Bill Summary – FastDemocracy

Unofficial Draft Copy
67th Legislature                                                                                                 LC 2780
                                       _____________ BILL NO. _____________
                     INTRODUCED BY _________________________________________________
                                            (Primary Sponsor)
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   A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING HIGH-QUALITY CHILD CARE BUSINESS
   DEVELOPMENT GRANTS; ALLOWING THE DEPARTMENT OF COMMERCE TO ADMINISTER THE
   PROGRAM; CREATING THE CHILD CARE BUSINESS DEVELOPMENT FUND; PROVIDING ELIGIBILITY;
   PROVIDING RULEMAKING AUTHORITY; PROVIDING A STATUTORY APPROPRIATION; AND AMENDING
   SECTION 17-7-502, MCA.”
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              WHEREAS, the Bureau of Business and Economic Research at the University of Montana recently
   conducted a survey to examine the adequacy of child care in Montana and found significant economic impacts
   on Montana parents, employers, and taxpayers; and
              WHEREAS, of the 404 households that responded, 57% reported that finding affordable child care is a
   challenge, 46% reported leaving work in the previous month due to inadequate child care, and 44% of
   respondents missed a full day of work in the previous month due to inadequate child care; and
              WHEREAS, other impacts of inadequate child care included survey respondents who declined to
   pursue further education or training, turned down a promotion or a job offer, reduced work hours from full-time
   to part-time, and had been demoted, transferred to a less desirable position, or fired; and
              WHEREAS, the economic impact for households earning $30,000 or less annually was approximately
   $3,400, more than 10%, in lost wages; and
              WHEREAS, the overall average economic impact in 2019 to the Montana economy included a $5,700
   loss to households, a $2,150 loss to businesses, and a $1,260 loss to taxpayers; and
              WHEREAS, the overall total economic impact in 2019 that inadequate child care had on the state's
   economy included a loss of $145,146,000 to Montana households, $54,562,000 to Montana businesses, and
   $32,036,000 to Montana taxpayers; and
              WHEREAS, the aggregated 10-year burden on the Montana economy due to inadequate child care is
   forecasted to be a cost of $572 million to households, $207 million to businesses, and $128 million to
   taxpayers, for a total aggregated 10-year burden of $907 million from 2019 to 2028.
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Unofficial Draft Copy
67th Legislature                                                                                                         LC 2780
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.         Child care business development fund and program -- rulemaking.
   (1) There is a child care business development fund account in the state special revenue fund established in
   17-2-102. The fund and program are administered by the department of commerce. The fund and program are
   established to provide child care business development grants to high-quality child care businesses.
              (2)   It is the intent of this section to require the department to create grants that stimulate high-quality,
   new child care businesses and growth for existing child care businesses.
              (3)   The revenue in the account is statutorily appropriated, as provided in 17-7-502, to the department
   of commerce. The department may accept federal funds granted by congress or by executive order and gifts,
   grants, and donations for any purpose of this section.
              (4)   The department of commerce may make rules to implement the provisions of this section.
              (5)   For the purposes of this section, the term "child care business" means an entity providing child
   day-care services as provided under Title 52, chapter 2, part 7. The business must follow industry standards as
   determined by the quality, rating, and improvement system that is described by the national association for the
   education of young children. The term includes a day-care, day-care center, and day-care facility as defined in
   52-2-703.
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              Section 2. Section 17-7-502, MCA, is amended to read:
              "17-7-502.    Statutory appropriations -- definition -- requisites for validity. (1) A statutory
   appropriation is an appropriation made by permanent law that authorizes spending by a state agency without
   the need for a biennial legislative appropriation or budget amendment.
              (2)   Except as provided in subsection (4), to be effective, a statutory appropriation must comply with
   both of the following provisions:
              (a)   The law containing the statutory authority must be listed in subsection (3).
              (b)   The law or portion of the law making a statutory appropriation must specifically state that a
   statutory appropriation is made as provided in this section.
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Unofficial Draft Copy
67th Legislature                                                                                                      LC 2780
              (3)   The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-11-
   407; 5-13-403; 5-13-404; 7-4-2502; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-807; 10-3-203; 10-3-310;
   10-3-312; 10-3-314; 10-3-802; 10-3-1304; 10-4-304; 15-1-121; 15-1-218; 15-31-1004; 15-31-1005; 15-35-108;
   15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-
   106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410;
   19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-
   107; 20-9-534; 20-9-622; 20-9-905; 20-26-617; 20-26-1503; 22-1-327; 22-3-116; 22-3-117; 22-3-1004; 23-4-
   105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-
   503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213; 44-13-102; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-
   108; 53-24-206; 60-11-115; 61-3-321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-
   214; 75-11-313; 75-26-308; 76-13-151; 76-13-150; 76-17-103; 76-22-109; 77-1-108; 77-2-362; 80-2-222; 80-4-
   416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-2-526; 85-20-
   1504; 85-20-1505; [85-25-102]; 87-1-603; 90-1-115; [section 1]; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
              (4)   There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,
   paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued
   pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of
   Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined
   by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have
   statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the
   inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement
   system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410
   terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental
   benefit provided by 19-6-709; pursuant to sec. 27, Ch. 285, L. 2015, and sec. 1, Ch. 292, L. 2015, the inclusion
   of 53-9-113 terminates June 30, 2021; pursuant to sec. 6, Ch. 291, L. 2015, the inclusion of 50-1-115
   terminates June 30, 2021; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on
   occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117
   terminates June 30, 2025; pursuant to sec. 33, Ch. 457, L. 2015, the inclusion of 20-9-905 terminates
   December 31, 2023; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30, 2023;
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Unofficial Draft Copy
67th Legislature                                                                                                  LC 2780
   pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025; pursuant to
   sec. 55, Ch. 151, L. 2017, the inclusion of 30-10-1004 terminates June 30, 2021; pursuant to sec. 1, Ch. 213, L.
   2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8, Ch. 284, L. 2017, the
   inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec. 1, Ch. 340, L. 2017,
   the inclusion of 22-1-327 terminates July 1, 2023; pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-
   103 terminates June 30, 2027; pursuant to sec. 5, Ch, 50, L. 2019, the inclusion of 37-50-209 terminates
   September 30, 2023; pursuant to sec. 1, Ch. 408, L. 2019, the inclusion of 17-7-215 terminates June 30, 2029;
   pursuant to secs. 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June 30, 2027;
   pursuant to sec. 7, Ch. 465, L. 2019, the inclusion of 85-2-526 terminates July 1, 2023; and pursuant to sec. 5,
   Ch. 477, L. 2019, the inclusion of 10-3-802 terminates June 30, 2023.)"
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Statutes affected: 
Introduced: 17-7-502