Wyoming first children's finance program.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0212

HOUSE BILL
NO.
HB0257

Wyoming
f
irst children's finance program.

Sponsored by:

Representative(s) Wallis, Hammons and Harvey and Senator(s) Massie and Von Flatern

A BILL

for

AN ACT relating to
the administration of government
; establishing a program to pro
mote
child care and early childhood education;
providing for
business and financial services
to child care and early childhood
education
provi
ders;
providing for administration of the program;
providing for
an
advisory council
; providing for
fellowship po
sitions
;
providing rulemaking authority; requiring reports; providing appropriation
s
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 9
‑
2
‑
2
6
0
8

and
9
‑
2
‑
2
6
0
9
are
created
to read:

9
‑
2
‑
2
6
0
8
.

Wyoming

first children's finance
program; purpose; definitions.

(a)

The legis
lature finds and declares that:

(i)

There is in this state, a critical
need
f
or quality and affordable child care and early childhood education
;

(ii)

It is in the public interest of the citizens of this state to
enhance and expand child care
and early childhood education
in order to promote
quality and affordable child care and
early childhood development of the children of
Wyoming
;

(iii)

It is the purpose of this article to
enhance and expand child care
and early childhood education
, to encourage private investment in child car
e and early childhood education
, to promote availability of quality, affordable child care
and early childhood education
th
r
ough
out
Wyoming and to provide for
cooperation between private non
profit child care organizations, family child care and
early childhood education
providers and the department
to create
,

enhance and expand the quality and affordability of child care and
early childhood
education
opportunities

in Wyoming
;

(iv)

This article constitutes a valid public purpose, of primary benefit to all citizens of the state of
Wyoming
.

(b)

As used in this article:

(i)

"Contractor" means the nonprofit organization contracting with the department to provide assistance with childcare and early childhood education development;

(ii)

"Department" means the department of workforce services;

(i
ii
)

"Director" means the director of the department of workforce services;

(
i
v
)

"
Growth fund advisory council" means the
first children's finance program growth fund
advisory council;

(
v
)

"
Program" means the
Wyoming
first children's finance program
;

(
v
i
)

"
Provider
" means the location of a child care or ear
ly childhood education business;

(
v
i
i
)

"
State advisory council" means the
first children's finance program
state advisory council.

9
‑
2
‑
2
6
0
9
.

Wyoming
first children's finance
program; creation;
growth fund; fellowship; advisory
councils
;
rulemaking.

(a)

The
department
shall establish and administer a
Wyoming

first children's finance
program as provided by this
section and W.S. 9
‑
2
‑
2608
.
The department may
promulgate rules and
regulations necessary for the implementation of this program.

(b)

The
purpose of
this program
i
s

to:

(i)

Provide business planning assistance to child care and early childhood education providers;

(
ii)

Provide assistance and support to enhance and
expand child care and early childhood education
provider
s.

(
c
)

The department
shall
contract
with
any
contractor
in accordance with the purposes of this
section
.
The
contractor
shall have demonstrated the ability to analyze financing projects, have knowledge of other sources of public and private financing for child

care and early childhood education
provider
s, have a relationship with regional resource and referral programs
and
have knowledge about child care and early childhood education, deve
lo
pme
nt, improvement and financing.
The
contractor
shall provide
nonstate funds to be used as
a revolving loan fund accessible to
Wyoming
providers of not less than five hundred thousand dollars ($500,000.00).

(
d
)

The
department
may enter into cooperative agreements with the Eastern Shoshone Tribe and the Northern Arapaho Tribe in order to promote the purposes of this
s
e
ction
.

(
e
)

The program shall include a growth fund
program
to provide for a three (3) year investment for
business planning assistance to
early care and education
provider
s that are in a growth mode and committed to quality improvements.
The criteria for the growth fund assistance shall be established by the department in rules based upon recommendations from the
growth fund
advisory council.

(f)

There is created a
first children's finance program
state advisory council. The state advisory council shall consist of not more than twelve (12) persons who are child care or early childhood providers, parents and busin
ess leaders
and appo
int
ed by the director in consultation with the Wyoming early childhood partnership and the
contractor
. The state advisory council members shall select one (1) member as chairman. The state advisory council shall meet at least twice per year or upon the call of the chairman. The state advisory council shall provide advice and
make recommendations to the
contractor to help connect the contractor and providers with available resources and to
e
nsure the alignment and integration of child care and early childhood education programs with other related services in
Wyoming
.

(
g
)

There is created a
first children's finance program
growth fund advisory council. The growth fund advisory council shall consist of not more than eight (8) persons
,

with no more than four (4) members who are also members of the state advisory council,
appoint
ed by the chairman of the state advisory council. The other council members

shall be
appoin
ted by the director upon consultation with the
Wyoming
early childhood partnership and the
contractor
.
The
growth fund advisory council
shall advise the growth fund program
with review and approval by the department
. The growth fund
council
shall
select
a minimum of five (5)
provider
programs
per year to receive grants
,
loans
or a combination of grants and loans
, based upon an availability
f
rom nonstate
fund
s
.
The growth fund council shall consider business planning, business equipment and administrative expenses in the management of the provider program in determining eligible programs
and eligible costs.

(
h
)

Members of the
state advisory council and the
growth fund advisory council that are
government employees or public officials shall not receive a salary but shall be considered on official business of their agency when performing duties as members of the
ir

advisory council
and shall receive reimbursement for necessary travel and per diem expenses in the manner and amount provide
d
by their agency. Other
state advisory council and
growth fund advisory council
members shall receive per diem and travel expenses in the amount provided in W.S. 28
‑
5
‑
101 when traveling to and from
advisory council
meetings and shall only receive salary in the same amount as legislators for actual
advisory council
meeting days.

(
j
)

There is created a fellowship program
through
the
University
of
Wyoming
to promote child care and
early childhood
educational business leadership. Two (2) graduate student fellows
may
be recruited and mentored in financing, business management, technology and communications.

(
k
)

The department shall submit an annual report to the joint labor,
health and social services
interim committee and the joint appropriations interim committee, on or before October 1,
beginning in 2010.
The report shall include:

(i)

A
statement of all rules and regulations adopted to further the purposes of this section;

(ii)

An evaluation of
the following based on performance measures established by the department
:

(A)

Any critical child care
and early childhood educational
information collected by the department;

(B)

Any fiscal and performance information on the contractor;

(C)

Any performance information on the providers;

(D)

Any needs of the community to be served.

(iii)

A comprehensive review of the results of the contractor in meeting the goals of the contractor as defined in this section
;

(iv
)

An analysis of t
he progress
from
each
pro
vid
e
r

in the growth fund program
;

(v)

Any recommendations for changes in the program;

(vi)

Any recommendations for statutory changes;

(
v
ii
)

Any additional information required by the
department
to ensure compliance with loan requirements or compliance with this article.

Section
2
.

W.S. 9
‑
2
‑
2601(g)(v), (vi) and by creating a new paragraph (vii)
is
amended to read:

9
‑
2
‑
2601.

Department of workforce services; duties and responsibilities; agreements with other agencies authorized; definition.

(g)

The department shall take appropriate steps to:

(v)

Conduct and publish results of investigations and research studies;

and

(vi)

Assist the
Wyoming
workforce development council and the state youth council in pursuing their missions and goals
;
.

and

(vii)

Assist the
state advisory council and the
growth fund council in pursuing their missions and goals.

Section
3
.

(a)

There is appropriated
five hundred twe
nty-
two

thousand dollars
(
$5
2
2
,000.00
)
from the
general fund
to the
Wyoming
department of workforce services
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2010.

This appropriation shall only be expended for the purpose of
enhancing and expanding child care and early childhood education as follows:

(i)

One hundred forty-four thousand dollars ($144,000.00) for salary and benefits for an additional full-time position for a state director and an additional full-time position for an administrative assistant;

(ii)

One hundred thousand dollars ($100,000.00) for program related contract services with a nonprofit organization;

(iii)

Seventy
‑
one thousand dollars ($71,000.00) for office administrative expenses;

(iv)

Sixty thousand dollars ($60,000.00) for graduate student fellowships to assist with the program;

(v)

Fifty thousand dollars ($50,000.00) for consultant services to assist five (5) providers;

(vi)

Fifty thousand dollars ($50,000.00) for administration assistance from the contract nonprofit provider;

(vii)

Fifteen thousand dollars ($15,000.00) for support of the first children's finance state advisory council and growth fund advisory council;

(viii)

Ten thousand dollars ($10,000.00) for contingency funding;

(ix)

Twenty-two thousand dollars ($22,000.00) for one (1) time office set-up expenses.

(
b
)

The

Wyoming
department of workforce services shall include a request in its 2011-2012 budget
for
one million four
hundred

forty
-six
thousand dol
lars ($
1,4
4
6
,000.00)
from the general fund
for
the purpose of enhancing and expanding child care and early childhood education
as follows:

(i)

Two hundred eighty-eight thousand dollars ($288,000.00) for salary and benefits for the state director and the administrative assistant;

(ii)

Two hundred fifty-eight thousand dollars ($258,000.00) for two (2) additional full-time positions for a program manager and a communications manager;

(i
i
i)

Two hundred thousand dollars ($200,000.00) for program related contract services with the nonprofit organization;

(i
v
)

One hundred eighty thousand dollars ($180,000.00) for office administrative expenses;

(
v)

One hundred twenty thousand dollars ($120,000.00) for graduate student fellowships to assist with the program;

(v
i
)

One
hundred thousand dollars ($
10
0,000.00) for consultant services to assist ten (10) providers for fiscal year 2011
;

(vii)

One hundred fifty thousand dollars ($150,000.00)

for consultant services
to assist fifteen (15) providers for fiscal year 2012;

(v
ii
i)

One hundred thousand dollars ($100,000.00) for administration assistance from the contract nonprofit organization;

(
i
x
)

Thirty thousand dollars ($30,000.00) for support of the first children's finance state advisory council and the growth fund advisory council;

(x
)

Twenty thousand dollars ($20,000.00) for contingency funding.

Section
4
.

T
his act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0257