CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1636

Chapter 507, Laws of 2005

(partial veto)

59th Legislature
2005 Regular Session



CHILD CARE CAREER AND WAGE LADDER



EFFECTIVE DATE: 7/24/05

Passed by the House April 18, 2005
  Yeas 65   Nays 30

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 7, 2005
  Yeas 27   Nays 22


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1636 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved May 17, 2005, with the exception of Section 4, which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 17, 2005 - 2:15 p.m.







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1636
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Roberts, Kagi, Clements, Darneille, Hunt, Green, Kenney, Appleton, Chase, Jarrett, Kessler, Moeller, Morrell, Williams, Ormsby, Murray, Dickerson, Conway, Lantz, Wood, Haigh, McDermott, Santos and Hudgins)

READ FIRST TIME 03/07/05.   



     AN ACT Relating to child care workers; and adding new sections to chapter 74.13 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 74.13 RCW to read as follows:
     The legislature finds that as of 2000, child care workers in the state earned an average hourly wage of eight dollars and twenty-two cents, only fifty-eight percent received medical insurance through employers, only sixty-six percent received paid sick leave, and only seventy-three percent received paid vacation. The legislature further finds that low wages for child care workers create a barrier for individuals entering the profession, result in child care workers leaving the profession in order to earn a living wage in another profession, and make it difficult for child care workers to afford professional education and training. As a result, the availability of quality child care in the state suffers.
     The legislature intends to increase wages to child care workers through establishing a child care career and wage ladder that provides increased wages for child care workers based on their work experience, level of responsibility, and education. To the extent practicable within available funds, this child care career and wage ladder shall mirror the successful child care career and wage ladder pilot project operated by the state between 2000 and 2003. While it is the intent of the legislature to establish the vision of a statewide child care career and wage ladder that will enhance employment quality and stability for child care workers, the legislature also recognizes that funding allocations will determine the extent of statewide implementation of a child care career and wage ladder.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     (1) Subject to the availability of funds appropriated for this specific purpose, the division of child care and early learning in the department of social and health services shall establish a child care career and wage ladder in licensed child care centers that meet the following criteria: (a) At least ten percent of child care slots are dedicated to children whose care is subsidized by the state or any political subdivision thereof or any local government; (b) the center agrees to adopt the child care career and wage ladder, which, at a minimum, shall be at the same pay schedule as existed in the previous child care career and wage ladder pilot project; and (c) the center meets further program standards as established by rule pursuant to section 4 of this act.
     The child care career and wage ladder shall include wage increments for levels of education, years of relevant experience, levels of work responsibility, relevant early childhood education credits, and relevant requirements in the state training and registry system.
     (2) The division shall establish procedures for the allocation of funds to implement the child care career and wage ladder among child care centers meeting the criteria identified in subsection (1) of this section. In developing these procedures, the division shall:
     (a) Review past efforts or administration of the child care career and wage ladder pilot project in order to take advantage of any findings, recommendations, or administrative practices that contributed to that pilot project's success;
     (b) Consult with stakeholders, including organizations representing child care teachers and providers, in developing an allocation formula that incorporates consideration of geographic and demographic distribution of child care centers adopting the child care career and wage ladder; and
     (c) Develop a system for prioritizing child care centers interested in adopting the child care career and wage ladder that is based on the criteria identified in subsection (1) of this section.
     (3) Notwithstanding the requirements of subsection (2) of this section, child care centers meeting the criteria in subsection (1) of this section located in urban areas of the department of social and health services region one shall receive a minimum of fifteen percent of the funds allocated through the child care career and wage ladder, and of these centers, child care centers meeting the criteria in subsection (1) of this section participating in the department of social and health services Spokane tiered reimbursement pilot project shall have first priority for child care career and wage ladder funding.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.13 RCW to read as follows:
     Child care centers adopting the child care career and wage ladder established pursuant to section 2 of this act shall increase wages for child care workers who have earned a high school diploma or GED certificate, gain additional years of experience, or accept increasing levels of responsibility in providing child care, in accordance with the child care career and wage ladder. The adoption of a child care career and wage ladder shall not prohibit the provision of wage increases based upon merit. The department of social and health services shall pay wage increments for child care workers employed by child care centers adopting the child care career and wage ladder established pursuant to section 2 of this act who earn early childhood education credits or meet relevant requirements in the state training and registry system, in accordance with the child care career and wage ladder.

     *NEW SECTION.  Sec. 4   A new section is added to chapter 74.13 RCW to read as follows:
     The division of child care and early learning in the department of social and health services shall establish further program standards by rule. The division of child care and early learning shall also study the impact of the child care career and wage ladder on the quality of child care and the child care work force, and report its findings to the governor and the appropriate committees of the legislature by December 1, 2006.
     *Sec. 4 was vetoed. See message at end of chapter.


         Passed by the House April 18, 2005.
         Passed by the Senate April 7, 2005.
         Approved by the Governor May 17, 2005, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 17, 2005.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Section 4, Substitute House Bill No. 1636 entitled:

     "AN ACT Relating to child care workers."

This bill establishes a childcare career and wage ladder in the Department of Social and Health Services (DSHS), and requires it to be implemented only if funds are appropriated for this purpose. Funds were not appropriated. Childcare career and wage ladders effectively increase the salary and benefits of childcare workers. The DSHS had a childcare career and wage ladder pilot project in place a few years ago but eliminated it when the WorkFirst Program faced a budget shortfall.

Section 4 would require the DSHS to establish program standards, study the impact of the childcare career and wage ladder on the quality of childcare and the childcare workforce, and report its findings to the Legislature by December 1, 2006. Section 4 is not subject to the "within funds specifically appropriated for this purpose" clause in the bill. Section 4 should be vetoed; it makes no sense for the DSHS to take the time to create a report for a program that does not exist.

For these reasons, I have vetoed Section 4 of Substitute House Bill No. 1636.

With the exception of Section 4, Substitute House Bill No. 1636 is approved."