S T A T E O F N E W Y O R K
________________________________________________________________________
2314
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. LIFTON, SCARBOROUGH, CHRISTENSEN, HOOPER, LUPAR-
DO, PHEFFER, JAFFEE -- Multi-Sponsored by -- M. of A. ABBATE, BING,
BRENNAN, BRODSKY, COLTON, DESTITO, EDDINGTON, GALEF, GOTTFRIED,
GUNTHER, JOHN, PEOPLES-STOKES, REILLY, ROBINSON, SWEENEY -- read once
and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to establishing an
advisory council of child care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
390-g to read as follows:
S 390-G. ADVISORY COUNCIL OF CHILD CARE PROVIDERS. 1. THERE IS HEREBY
CREATED IN THE OFFICE OF CHILDREN AND FAMILY SERVICES AN ADVISORY COUN-
CIL OF CHILD CARE PROVIDERS. THE COUNCIL SHALL CONSIST OF SIXTEEN
MEMBERS AS FOLLOWS:
(A) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
HIS OR HER DESIGNEE, AND THE COMMISSIONER OF EDUCATION OR HIS OR HER
DESIGNEE;
(B) TEN MEMBERS WHO ARE CURRENTLY CHILD DAY CARE PROVIDERS AS DEFINED
BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF
THIS ARTICLE TO BE APPOINTED AS FOLLOWS: FOUR TO BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE, OF WHOM ONE MEMBER SHALL HAVE EXPERI-
ENCE IN THE OPERATIONS OF A CHILD CARE CENTER, ONE MEMBER SHALL HAVE
EXPERIENCE IN THE OPERATIONS OF A GROUP FAMILY DAY CARE HOME, ONE MEMBER
SHALL HAVE EXPERIENCE IN THE OPERATIONS OF A FAMILY DAY CARE HOME, AND
ONE MEMBER SHALL HAVE EXPERIENCE IN THE OPERATIONS OF SCHOOL AGE CHILD
CARE; FOUR TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, OF WHOM ONE
MEMBER SHALL HAVE EXPERIENCE IN THE OPERATIONS OF A CHILD CARE CENTER,
ONE MEMBER SHALL HAVE EXPERIENCE IN THE OPERATIONS OF A GROUP FAMILY DAY
CARE HOME, ONE MEMBER SHALL HAVE EXPERIENCE IN THE OPERATIONS OF A FAMI-
LY DAY CARE HOME, AND ONE MEMBER SHALL HAVE EXPERIENCE IN THE OPERATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD05425-01-9
A. 2314 2
OF SCHOOL AGE CHILD CARE; ONE TO BE APPOINTED BY THE MINORITY LEADER OF
THE SENATE, AND ONE TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
(C) TWO MEMBERS REPRESENTING CHILD CARE RESOURCE AND REFERRAL
PROGRAMS, TO BE APPOINTED BY THE GOVERNOR; AND
(D) TWO MEMBERS REPRESENTING LOCAL SOCIAL SERVICES DISTRICTS, TO BE
APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL REPRESENT THE CITY OF NEW
YORK.
2. ALL MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE FOR TERMS OF THREE
YEARS, SUCH TERMS TO COMMENCE ON SEPTEMBER FIRST, AND EXPIRE ON AUGUST
THIRTY-FIRST; PROVIDED, HOWEVER, THAT FOR THEIR INITIAL APPOINTMENTS,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
SHALL EACH DESIGNATE ONE MEMBER TO SERVE A TERM OF ONE YEAR, ONE MEMBER
TO SERVE A TERM OF TWO YEARS AND TWO MEMBERS TO SERVE A TERM OF THREE
YEARS. THE COUNCIL SHALL SELECT A CHAIRPERSON FROM AMONG ITS MEMBERS.
3. THE ADVISORY COUNCIL SHALL MEET REGULARLY AT LEAST FOUR TIMES IN
EACH YEAR. SPECIAL MEETINGS MAY BE CALLED BY ITS CHAIRPERSON OR AT THE
REQUEST OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES. THE ADVISORY COUNCIL SHALL REPORT AT LEAST ANNUALLY TO THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
4. THE MEMBERS OF THE ADVISORY COUNCIL SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS COUNCIL MEMBERS.
COUNCIL MEMBERS APPOINTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE
OF THIS SECTION WHO ARE FAMILY OR GROUP FAMILY DAY CARE PROVIDERS AND,
WHO, AS A RESULT OF TIME SPENT ATTENDING COUNCIL MEETINGS, INCUR
EXPENSES FOR THE SALARY OF A SUBSTITUTE EMPLOYEE, SHALL BE REIMBURSED
FOR THESE EXPENSES.
5. THE COUNCIL SHALL HAVE THE POWER AND DUTY TO:
(A) IDENTIFY AND REVIEW CHILD CARE ISSUES AND CURRENT STATE POLICIES
AND PROGRAMS WHICH DIRECTLY OR INDIRECTLY AFFECT CHILD CARE IN THE STATE
AND, AS APPROPRIATE, RECOMMEND THE ADOPTION OF NEW, OR THE MODIFICATION
OF EXISTING, POLICIES AND PROGRAMS;
(B) RECOMMEND WAYS OF ENSURING PROTECTION FOR CHILDREN IN CHILD DAY
CARE IN THE STATE;
(C) ADVISE THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES OF RECOMMENDATIONS NECESSARY TO FOSTER AND PROMOTE THE FINAN-
CIAL, BUSINESS, AND TRAINING REQUIREMENTS OF PROVIDING CHILD DAY CARE;
(D) RECOMMEND CHANGES TO THE DATA PUBLICLY PROVIDED FOR DAY CARE
PROVIDERS; AND
(E) RECOMMEND IMPROVEMENTS TO THE CHILD DAY CARE SUBSIDY SYSTEM.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.