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HF 1422

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 10:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2017
1st Engrossment Posted on 03/09/2017

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying definition relating to child care licensing;
modifying child care correction order posting requirements; prohibiting correction
order quotas for child care licensing; requiring the commissioner to inform child
care license holders of changes in statute, rule, federal law, regulation, and policy;
requiring a report to the legislature on the status of child care; amending Minnesota
Statutes 2016, sections 245A.02, subdivision 2b, by adding a subdivision; 245A.06,
subdivision 8, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 245A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 245A.02, subdivision 2b, is amended to read:


Subd. 2b.

Annual or annually.

new text begin With the exception of subdivision 2c, new text end "annual" or
"annually" means prior to or within the same month of the subsequent calendar year.

Sec. 2.

Minnesota Statutes 2016, section 245A.02, is amended by adding a subdivision to
read:


new text begin Subd. 2c. new text end

new text begin Annual or annually; family child care training requirements. new text end

new text begin For the
purposes of section 245A.50, subdivisions 1 to 9, "annual" or "annually" means the 12-month
period beginning on the license effective date or the annual anniversary of the effective date
and ending on the day prior to the annual anniversary of the license effective date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 245A.06, subdivision 8, is amended to read:


Subd. 8.

Requirement to post correction order.

new text begin (a) new text end For licensed family child care
providers and child care centers, upon receipt of any correction order or order of conditional
license issued by the commissioner under this section, and notwithstanding a pending request
for reconsideration of the correction order or order of conditional license by the license
holder, the license holder shall post the correction order or order of conditional license in
a place that is conspicuous to the people receiving services and all visitors to the facility
for two years. When the correction order or order of conditional license is accompanied by
a maltreatment investigation memorandum prepared under section 626.556 or 626.557, the
investigation memoranda must be posted with the correction order or order of conditional
license.

new text begin (b) If the commissioner reverses or rescinds a violation in a correction order upon
reconsideration under subdivision 2, the commissioner shall issue an amended correction
order and the license holder shall post the amended order according to paragraph (a).
new text end

new text begin (c) If the correction order is rescinded or reversed in full upon reconsideration under
subdivision 2, the license holder shall remove the original correction order posted according
to paragraph (a).
new text end

Sec. 4.

Minnesota Statutes 2016, section 245A.06, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Child care correction order quotas prohibited. new text end

new text begin The commissioner and county
licensing agencies shall not order, mandate, require, or suggest to any person responsible
for licensing or inspecting a licensed family child care provider or child care center a quota
for the issuance of correction orders on a daily, weekly, monthly, quarterly, or yearly basis.
new text end

Sec. 5.

new text begin [245A.1434] INFORMATION FOR CHILD CARE LICENSE HOLDERS.
new text end

new text begin The commissioner shall inform family child care and child care center license holders
on a timely basis of changes to state and federal statute, rule, regulation, and policy relating
to the provision of licensed child care, the child care assistance program under chapter 119B,
the quality rating and improvement system under section 124D.142, and child care licensing
functions delegated to counties. Communications under this section shall include information
to promote license holder compliance with identified changes. Communications under this
section may be accomplished by electronic means and shall be made available to the public
online.
new text end

Sec. 6.

new text begin [245A.153] REPORT TO LEGISLATURE ON THE STATUS OF CHILD
CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting requirements. new text end

new text begin Beginning on February 1, 2018, and no later
than February 1 of each year thereafter, the commissioner of human services shall provide
to the chairs and ranking minority members of the legislative committees with jurisdiction
over child care a report on the status of child care in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Contents of report. new text end

new text begin (a) The report must include the following:
new text end

new text begin (1) summary data on trends in child care center and family child care capacity and
availability throughout the state, including the number of centers and programs that have
opened and closed and the geographic locations of those centers and programs;
new text end

new text begin (2) a description of any changes to statutes, administrative rules, or agency policies and
procedures that were implemented in the year preceding the report;
new text end

new text begin (3) a description of the actions the department has taken to address or implement the
recommendations from the Legislative Task Force on Access to Affordable Child Care
Report dated January 15, 2017, including but not limited to actions taken in the areas of:
new text end

new text begin (i) encouraging uniformity in implementing and interpreting statutes, administrative
rules, and agency policies and procedures relating to child care licensing and access;
new text end

new text begin (ii) improving communication with county licensors and child care providers regarding
changes to statutes, administrative rules, and agency policies and procedures, ensuring that
information is directly and regularly transmitted;
new text end

new text begin (iii) providing notice to child care providers before issuing correction orders or negative
actions relating to recent changes to statutes, administrative rules, and agency policies and
procedures;
new text end

new text begin (iv) implementing confidential, anonymous communication processes for child care
providers to ask questions and receive prompt, clear answers from the department;
new text end

new text begin (v) streamlining processes to reduce duplication or overlap in paperwork and training
requirements for child care providers; and
new text end

new text begin (vi) compiling and distributing information detailing trends in the violations for which
correction orders and negative actions are issued;
new text end

new text begin (4) a description of the department's efforts to cooperate with counties while addressing
and implementing the task force recommendations; and
new text end

new text begin (5) summary data on child care assistance programs including but not limited to state
funding and numbers of families served.
new text end

new text begin (b) The commissioner may offer recommendations for legislative action.
new text end

new text begin Subd. 3. new text end

new text begin Sunset. new text end

new text begin This section expires February 2, 2020.
new text end