but they do have oversight of the funds so that it is not used inappropriately. Rep. Bourdeaux
referred to H.J.R.10 and asked what the agency's plans are regarding the resolution. Rep.
Frandsen, sponsor of H.J.R 10, explained its intent. Rep. Bourdeaux expressed his concerns as to
how the funds are appropriated. He indicated that we need to look at doing a better job with the
resources we do have. Rep. Frandsen explained how the Legislature budgets with line item
appropriations and performance budgeting.
Rep. Allen asked Ms. Johnson to explain how FACT facilitates projects. Ms. Johnson
explained that FACT has a committee looking at combining department budgets, how much is
spent, duplicate services, gaps, and how the agency can remove the duplication and fill gaps.
Rep. Haymond said a FACT unit exists. Its focus is with children who have been abused
and neglected and makes recommendations to the court on behalf of the children. It helps to
move more quickly toward this resolution by helping people rather than leaving it to the
individual to find help. Rep. Haymond indicated that there is a bill being prepared, as part of the
amendments to child welfare, addressing children who are in need of multiple services. Custody
of these children will be given to the Department of Human Services rather than to the Division
of Family Services. It will enable them to receive benefits from the various services. Rep.
Haymond commended FACT for its efforts and for being the forerunner of many changes in the
state.
Ms. Roz McGee, Utah Children, said as a member of the public she has had an opportunity
to be involved in the development of FACT. She stated that the focus of the moment is to bring
this issue to the forefront at the local community level.
3. Review: Draft Legislation -
a. Draft Bill, "Child Care Program Disclosure" - Rep. Frandsen, Sponsor - Mr. Chet Loftis explained legislation requested by the committee to require child care providers to disclose
certain information about their education programs.
Committee discussion followed.
Sen. Peterson expressed concern with requiring a child care facility operating on a shoe
string and paying their employees very little money to say that they do not have an education
program. We may be pushing business away from them and sending the wrong message.
Sen. Muhlestein questioned the need for this legislation and expressed his concerns with the
legislation.
Rep. Frandsen responded to Sen. Muhlestein's concerns and indicated that the draft bill
addresses some of his concerns. The reason for the bill is to improve the quality of day care. The
intent is not to make this burdensome.
Rep. Haymond said in the Department of Human Services, they are separating programs
from the licensing process. It will be the responsibility of those who have programs to describe
what child care should be within that program. It is important to encourage people to focus on
education in the child care process.
Rep. Goodfellow indicated that he does not see anything in the bill that will improve the
quality of day care and that it creates a lot of red tape. He suggested looking at ways to provide
incentives for quality and indicated the bill does just the opposite.
Comments from the Department - Ms. Pat Kreher, Director, Office of Child Care, pointed out that the first section of the bill belongs to the Department of Health. She said input should be
solicited from the Department of Health who deals with child care providers on a daily basis. Ms.
Kreher indicated that it would be extremely difficult to get the community to arrive at an
agreement on the definition of quality. She would like to see the individuals who would be
responsible for this to participate in relooking at the issue and making suggestions.
Ms. Kaye Dawson, Salt Lake Community Action Program, commented on what she looks
for when visiting a day care facility and how difficult it is finding out the educational level of the
provider. She supports more information for parents.
Ms. Karen Clark, Utah Eagle Forum, discussed disclosing information. She said if it runs
other providers out of business because of not being able to provide an educational program, it
would be a problem. It should be up to the individual day care provider and not a state
curriculum.
Ms. Megan Hunter, JEDI Women, commented on a study that was done by the University of
Utah, School of Social Work. It was a survey of child care providers across the state. Out of the
126 providers that were surveyed, approximately 40 to 50 percent had their own program, and out
of the 26 providers not one said they did not have an education program. The study has not been
public yet but by the 1998 Legislative Session it will be available.
Mr. Loftis indicated several options for committee members to consider.
MOTION: Sen. Peterson made the following amendment:
Page 1, Line 20: Delete ":"
Page 1, Lines 21-22: Delete lines "21 and 22"
Page 1, Line 23: Delete "(c)" and after the word "program" insert a "."
Mr. Loftis suggested on Page 1, Line 23: Delete "(c) if the facility has an education program" and to take that term and move to the beginning of the section. It would read:
If the facility has an education program, before enrolling a child for care at a facility, a provider shall disclose to the child's parent or guardian, orally and in writing, a detailed
description of any education program which at a minimum shall include: and then renumber line 25 to(a) line 26 to (b), and line 28 to (c)
SUBSTITUTE MOTION: Rep. Haymond moved to take the original motion made by Sen. Petersen and take (i) an explanation of the education and delete, model, curriculum, or approach of the facility; (ii) a representative list of educational activities that occur on a daily and weekly
basis as part of the education program; The vote was taken by the raise of hands. The motion passed both in the House and Senate.
Rep. Haymond said his motion states that if the provider has an educational program, they
should provide a detailed description of the program which includes the daily activities.
MOTION: Sen. Jones made the following amendment:
Page 1 Line 20: After the word "orally" insert "and/or"
Committee discussion by the members and staff followed each amendment made.
SUBSTITUTE MOTION: Rep. Goodfellow made the following amendment:
Include Sen. Jones's motion on line 20 but delete "and" and insert "or" and delete lines 29 and 30: "(2) Disciplinary action may only be taken by the department against a provider under this section for failing to disclose or materially misstating the information require by Subsection (1)."
Rep. Stephens spoke in favor of the substitute motion but spoke against the bill.
In summation, Rep. Goodfellow said there was an audit done indicating that there was not enough follow through done on this issue.
MOTION: Rep. Goodfellow's original motion and Sen. Jones' substitute motion were combined. The motion passed in both the House and Senate.
MOTION: Rep. Alexander moved to go to the next item on the agenda.
He asked why the committee is discussing this bill and that it could be done by rule or policy
if they felt it was necessary. It will not help child care and suggested if the department wants to
do it, let them do it now.
Rep. Frandsen said the department should look at the issue and make recommendations that
might improve the quality of this legislation. His intent was to make a motion that it be passed
out as a committee bill and be heard a second time by another committee.
Chair Montgomery stated that he thinks the concept has merit and encouraged the sponsor to
work with the various departments.
A vote on Rep. Alexander's motion to go to the next item on the agenda was taken. The
motion passed with Rep. Allen voting against the motion.
b. Draft Bill, "Unemployment Insurance Amendments" - Rep. Alexander, Sponsor - Mr. Curtis Johnson, Workforce Services Department, asked Mr. Mason Bishop and Ms. Virginia Smith to make the presentation. Mr. Bishop highlighted the department's desire to make the chair
of the Workforce Services Appeals Board a part time employee. He said because there is a State
Council on Workforce Services whose role is to oversee all of the activities in the department,
there will be an Insurance Advisory Council to work with the Department on unemployment
issues and leave other issues with the State Council on Workforce Services. He then explained
their roles.
Committee discussion and public comment followed.
Ms. Smith commented that unemployment insurance is federally funded. The state does not
appropriate these funds so whether the chair is a per diem or part time position is not a concern.
Ms. Kay Clawson, Community Action Program, commented on the bill's reduction of food
stamp overpayments from unemployment checks. Currently, the department does not pull
anything out of a persons' unemployment check. Overpayments are essentially administrative
errors and not the fault of the recipient.
Mr. James Finch, Director, Unemployment Insurance, explained that the language in the bill
is mandated language by the Welfare Reform bill of 1996. The Federal Government has put
states on notice that failure to enact this language would put them out of compliance with the
Social Security Act.
During Mr. Finch's presentation, Chair Montgomery indicated he had to leave because of a
prior commitment and turned the chair over to Rep. Carnahan for the remainder of the meeting.
MOTION: Sen. Muhlestein moved to pass the"Unemployment Insurance Amendments" legislation out favorably as a committee bill. The motion passed unanimously. Reps. Haymond,
Holladay, Stephens, and Sen. Montgomery were absent for the vote.
c. Draft Bill, "Department of Workforce Services Amendments" Rep. Carnahan, Sponsor - Mr. Bishop said the bill is technical in nature, but highlighted two issues for the committee: there is a need to move the language in Section 35A-4-504 into 35A-3 to reflect the
satutory functions of the Division of Employment Development. The bill also repeals Section
35A-1-209 since it applied to county, state, and Turning Point employees during their transition to
department employees, which has since been completed; other language in the section is covered
by Human Resource Management statutes and is now considered redundant.
Ms. Gina L. Cordia, Utah Issues, asked about extending time limits for cash assistance. Mr.
Bishop said the department has decided to delay consideration of that issue.
Mr. Bishop said the University of Utah has been awarded a study to assess welfare reform
and is in the process of coming up with a statistical methodology. The study will be reported on
next year.
MOTION: Rep. Goodfellow moved to pass the "Department of Workforce Services Amendments" out favorably as a committee bill. The motion passed unanimously. Reps.
Haymond, Holladay, Stephens and Sen. Montgomery were absent for the vote.
4. Adjourn -
Sen. Muhlestein moved to adjourn the meeting at 4:20 p.m. The motion passed unanimously.
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