HF 4119

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:56pm

A bill for an act
relating to child care; establishing the Minnesota Great Start Compensation Board;
authorizing rulemaking; amending Minnesota Statutes 2023 Supplement, section
119B.27, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 119B.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 119B.27, is amended by adding
a subdivision to read:

new text begin Subd. 11. new text end

new text begin Required notices. new text end

new text begin Employers of licensed child care settings must provide
written notices to child care workers of their rights and obligations under this section.
new text end

Sec. 2.

new text begin [119B.271] MINNESOTA GREAT START COMPENSATION BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Great Start Compensation Board is created
with the powers and duties established by law.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section and section 119B.27, the
following terms have the meanings given.
new text end

new text begin (b) "Board" means the Minnesota Great Start Compensation Board established under
this section.
new text end

new text begin (c) "Commissioner" means the commissioner of human services.
new text end

new text begin (d) "Child care worker" means a person employed by a licensed child care setting who
is eligible to receive benefits from the great start compensation support payment program
under section 119B.27.
new text end

new text begin (e) "Department" means the Department of Human Services.
new text end

new text begin (f) "Licensed child care setting" means:
new text end

new text begin (1) a child care center licensed under chapter 245A and Minnesota Rules, chapter 9503;
or
new text end

new text begin (2) a family or group family child care home licensed under chapter 245A and Minnesota
Rules, chapter 9502.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The board is composed of the following voting members:
new text end

new text begin (1) the commissioner of human services, or a designee;
new text end

new text begin (2) the commissioner of education, or a designee;
new text end

new text begin (3) one member from the Children's Cabinet;
new text end

new text begin (4) two members from Minnesota's Tribal Nations with experience as child care providers;
new text end

new text begin (5) one member who is employed in a certified license-exempt child care center;
new text end

new text begin (6) one member who is employed as a director or administrator of a licensed child care
center;
new text end

new text begin (7) one member who is a licensed family child care provider;
new text end

new text begin (8) two members who are employed as teachers in a licensed child care center;
new text end

new text begin (9) one member who is employed as a teacher assistant in a licensed child care center;
and
new text end

new text begin (10) one member who is employed as an aide in a licensed child care center.
new text end

new text begin Subd. 4. new text end

new text begin Terms; vacancies. new text end

new text begin (a) Board members appointed under subdivision 3, clauses
(4) to (10), shall serve four-year terms following the initial staggered lot determination. The
initial terms of members appointed under subdivision 3, clauses (4) to (10), must be
determined by lot by the secretary of state as follows:
new text end

new text begin (1) three members must each be appointed for a two-year term;
new text end

new text begin (2) three members must each be appointed for a three-year term; and
new text end

new text begin (3) three members must each be appointed for a four-year term.
new text end

new text begin (b) For board members appointed under subdivision 3, clauses (4) to (10), the governor
shall fill vacancies occurring before the expiration of a member's term by appointment for
the unexpired term. A member appointed under subdivision 3, clauses (4) to (10), must not
be appointed to more than two consecutive terms.
new text end

new text begin Subd. 5. new text end

new text begin Initial appointments. new text end

new text begin The governor shall make initial appointments to the
board by August 1, 2024.
new text end

new text begin Subd. 6. new text end

new text begin Chairperson. new text end

new text begin The board must elect a member by majority vote to serve as its
chairperson and must determine the term to be served by the chairperson.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin Compensation of board members is governed by section
15.0575.
new text end

new text begin Subd. 8. new text end

new text begin Application of other laws. new text end

new text begin Meetings of the board are subject to chapter 13D.
The board is subject to chapter 13. The board must comply with section 15.0597.
new text end

new text begin Subd. 9. new text end

new text begin Voting. new text end

new text begin The affirmative vote of five board members is required for the board
to take any action.
new text end

new text begin Subd. 10. new text end

new text begin Staffing. new text end

new text begin The commissioner may employ an executive director for the board
and other personnel to carry out the duties of the board under this section.
new text end

new text begin Subd. 11. new text end

new text begin Department support. new text end

new text begin The commissioner must provide staff support to the
board. The support includes professional, legal, technical, and clerical staff necessary to
perform rulemaking and other duties assigned to the board. The commissioner shall supply
the necessary office space and supplies to assist the board in its duties.
new text end

new text begin Subd. 12. new text end

new text begin Duties; authority to establish compensation standards. new text end

new text begin (a) The board must
adopt rules establishing standards that are reasonably necessary and appropriate to ensure
child care workers are fully informed and receiving the benefits of the great start
compensation support payment program under section 119B.27.
new text end

new text begin (b) Standards established by the board must include, as appropriate, standards on the
compensation, the delivery of the support payments under section 119B.27, and the protection
of due process for child care workers. The board may establish additional standards as
necessary. The board may not adopt standards that are less protective of or beneficial to
child care workers than those already established in law or by rule.
new text end

new text begin (c) The board must adopt the rules required under this subdivision by December 1, 2024.
The board may use the authority in section 14.389 to adopt rules under this paragraph. The
board shall consult with the department in the development of these standards before
beginning the rule adoption process.
new text end

new text begin Subd. 13. new text end

new text begin Review of standards. new text end

new text begin At least once every two years, the board shall:
new text end

new text begin (1) conduct a full review of the adequacy of the standards previously established by the
board; and
new text end

new text begin (2) following that review, adopt new rules, amend or repeal existing rules, or make
recommendations to adopt new rules or amend or repeal existing rules for great start
compensation support payment program standards using the expedited rulemaking process
in section 14.389, as appropriate to meet the purposes of this section and section 119B.27.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end