a):
(i) in accordance with applicable federal law and regulation; and
(ii) subject to available funds.
(2) Beginning on July 1, 2023, the office may award:
(a) a full child care subsidy or grant for an income-eligible child whose family income
is equal to or below 75% of state median income; and
(b) a progressively lower child care subsidy or grant for each tenth of a percentage
point by which the income-eligible child's family income exceeds 75% of state median income
up to 85% of state median income.
(3) (a) On or before June 30, 2023, and subject to Subsection (3)(b), the office shall
determine the amount of a child care subsidy or grant based on the income-eligible child's
enrollment in child care.
(b) To qualify for a child care subsidy or grant under Subsection (3)(a), an
income-eligible child shall be enrolled in child care for a minimum of eight hours per month.
(c) On or after July 1, 2023, and subject to Subsection (3)(d), the office shall determine
the amount of a child care subsidy or grant based on the income-eligible child's attendance in
child care.
(d) To qualify for a child care subsidy or grant under Subsection (3)(c), an
income-eligible child shall attend child care for a minimum of eight hours per month.