Amendments for HB25-1011
House Journal, February 19
29 HB25-1011 be amended as follows, and as so amended, be referred to
30 the Committee on Appropriations with favorable
31 recommendation:
32
33 Amend printed bill, page 2, before line 2 insert:
34
35 "SECTION 1. Legislative declaration. (1) The general
36 assembly finds that:
37 (a) Colorado families need and deserve an abundance of
38 high-quality, affordable child care options, and such a system benefits
39 Colorado children, parents, communities, businesses, and the state
40 economy;
41 (b) Large for-profit child care center chains backed by
42 institutional investors have been proliferating in Colorado, and these child
43 care center chains have a profit maximization motive distinct from
44 nonprofit, community-based, or small noninstitutional investor-backed
45 for-profit child care programs;
46 (c) Child care center chains have, at times, engaged in
47 profit-driven actions contrary to the best interests of staff, enrolled
48 families, and the health of Colorado's overall child care system. These
49 actions include targeted or sudden closures of child care sites and real
50 estate transactions that harm the financial position of child care sites.
51 (d) As more public funding becomes available to support
52 Colorado's child care system, expansion of child care center chains is
53 likely and may result in the capture of public dollars for the private gain
54 of investors;
55
1 (e) The government has long taken an active role in establishing
2 guardrails against profit-maximizing behavior by private businesses,
3 particularly those in which there is a strong public interest, such as private
4 educational institutions, hospitals, banks, and airlines;
5 (2) Therefore, the general assembly declares that it is necessary to:
6 (a) Define large for-profit, institutionally backed child care center
7 chains as a distinct class of child care program; and
8 (b) Establish guardrails that mitigate profit-maximizing behavior
9 in child care, including preventing child care center chains from:
10 (I) Levying excessive ancillary fees, such as wait list fees;
11 (II) Not being transparent about the full price of services;
12 (III) Forcing sale-leaseback arrangements that enrich investors,
13 leaving child care sites with unnecessary debt; and
14 (IV) Conducting mass layoffs or site closures without reasonable
15 notice to staff and enrolled families.".
16
17 Renumber succeeding sections accordingly.
18
19 Page 3, strike lines 6 through 26 and substitute:
20
21 "(2) A CHILD CARE CENTER OWNED BY AN INSTITUTIONAL
22 INVESTMENT ENTITY SHALL POST AND UPDATE CHILD CARE PRICING ON
23 THE CHILD CARE CENTER'S WEBSITE PURSUANT TO THE REQUIREMENTS OF
24 SECTION 26.5-5-332 (5).
25 (3) (a) UPON ACQUISITION OF A CHILD CARE CENTER, AN
26 INSTITUTIONAL INVESTMENT ENTITY SHALL PROVIDE AT LEAST SIXTY
27 DAYS' NOTICE TO CHILD CARE CENTER EMPLOYEES AND FAMILIES WHO
28 HAVE CHILDREN ENROLLED AT THE CHILD CARE CENTER IF THE
29 INSTITUTIONAL INVESTMENT ENTITY INTENDS TO LAY OFF CHILD CARE
30 CENTER EMPLOYEES OR CHANGE ENROLLMENT OR ELIGIBILITY
31 REQUIREMENTS FOR THE CHILD CARE CENTER AS A RESULT OF THE
32 INSTITUTIONAL INVESTMENT ENTITY'S ACQUISITION.
33 (b) THE DEPARTMENT MAY REQUIRE AN INSTITUTIONAL
34 INVESTMENT ENTITY TO ANNUALLY SUBMIT INFORMATION RELATED TO
35 THE INSTITUTIONAL INVESTMENT ENTITY'S GENERAL FINANCIAL
36 CONDITION. THIS INFORMATION MAY INCLUDE AUDITED FINANCIAL
37 STATEMENTS.".
38
39 Page 4, after line 6 insert:
40
41 "(5) IF A CHILD CARE CENTER DOES NOT COMPLY WITH THE
42 REQUIREMENTS OF THIS SECTION, THE DEPARTMENT MAY TAKE FURTHER
43 DISCIPLINARY ACTION PURSUANT TO SECTION 26.5-5-317 (2).
44 SECTION 3. Effective date. This act takes effect upon passage;
45 except that section 26.5-1-118 (2), Colorado Revised Statutes, as enacted
46 in section 1 of this act, takes effect only if Senate Bill 25-004 becomes
47 law, in which case section 26.5-1-118 (2) takes effect on the effective
48 date of this act or Senate Bill 25-004, whichever is later.".
49
50 Renumber succeeding section accordingly.
51
52
House Journal, March 4
5 Amendment No. 1, Health & Human Services Report, dated February 18,
6 2025, and placed in member’s bill file; Report also printed in House
7 Journal, February 28, 2025.
8
9 Amendment No. 2, by Representative Garcia:
10
11 Amend the Health and Human Services Committee Report, dated
12 February 18, 2025, page 2, line 35, strike "section 1" and substitute
13 "section 2".
14
15 Amendment No. 3, by Representative Sirota:
16
17 Amend the House Health and Human Services Committee Report, dated
18 February 18, 2025, page 2, strike line 16 and substitute:
19 "(3) (a) AN".
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23
Senate Journal, April 2
After consideration on the merits, the Committee recommends that HB25-1011 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, strike lines 22 through 27.
Strike page 4.
Page 5, strike lines 1 through 12 and substitute:
"26.5-1-118. Private equity acquisition of child care centers -
applicability - definition. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES, "CHILD CARE CENTER" MEANS A CHILD CARE CENTER, AS
DEFINED IN SECTION 26.5-5-303, OR A SUBSTITUTE PLACEMENT AGENCY, AS
DEFINED IN SECTION 26.5-5-303.
(2) FOR TRANSPARENCY AND ACCOUNTABILITY TO FAMILIES, A CHILD
CARE CENTER MUST PROVIDE A FEE SCHEDULE TO FAMILIES UPON:
(a) JOINING A WAIT LIST;
(b) REGISTRATION;
(c) REQUEST OF THE FAMILY; OR
(d) CHANGES TO THE FEE SCHEDULE.
(3) UPON ACQUISITION OF A CHILD CARE CENTER, THE PURCHASING
ENTITY MUST PROVIDE AT LEAST A SIXTY-DAY NOTICE TO CHILD CARE CENTER
EMPLOYEES AND FAMILIES WHO HAVE CHILDREN ENROLLED AT THE CHILD CARE
CENTER IF THE PURCHASING ENTITY INTENDS TO LAY OFF CHILD CARE CENTER
EMPLOYEES OR CHANGE ENROLLMENT OR ELIGIBILITY REQUIREMENTS FOR THE
CHILD CARE CENTER AS A RESULT OF THE PURCHASING ENTITY'S ACQUISITION.".
Business,
Labor, &
Technology
Senate Journal, April 7
HB25-1011 by Representative(s) Garcia and Sirota; also Senator(s) Kipp and Jodeh--Concerning
requirements for child care centers owned by an institutional investment entity.
Senator Carson moved to amend the Report of the Committee of the Whole to show that
the following Lundeen floor amendment, (L.014) to HB25-1011, did pass.
Amend reengrossed bill, page 5, strike lines 18 through 22 and substitute:
"SECTION 4. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day
period after final adjournment of the general assembly; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within such
period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 15 NO 20 EXCUSED 0 ABSENT 0
Amabile N Daugherty N Liston Y Rodriguez N
Baisley Y Exum Y Lundeen Y Simpson Y
Ball N Frizell Y Marchman N Snyder Y
Bridges N Gonzales J. N Michaelson N Sullivan N
Bright Y Hinrichsen Y Mullica N Wallace N
Carson Y Jodeh N Pelton B. Y Weissman N
Catlin Y Kipp N Pelton R. Y Winter F. N
Cutter N Kirkmeyer Y Rich Y President N
Danielson N Kolker N Roberts N