Nevada legislative committee acts to fund child care for poor

CARSON CITY — Despite questions of legality, a legislative committee on Thursday approved spending $1 million on child care for 243 children from poor families so their parents can continue working.

Members of the Interim Finance Committee voted 19-2 to authorize the Sandoval administration to transfer the money from Department of Employment, Training and Rehabilitation reserves to the state Welfare Division, pending an attorney general’s opinion that the transfer does not violate state law.

Lawmakers said even if their vote has no legal weight, it offers support for the move and could help speed the money to where it is needed.

The money wouldn’t help all working mothers who requested child care aid, but it would help. Diane Comeaux, administrator the Division of Welfare and Supportive Services, said there is a waiting list of 600 children from 340 families requesting assistance. Funds for child care are given only to families with incomes at or just above poverty levels.

Thursday’s vote came after legislative lawyers told legislators they do not have the authority themselves outside of regular legislative sessions to transfer funds from one department to another. The Legislature does not go into session until February 2013.

But Gov. Brian Sandoval already is seeking a legal opinion on whether the transfer can be made. Officials cited a provision in the state employment department law that allows the agency to spend reserve funds for any purpose related to employment.

"I think we should approve it because we are trying to keep people employed and not unemployed," said state Senate Majority Leader Steven Horsford, D-Las Vegas, noting that most of the people who would be helped are working mothers.

Heidi Gansert, Sandoval’s chief of staff, said the administration will work quickly to ensure child care help is provided to working parents if the legal opinion is favorable.

"We all want to move forward," Gansert said. "But I am not sure what you are doing is legal."

The administration sent letters to the Legislative Counsel Bureau on Wednesday withdrawing the request for the transfer of funds because of pending legal questions. Legislators, however, decided to support the proposal.

Money for the program ran out largely because of cuts approved by the Legislature last year.

"We did a lot of damage to this state," said Assemblywoman Maggie Carlton, D-Las Vegas. "Sometime we have to fund these programs properly."

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.