in-20251029-IR-GOV250636EOA: FOR: GRANTING EXTENSION ON EXPIRATION OF FSSA CHILDCARE REGULATIONS

STATE OF INDIANA EXECUTIVE DEPARTMENT INDIANAPOLIS FOR: GRANTING EXTENSION ON EXPIRATION OF FSSA CHILDCARE REGULATIONS TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS. WHEREAS, IC 4-22-2.6-1(b)(3) provides that if the latest version of a rule became effective in calendar year 2019, then the rule expires not later than January 1, 2026; WHEREAS, IC 4-22-2.6-10 provides that if a rule is not readopted and the governor finds that the failure to readopt it causes an emergency to exist, then the governor may, by executive order before the rule’s expiration date, postpone the expiration date of said rule until a date that is not later than one (1) year after the date specified in IC 4-22-2.6-1; WHEREAS, the 2020 Annual Report from the State’s Early Learning Advisory Committee (“ELAC”) found that “Indiana employers lose $1.8 billion per year, and the state loses $118 million in tax revenue when employees have difficulty securing care for their young children”; WHEREAS, a 2024 report from the Indiana Chamber of Commerce suggests that insufficient childcare availability is costing Indiana $4.22 billion in lost economic activity each year; WHEREAS, the Indiana General Assembly for the three consecutive legislative sessions directed ELAC to look at the childcare regulations and offer improvements, including requiring a third-party evaluation of existing regulations and recommendations to streamline processes and reduce burdens; WHEREAS, Public Law 92-2024 was enacted in response to ELAC’s recommendations and required FSSA to initiate rulemaking to amend the childcare rules; WHEREAS, in order to properly draft and adopt new regulations consistent with the goals of Public Law 92-2024, FSSA submitted a request to the Governor to postpone for three hundred and sixty-five (365) days, the expiration of the following rules, as designated by the citation to the Indiana Administrative Code, which was last readopted in 2019 and will expire January 1, 2026, without further action. WHEREAS, in the interests of efficiency and prudent use of taxpayer resources, FSSA should not undertake the time and expense to readopt the rules listed above this year when FSSA is also undertaking the time and expense to revise the rules consistent with Public Law 92-2024; WHEREAS, the failure to readopt the rules cited above would cause an emergency to exist, such that it is necessary and appropriate to postpone its expiration date; NOW, THEREFORE, I, MIKE BRAUN, by virtue of the authority vested in me as the Governor of the State of Indiana, do hereby order that: the expiration date of the rules listed above shall be postponed for three hundred sixty-five (365) days until January 1, 2027.