Administrative Rules Review Committee
MINUTES OF THE
WORKFORCE SERVICES INTERIM COMMITTEE
October 22, 1997 - 2:00 p.m. - Room 414 State Capitol
Members Present:
Rep. Orville D. Carnahan, Chair
Sen. Lorin V. Jones
Sen. Robert M. Muhlestein
Sen. Millie M. Peterson
Rep. Sheryl L. Allen
Rep. Margaret Dayton
Members Excused:
Sen. Robert F. Montgomery, Chair
Members Absent:
Rep. Jeff Alexander
Rep. Steve Barth
Rep. Duane Bourdeaux
Sen. Blaze D. Wharton
Rep. Margaret Dayton
Rep. Lloyd W. Frandsen
Rep. Brent H. Goodfellow
Rep. J. Brent Haymond
Rep. Bryan D. Holladay
Rep. Nora B. Stephens
Staff Present:
Arthur L. Hunsaker, Research Analyst
R. Chet Loftis, Associate General Counsel
Barbara A. Teuscher, Legislative Secretary
Note: A list of others present and a copy of materials distributed in the meeting is on file in the Office of Legislative Research and General Counsel.
1. Call to Order and Approval of Minutes of Meeting Held July 16, 1997
Chair Carnahan called the meeting to order at 2:47 p.m.
MOTION: Sen. Jones moved to approve the minutes of July 16, 1997. The motion passed unanimously.
2. Mr. Curtis Johnson, Acting Director, Utah Workforce Services Department (WFS), distributed a handout from which he gave his presentation. He reported that his department has been in a test pattern for more than one year and effectively functioning since July l of this year. It was discovered that the department had created an organizational flaw. It was apparent that the employees' division needed to be together, so changes were made. Mr. Johnson went over the old and new organizational chart explaining the difference in each one. The new chart reflects 95 percent of state employees that deliver services under the Department of Workforce Services.
Committee discussion followed.
Sen. Jones asked Mr. Johnson if WFS can make a structural change on their own authority? Mr. Johnson said the only real change in the organizational structure is combining the deputy director of the department and the Employment Development Division. Mr. Johnson indicated that the department was given legal permission to make these changes and that the division viewed this as a minor adjustment.
Rep. Goodfellow said as a committee we do not want to micro manage the department. He commended the department for their willingness to recognize situations and change the organizational structure.
Mr. Mason Bishop, Department of Workforce Services, explained proposed amendments to current law: "Unemployment Insurance Amendments, Technical Amendments for the Department of Workforce Services, and English Only" legislation. These are statutory amendments recommended by the department. Mr. Bishop discussed the amendments and indicated that if any of the legislator's on the committee would be interested in sponsoring the legislation, to let him know.
3. Presentation: Utah Families Are Everybody's Business _ Ms. Lynette Rasmussen, Work-Life Programs Specialist, Office of Child Care, distributed a handout and gave a slide presentation. She said the focus of her office is to educate employers to the importance of work/ life benefits and issues that relate to their employees, and to provide them with important information and resources to be able to make informed decisions. Ms. Rasmussen reported that when employers call the Office of Child Care they want to know about the four motivating factors: (1) recruitment of employees ( 2) the retention of their workforce, (3) productivity, and (4) absenteeism. Ms. Rasmussen informed the committee of various types of strategies.
Ms. Rasmussen indicated that one of the issues her office has discussed with the Child Care Advisory Committee is how we look at compliance options and how we insist consumers be concerned when making choices. Ms. Rasmussen also presented information regarding report cards issued to all of the facilities and explained how they are used.
4. Expanding Child Care Information Resources for Parents _ Ms. Debra Wynkoop- Green, Director, Bureau of Health Facility Licensure, distributed a handout to the committee and said one of the issues that was discussed with their Child Care Licensing Advisory Committee is how we work with compliance options and how we assist consumers to be informed when they are making choices. She indicated that the agency currently publishes report cards for nursing care facilities, residential care facilities, home health agencies, care facilities for the mentally retarded, and that a future report could be prepared for child care facilities. Ms. Wynkoop-Green said that the report cards show the compliance with administrative rules that are promulgated in
governing the facility and that the report has helped to reduce the number of deficiencies. Ms.
Wynkoop-Green then discussed the "Certificate of Appreciation" in recognizing those providers
who are exceeding the standards of care.
Rep. Frandsen said the issue is whether to provide education in day care centers. He stated that we are not saying women that are not on welfare should go to work.
Ms. Wynkoop-Green said that last year the Legislature basically stated in the statute that the
department may not regulate educational curricula, academic methods, educational philosophy,
or the approach of the provider. We are prohibited by law passed by the Legislature last year to
regulate or even include any of that information in the rules. Ms. Wynkoop-Green said that they
have held 14 training sessions statewide since July 1 when they took over the new opportunity
for licensing. They have received more than 100 comments from providers regarding the rules
and are on the third draft of the emergency rules. She indicated that those rules have been
finalized.
Chair Carnahan indicated that he had received several complaints and the major concern
was from providers who have child care in their home. The complaint was the rules that have
now been put into place should only apply to full-fledged day/care centers rather than day care
within the home. It was expressed that it might force home providers out of the business and
decrease the amount of child care available.
Ms. Wynkoop-Green said that providers need to be educated as to how to read the rule
correctly.
MOTION: Rep. Frandsen moved to have staff draft legislation requiring that day/care centers disclose the education programs they offer. The motion passed. Rep. Haymond voted
against the motion. Reps. Dayton and Holladay were absent for the vote.
Prior to the vote, Rep. Haymond pointed out that day/care centers can currently disclose
their education programs if hey choose, and that perhaps licensing requirements should be
separated from all other child care requirements, so the child care industry does not
misunderstand what they have to do to be licensed.
Ms. Pat Kreher, Director, Office of Child Care Center Services _ Ms. Kreher informed committee members that in the Department of Workforce Services, the Office of Child Care
funds seven regional child care resources and referral agencies to help parents find the child care
they need. Ms. Kreher said that the department's goal for the next six to eight months is to
provide education to parents to help them choose child care as a marketable service.
Sen. Peterson expressed concern with some child care providers charging $1 a minute if the
parent is late in picking up their child. The individual that is caring for the child is not going to
get that 60 dollars if the parent is late.
In response to Sen. Peterson's comment, Ms. Kheher said that this goes back to the
marketable commodity. The parent should be looking at other policies of the child care center
with which they contract.
Sen. Jones asked if there are statistics showing what has happened in the child care industry
in the past two or three years? In response to the question, Ms. Wynkoop-Green said it would
be very difficult to go through all of the files, but when the database is up and running this kind
of data could be pulled up without a problem.
5. Child Care Funding Issues - Rep. Allen indicated that the state has a critical interest in the children and what happens to them. She said it needs to be tied with child care funding because
the state does have a block grant for child care development money which is expected to
increase, but the state's responsibility to maximize that money must also increase our effort.
Child care is important to business, the future of the taxpayer, and to families. It can be used for
quality and accessability.
Ms. Barbara Gittens, Department of Workforce Services, distributed a handout from which
she gave her presentation. The handout indicates where the state is as far as funding child care in
the Department of Workforce Services. She discussed what is happening this year, what to
expect in the future, and Utah's obligation. Ms. Gittens said in the 1997 General Session, the
Legislature made the decision to reduce state tax funds available for child care. She discussed
the six-year block grant, how much money is available each year, and said that next year the
department will appeal to the Legislature for more money. Ms. Gittens highlighted and
explained the remaining tables regarding funds. She indicated that the program does have base
funding in the amount of $900,000 to be used for grant money for before and after school
programs.
Sen. Muhlstein expressed his concern with accepting federal funding and the strings that are
always attached. He asked who decides whether to accept federal funding? Ms. Gittens
explained that this specific grant is more flexible than grants we have had in the past. She said
that the agency makes the decision unless in an appropriation cycle the Legislature specifically
dictates differently.
Rep. Frandsen indicated he is sure that the funding is ongoing because it was a major issue
during the session. He said that he was clearly told that it was ongoing and was appropriated out
of the ongoing fund.
Chair Carnahan requested for Rep. Frandsen to follow up on this issue.
6. Adjourn
MOTION: Sen. Muhlestein moved to adjourn the meeting at 4:16 p.m. The motion passed unanimously.
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