S T A T E   O F   N E W   Y O R K
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                                  1287

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, DIAZ, DUANE, HASSELL-THOMPSON, SAMPSON,
  SCHNEIDERMAN, SERRANO, THOMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT establishing a demonstration  program  to  facilitate  employers'
  efforts  in  expanding  the  supply  of  quality child day care and in
  providing related benefits to their employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings and intent. The legislature finds and
declares that the need for quality child day care has increased and that
the current supply of such day care does not meet the demand for it. The
legislature further finds and declares that children benefit from quali-
ty child care.
  It is the intent of the legislature to facilitate employer initiatives
in child day care and flexible benefits options in order to increase the
general supply of quality child day care and to provide working  parents
with increased options in the care of their children.
  S  2. The office of children and family services is hereby authorized,
within amounts available therefor by appropriation, to conduct a  demon-
stration  program  with  three existing child care resource and referral
agencies for the purpose of expanding the supply of  quality  child  day
care  by  facilitating employers' support, sponsorship and initiative in
the areas of child day care  and  related  benefits  options  for  their
employees.
  Each demonstration project shall provide for the hiring of an employer
resource  specialist, who shall be a person knowledgeable about business
and whose provision of service during the duration of such program shall
be deemed to be a part of the employer child care resource and  referral
program  services  function  required  of each   such agency pursuant to
section 410-q of the social services law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05562-01-9

              

S. 1287                             2

  Such employer resource specialist shall do some or all of the  follow-
ing:
  (1)  compile  a resource file for use by employers seeking to identify
models and options used by other employers, in order to provide linkages
among employers;
  (2) provide outreach and information to  private  employers  regarding
the range of child day care and flexible benefits alternatives available
to them;
  (3)  act  as  liaison  for  the  business community and state agencies
responsible for child day care regulation;
  (4) provide employers with a resource specialist who  understands  the
capabilities of various businesses, child care policies and regulations,
and benefits options;
  (5) provide technical assistance in the selection and development of a
particular child care option;
  (6)  inform employers of various child care options including, but not
limited to, the following:
  (a) support of existing community and family day care providers;
  (b) development of additional community child care slots;
  (c) start-up and/or support of on-site or near-site centers;
  (d) tax information;
  (e) state and local laws and regulations and local zoning regulations;
  (f) participation in consortia;
  (g) flexible benefits and personnel policies;
  (h) educational programs for parents;
  (i) child day care reimbursement programs;
  (j) school-age child day care;
  (7) organize conferences or similar activities to  educate  employers;
and
  (8)  engage in any other activity that will enhance the intent of this
act.
  Such  employer  resource  specialist  shall  utilize   the   available
resources  of the child care resource and referral agency by which he or
she is employed.
  S 3. The commissioner of the office of children  and  family  services
shall  award  three  contracts  to  agencies  administering  child  care
resource and referral programs.
  (1) Such commissioner shall publicize the availability of funds pursu-
ant to this act and shall solicit and  evaluate  applications  prior  to
selecting  agencies to operate programs funded herein. Such commissioner
shall:
  (a) provide, or arrange for the provision of, technical assistance  to
any agency requesting assistance  in the completion of such application;
and
  (b)  approve  or disapprove applications within 45 days of the receipt
of the initial or modified applications.
  (2) In reviewing the applications and determining the amount  of  each
contract, such commissioner shall consider:
  (a)  the  availability and the accessibility of child care services in
the region to be served by the applicant;
  (b) the availability of resources from other than state sources to the
applicant; and
  (c) the ability of the applicant to:
  (i) provide information and technical assistance to private  employers
regarding child day care and flexible benefits options;
  (ii) establish relationships with business representatives;

S. 1287                             3

  (iii)  expand  resource  file to include employer-supported child care
endeavors;
  (iv) provide linkages between employers; and
  (v)  provide full recognition of confidentiality rights of parents and
guardians.
  S 4. The commissioner of the office of children  and  family  services
shall  provide  technical  assistance  to  agencies  receiving contracts
pursuant to this act, shall assist in  implementation  of  services  and
shall  monitor  the performance of agencies receiving contracts pursuant
to this act to assure that the terms  of  the  contract  are  met,  that
services are provided in accordance with the intent of this act and that
funds are used as required herein.
  Such  commissioner shall assist agencies awarded contracts to actively
involve employers, private businesses, community organizations and other
interested individuals and organizations in the  planning,  development,
support  and utilization of child care resource and referral services in
the areas served by such agencies.
  The office of children and family services shall require that a  writ-
ten annual evaluation report be made of each demonstration program, with
copies  of  such  report to be provided to the governor and the legisla-
ture. Such  report  shall  summarize,  based  upon  monitoring  of  such
program, the following aspects of such program:
  (1)   the  characteristics  and  numbers  of  employers  who  received
services;
  (2) the characteristics of the options which such employers select;
  (3) the effect that the program has on increasing the availability and
accessibility of child care services and improving their quality;
  (4) the nature of services provided by the program;
  (5) the impact of child day care options developed  or  stimulated  by
employers  so  as  to  determine whether such program creates a separate
system of child care for parents who are working and/or  a  differential
system for employees; and
  (6) the cost to the state to administer the program.
  S  5. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law, provided, however that the
commissioner of the office of children and family services shall promul-
gate rules and regulations necessary to implement the provisions of this
act prior to such effective date.