New Jersey A 4177: Extends duration of law requiring certain provider subsidy payments for child care services be based on enrollment.

Bill Text

(Sponsorship Updated As Of: 1/8/2024)
[Third Reprint]
ASSEMBLY, No. 4177

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED JUNE 2, 2022

Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
Senator M. TERESA RUIZ
District 29 (Essex)
Senator JOSEPH F. VITALE
District 19 (Middlesex)

Co-Sponsored by:
Assemblywoman Jasey, Assemblyman Spearman, Assemblywoman
Reynolds-Jackson, Assemblyman Moen, Assemblywomen Lampitt, Lopez,
Assemblyman Coughlin, Senators Cruz-Perez, Cryan, Cunningham,
Singleton, Stanfield, Turner, Stack, Assemblyman Atkins,
Assemblywomen Speight and Murphy

SYNOPSIS
Extends duration of law requiring certain provider subsidy payments for
child care services be based on enrollment.

CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on
November 30, 2023, with amendments.

A4177 [3R] MOSQUERA, SWAIN
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1Assembly AWC committee amendments adopted June 9, 2022.
2Assembly AAP committee amendments adopted May 18, 2023.
3Senate SBA committee amendments adopted November 30, 2023.

AN ACT concerning child care subsidies and amending P.L.2021, 1
c.324. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6

11. The title of P.L.2021, c.324 is amended to read as follows: 7
AN ACT concerning State subsidies to child care providers , 8
supplementing Title 30 of the Revised Statutes, and making an 9
appropriation.
1 10
(cf: P.L.2021, c.324, Title) 11
12

1[1.] 2.
1 Section 1 of P.L.2021, c.324
1(C. )
1 is amended to 13
read as follows: 14
1. a. For the period beginning on the effective date of P.L.2021, 15
c.324 and ending June 30, [2022] 2025, and notwithstanding any law, 16
rule, or regulation to the contrary and in addition to any other criteria 17
set forth by the Division of Family Development in the Department of 18
Human Services to determine a provider’s subsidy payment for child 19
care services, the division shall determine the subsidy payment for 20
child care services issued to a licensed child care center or a registered 21
family day care provider based on the number of children enrolled 22
with the provider who are eligible for child care services. At no time 23
during this period shall a subsidy payment for child care services 24
issued to a licensed child care center or a registered family day care 25
provider be based on the attendance of eligible children for child care 26
services. 27
b.
3(1)
3 A licensed child care center or a registered family day care 28
provider for which the subsidy payment is based on enrollment of 29
children who are eligible for child care services shall comply at all 30
times with requirements concerning the ratio of staff to enrolled 31
children, as established pursuant to regulation by the Office of 32
Licensing in the Department of Children and Families. At no time 33
shall this ratio be based on the attendance of children eligible for child 34
care services. 35

3(2) A licensed child care center or a registered family day care 36
provider receiving an enrollment-based subsidy payment pursuant to 37
this section shall pay wages to its staff, and determine the number of 38
hours worked by staff, based on the number of children enrolled with 39
the provider who are eligible for child care services. At no time shall 40
the amount of wages paid to staff or the number of hours worked by 41
staff be based on the attendance of children eligible for child care 42
services. 43

A4177 [3R] MOSQUERA, SWAIN
3

(3) A licensed child care center or a registered family day care 1
provider receiving an enrollment-based subsidy payment pursuant to 2
this section shall continue to receive such payments until the division 3
issues the final report required pursuant to subsection c. of this section, 4
at which time the division may consider to extend the payment of 5
enrollment-based subsidies to licensed child care centers and 6
registered family day care providers in accordance with P.L.2021, 7
c.324 (C. ).
3 8
c. [Within 12 months following the effective date of this act, the 9
division shall conduct a study and submit a written report to the 10
Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), 11
to the Legislature] The division shall conduct a study comparing the 12
costs of basing child care provider subsidy payments on the number of 13
children enrolled who are eligible for child care services and basing 14
such subsidy payments on the number of children in attendance who 15
are eligible for child