This document includes House Floor Amendments incorporated into the bill on Thu, Feb 18, 2021 at 3:31 PM by lfindlay.
Representative Ashlee Matthews proposes the following substitute bill:




Chief Sponsor: Ashlee Matthews

Senate Sponsor: Lincoln Fillmore


8     General Description:
9          This bill modifies the child care subsidy provisions of the Employment Support Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "income" and "income-eligible child";
13          ▸     provides criteria for an income-eligible child to be eligible for a child care subsidy
14     or grant through the Employment Support Act; and
15          ▸     modifies the Office of Child Care's rulemaking authority to allow the office to make
16     rules on prioritizing awards of a child care subsidy or grant.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          35A-3-201, as last amended by Laws of Utah 2015, Chapter 221
24          35A-3-203, as last amended by Laws of Utah 2020, Chapter 354
25     ENACTS:

26          35A-3-209, Utah Code Annotated 1953

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 35A-3-201 is amended to read:
30          35A-3-201. Definitions.
31          As used in this part:
32          (1) "Child care" means the child care services defined in Section 35A-3-102 for:
33          (a) children age 12 or younger; and
34          (b) children with disabilities age 18 or younger.
35          (2) "Child care provider association" means an association:
36          (a) that has functioned as a child care provider association in the state for at least three
37     years; and
38          (b) is affiliated with a national child care provider association.
39          (3) "Committee" means the Child Care Advisory Committee created in Section
40     35A-3-205.
41          (4) "Director" means the director of the Office of Child Care.
42          (5) (a) "Income" means gross income, whether earned or unearned, as defined by rule
43     made in accordance with Section 35A-3-203.
44          (b) "Income" does not include:
45          (i) income from means-tested programs, including:
46          (A) Temporary Assistance to Needy Families;
47          (B) the Social Security Act; and
48          (C) the Supplemental Nutrition Assistance Program;
49          (ii) in-kind income;
50          (iii) scholarship, grant, or bona fide loan money;
51          (iv) a federal or state income tax credit; or
52          (v) a nonrecurring lump sum benefit.
53          (6) "Income-eligible child" means a child whose:
54          (a) family income does not exceed 85% of state median income for a family of the
55     same size; and
56          (b) family assets do not exceed the limit established by the office through rule created

57     in accordance with Section 35A-3-203.
58          [(5)] (7) "Office" means the Office of Child Care created in Section 35A-3-202.
59          Section 2. Section 35A-3-203 is amended to read:
60          35A-3-203. Functions and duties of office -- Annual report.
61          The office shall:
62          (1) assess critical child care needs throughout the state on an ongoing basis and focus
63     its activities on helping to meet the most critical needs;
64          (2) provide child care subsidy services for income-eligible children through age 12 and
65     for income-eligible children with disabilities through age 18;
66          (3) provide information:
67          (a) to employers for the development of options for child care in the work place; and
68          (b) for educating the public in obtaining quality child care;
69          (4) coordinate services for quality child care training and child care resource and
70     referral core services;
71          (5) apply for, accept, or expend gifts or donations from public or private sources;
72          (6) provide administrative support services to the committee;
73          (7) work collaboratively with the following for the delivery of quality child care, early
74     childhood programs, and school age programs throughout the state:
75          (a) the State Board of Education; and
76          (b) the Department of Health;
77          (8) research child care programs and public policy to improve the quality and
78     accessibility of child care, early childhood programs, and school age programs in the state;
79          (9) provide planning and technical assistance for the development and implementation
80     of programs in communities that lack child care, early childhood programs, and school age
81     programs;
82          (10) provide organizational support for the establishment of nonprofit organizations
83     approved by the Child Care Advisory Committee, created in Section 35A-3-205;
84          (11) coordinate with the department to include in the annual written report described in
85     Section 35A-1-109 information regarding the status of child care in Utah; and
86          (12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
87     Rulemaking Act, and consistent with state and federal law[,]:

88          (a) establishing the eligibility requirements for a child care provider to receive a grant
89     or subsidy, including for the following:
90          [(a)] (i) providing child care for an income-eligible child age 12 or younger; and
91          [(b)] (ii) providing child care for an income-eligible child with disabilities age 18 or
92     younger[.]; and
93          (b) prioritizing awards of child care grants or subsidies for income-eligible children
94     within available funds.
95          Section 3. Section 35A-3-209 is enacted to read:
96          35A-3-209. Award of child care subsidy services.
97          (1) (a) On or before June 30, 2023, the office shall award a full child care subsidy or
98     grant for an income-eligible child.
99          (b) The office shall make the award described in Subsection (1)(a):
100          (i) in accordance with applicable federal law and regulation; and
101          (ii) subject to available funds.
102          (2) Beginning on July 1, 2023, the office may award:
103          (a) a full child care subsidy or grant for an income-eligible child whose family income
104     is equal to or below 75% of state median income; and
105          (b) a progressively lower child care subsidy or grant for each tenth of a percentage
106     point by which the income-eligible child's family income exceeds 75% of state median income
107     up to 85% of state median income.
108          (3) (a) On or before June 30, 2023, and subject to Subsection (3)(b), the office shall
109     determine the amount of a child care subsidy or grant based on the income-eligible child's
110     enrollment in child care.
111          (b) To qualify for a child care subsidy or grant under Ĥ→ [
this] ←Ĥ Subsection (3)
111a     Ĥ→ (a) ←Ĥ , an
112     income-eligible child shall be enrolled in child care for a minimum of eight hours per month.
112a          Ĥ→ (c) On or after July 1, 2023, and subject to Subsection (3)(d), the office shall
112b     determine the amount of a child care subsidy or grant based on the income-eligible child's
112c     attendance in child care.
112d          (d) To qualify for a child care subsidy or grant under Subsection (3)(c), an
112e     income-eligible child shall attend child care for a minimum of eight hours per month. ←Ĥ