HomeMy WebLinkAbout15883RESOLUTION NO. 15883
A RESOLUTION FROM THE CITY OF PUEBLO IN SUPPORT
OF COLORADO SB25-004 REGULATING CHILD CARE FEES,
CONCERNING REGULATING FEES LICENSED CHILD CARE
CENTERS MAY CHARGE FAMILIES
WHEREAS, access to and affordability of quality child care continues to be a pressing
concern in Colorado, hampering many parents from entering the workforce or remaining fully or
consistently employed; and
WHEREAS, some child care providers charge families a fee to put their name on a
waitlist and due to child care shortages, most families looking for child care pay waitlist fees,
most of which are non-refundable, to numerous child care providers; and
WHEREAS, unlike a deposit that holds a slot, waitlist fees are more analogous to paying
for the right to be at the back of a very long line; and
WHEREAS, SB25-004 will address the high costs of child care by limiting private child
care center application or waitlist fees to $25. Additionally, the bill would require private child
care centers to publish a policy for creating fees that would be made available to families before
they apply. Under the bill, the waitlist fee may only be used to cover administrative costs, and a
deposit fee must be applied to the first month of child care following the acceptance of child care
services; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City Council of the City of Pueblo, for the above-stated reasons, supports the
passage of SB25-004 and urges the Colorado State Legislature to enact the same.
SECTION 2.
A copy of this Resolution be transmitted to all members of the Colorado General
Assembly and the Governor of Colorado.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Resolution to effectuate the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: January 27, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: January 27, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Sarah Martinez, Councilor
SUBJECT: A RESOLUTION FROM THE CITY OF PUEBLO IN SUPPORT OF
COLORADO SB25-004 REGULATING CHILD CARE FEES,
CONCERNING REGULATING FEES LICENSED CHILD CARE
CENTERS MAY CHARGE FAMILIES
SUMMARY:
Attached is a Resolution in support of Colorado SB25-004 concerning regulating fees
licensed child care centers may charge families.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
SB25-004 limits the amount a licensed child care center, family child care home, or
substitute plchild care center
application fee to $25. A child care center shall use a wait list fee or an application fee
to cover only the administrative burdens of managing a wait list or processing an
application. A child care center shall credit a deposit fee toward the family's first month
of child care if the family secures a position with the child care center.
For transparency and accountability to families, a child care center shall create and
publish a policy for establishing fees. Each child care center shall make the information
available to families in a clear and understandable format before families apply to and
enroll in the child care center. Each child care center shall display the information in a
prominent and conspicuous location:
On the child care center's website, if applicable;
In the child care center's facility at all times during operational hours; and
On the child care center's application.
During the Department of Early ChildhooDepartment
complaint is filed regarding fees, the Department shall review the information in the
child care center's policy for establishing fees to confirm the child care center is
complying with the law. If the Department finds the child care center is not compliant,
the child care center has 30 days after the date of inspection to comply. If the child care
center does not comply within 30 days after the date of inspection, the department may
take further disciplinary action.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City in passing this Resolution.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
City Council could choose not to publicly support Colorado SB25-004.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. SB25-004
First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0605.01 Alana Rosen x2606 SENATE BILL 25-004
SENATE SPONSORSHIP
Winter F. and Marchman,
HOUSE SPONSORSHIP
Willford and Garcia,
Senate CommitteesHouse Committees
Business, Labor, & Technology
A BILL FOR AN ACT
101 C ONCERNING REGULATING FEES LICENSED CHILD CARE CENTERS MAY
102 CHARGE FAMILIES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill limits the amount a licensed child care center, family child
care home, or substitute placement agency (child care center) may charge
for a wait list fee or an application fee to $25.
A child care center shall use a wait list fee or an application fee to
cover only the administrative burdens of managing a wait list or
processing an application.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
A child care center shall credit a deposit fee toward the family's
first month of child care if the family secures a position with the child
care center.
For transparency and accountability to families, a child care center
shall create and publish a policy for establishing fees. Each child care
center shall make the information available to families in a clear and
understandable format before families apply to and enroll in the child care
center. Each child care center shall display the information in a prominent
and conspicuous location:
!On the child care center's website, if applicable;
!In the child care center's facility at all times during
operational hours; and
!On the child care center's application.
During the department of early childhood's (department) periodic
inspections, or if a complaint is filed regarding fees, the department shall
review the information in the child care center's policy for establishing
fees to confirm the child care center is complying with the law. If the
department finds the child care center is not compliant, the child care
center has 30 days after the date of inspection to comply. If the child care
center does not comply within 30 days after the date of inspection, the
department may take further disciplinary action.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. In Colorado Revised Statutes, add 26.5-5-332 as
3follows:
4 26.5-5-332. Regulation of child care center fees - complaints
5- enforcement - definitions. (1) A S USED IN THIS SECTION, UNLESS THE
6 CONTEXT OTHERWISE REQUIRES:
7(a) "C HILD CARE CENTER" MEANS A CHILD CARE CENTER, A FAMILY
8 CHILD CARE HOME, OR A SUBSTITUTE PLACEMENT AGENCY LICENSED
9 PURSUANT TO THIS PART 3.
10(b) "C HILD CARE CENTER APPLICATION FEE" OR "APPLICATION FEE"
11 MEANS A SUM OF MONEY, HOWEVER DENOMINATED, THAT IS CHARGED OR
12 ACCEPTED BY A CHILD CARE CENTER FROM A PROSPECTIVE FAMILY IN
13 CONNECTION WITH THE PROSPECTIVE FAMILY'S SUBMISSION OF A CHILD
-2-SB25-004
1 CARE CENTER APPLICATION.
2(c) "C HILD CARE CENTER DEPOSIT FEE" OR "DEPOSIT FEE" MEANS
3 A SUM OF MONEY, HOWEVER DENOMINATED, THAT IS CHARGED OR
4 ACCEPTED BY A CHILD CARE CENTER FROM A FAMILY IN CONNECTION WITH
5 THE FAMILY SECURING A GUARANTEED CHILD CARE POSITION.
6(d) "C HILD CARE CENTER WAIT LIST FEE" OR "WAIT LIST FEE"
7 MEANS A ONE-TIME FEE CHARGED OR ACCEPTED BY A CHILD CARE CENTER
8 FROM A PROSPECTIVE FAMILY IN CONNECTION WITH THE PROSPECTIVE
9 FAMILY JOINING A WAIT LIST FOR A POTENTIAL CHILD CARE POSITION THAT
10 IS NOT YET AVAILABLE.
11(2) (a) A CHILD CARE CENTER MAY CHARGE A CHILD CARE CENTER
12 WAIT LIST FEE TO PROSPECTIVE FAMILIES SEEKING A POTENTIAL CHILD
13 CARE POSITION THAT IS NOT YET AVAILABLE. A CHILD CARE CENTER SHALL
14 NOT CHARGE MORE THAN TWENTY-FIVE DOLLARS PER WAIT LIST
15 TRANSACTION.
16(b) T HE WAIT LIST FEE MUST BE A SEPARATE FEE FROM THE OTHER
17 FEES A CHILD CARE CENTER MAY CHARGE. A CHILD CARE CENTER SHALL
18 USE A WAIT LIST FEE TO COVER ONLY THE ADMINISTRATIVE BURDENS OF
19 MANAGING A WAIT LIST.
20(3) (a) A CHILD CARE CENTER MAY CHARGE A CHILD CARE CENTER
21 APPLICATION FEE TO PROSPECTIVE FAMILIES WHO SUBMIT AN APPLICATION
22 TO THE CHILD CARE CENTER SEEKING TO SECURE CHILD CARE SERVICES. A
23 CHILD CARE CENTER SHALL NOT CHARGE MORE THAN TWENTY-FIVE
24 DOLLARS PER APPLICATION.
25(b) T HE APPLICATION FEE MUST BE A SEPARATE FEE FROM THE
26 OTHER FEES A CHILD CARE CENTER MAY CHARGE. A CHILD CARE CENTER
27 SHALL USE AN APPLICATION FEE TO COVER ONLY THE ADMINISTRATIVE
-3-SB25-004
1 BURDENS OF PROCESSING AN APPLICATION.
2(4) A CHILD CARE CENTER MAY CHARGE A CHILD CARE CENTER
3 DEPOSIT FEE TO A FAMILY TO SECURE A GUARANTEED CHILD CARE
4 POSITION. T HE CHILD CARE CENTER SHALL CREDIT THE DEPOSIT FEE
5 TOWARD THE FAMILY'S FIRST MONTH OF CHILD CARE FOLLOWING THE
6 ACCEPTANCE OF CHILD CARE SERVICES.
7(5) (a) F OR TRANSPARENCY AND ACCOUNTABILITY TO FAMILIES,
8 A CHILD CARE CENTER SHALL CREATE AND PUBLISH A POLICY FOR
9 ESTABLISHING FEES, WHICH MAY INCLUDE THE FOLLOWING:
10(I) W AIT LIST FEES;
11(II) A PPLICATION FEES;
12(III) D EPOSIT FEES;
13(IV) T UITION FEES;
14(V) L ATE PICK-UP FEES;
15(VI) A CTIVITY FEES;
16(VII) F IELD TRIP FEES;
17(VIII) U NIFORM FEES;
18(IX) S UPPLY FEES;
19(X) M EAL AND SNACK FEES;
20(XI) R EGISTRATION FEES;
21(XII) L ATE PAYMENT FEES; AND
22(XIII) A NY OTHER FEES.
23(b) (I) E ACH CHILD CARE CENTER SHALL MAKE THE INFORMATION
24 DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION AVAILABLE TO FAMILIES
25 IN A CLEAR AND UNDERSTANDABLE FORMAT BEFORE FAMILIES APPLY TO
26 AND ENROLL IN THE CHILD CARE CENTER.
27(II) E ACH CHILD CARE CENTER SHALL DISPLAY THE INFORMATION
-4-SB25-004
1 IN A PROMINENT AND CONSPICUOUS LOCATION:
2(A) O N THE CHILD CARE CENTER'S WEBSITE, IF APPLICABLE;
3(B) I N THE CHILD CARE CENTER'S FACILITY AT ALL TIMES DURING
4 OPERATIONAL HOURS; AND
5(C) O N THE CHILD CARE CENTER'S APPLICATION.
6(6) (a) D URING AN INSPECTION CONDUCTED PURSUANT TO SECTION
726.5-5-316 (1), OR IF A COMPLAINT REGARDING FEES IS FILED WITH THE
8 DEPARTMENT THROUGH THE COMPLAINT PROCEDURES DESCRIBED IN
9 SECTION 26.5-5-316 (1)(b)(II) OR THE CHILD CARE RESOURCE AND
10 REFERRAL SYSTEM CREATED IN SECTION 26.5-5-324, THE DEPARTMENT
11 SHALL REVIEW THE INFORMATION DESCRIBED IN SUBSECTION (5)(a) OF
12 THIS SECTION TO DETERMINE WHETHER THE CHILD CARE CENTER IS
13 COMPLYING WITH THE REQUIREMENTS OF THIS SECTION.
14(b) I F THE DEPARTMENT FINDS THE CHILD CARE CENTER IS NOT
15 COMPLIANT WITH THIS SECTION FOLLOWING THE INSPECTION DESCRIBED
16 IN SUBSECTION (6)(a) OF THIS SECTION, THE CHILD CARE CENTER HAS
17 THIRTY DAYS AFTER THE DATE OF INSPECTION TO COMPLY WITH THE
18 REQUIREMENTS OF THIS SECTION.
19(c) I F THE CHILD CARE CENTER DOES NOT COMPLY WITH THE
20 REQUIREMENTS OF THIS SECTION WITHIN THIRTY DAYS AFTER THE DATE OF
21 INSPECTION DESCRIBED IN SUBSECTION (6)(a) OF THIS SECTION, THE
22 DEPARTMENT MAY TAKE FURTHER DISCIPLINARY ACTION PURSUANT TO
23 SECTION 26.5-5-317 (2).
24(7) (a) T HIS SECTION DOES NOT APPLY TO THE UNIVERSAL
25 PRESCHOOL PROGRAM ESTABLISHED IN PART 2 OF ARTICLE 4 OF THIS TITLE
2626.5; THE C OLORADO CHILD CARE ASSISTANCE PROGRAM CREATED IN
27 PART 1 OF ARTICLE 4 OF THIS TITLE 26.5; OR A HEAD START PROGRAM, AS
-5-SB25-004
1 DEFINED IN SECTION 26.5-4-103.
2(b) A CHILD CARE CENTER SHALL REIMBURSE A FAMILY FOR A WAIT
3 LIST FEE OR AN APPLICATION FEE IF IT IS LATER DETERMINED THAT THE
4 FAMILY QUALIFIED FOR THE C OLORADO CHILD CARE ASSISTANCE
5 PROGRAM WHEN THE FAMILY PAID THE WAIT LIST FEE OR APPLICATION FEE.
6 SECTION 2. Act subject to petition - effective date. This act
7takes effect January 1, 2026; except that, if a referendum petition is filed
8pursuant to section 1 (3) of article V of the state constitution against this
9act or an item, section, or part of this act within such period, then the act,
10item, section, or part will not take effect unless approved by the people
11at the general election to be held in November 2026 and, in such case,
12will take effect on the date of the official declaration of the vote thereon
13by the governor.
-6-SB25-004
