HF 1024

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 05:02pm

A bill for an act
relating to early childhood care and learning; establishing a Department of Early
Childhood; authorizing rulemaking; amending Minnesota Statutes 2020, sections
15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 43A.08, subdivision 1a;
proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Section 1.

Minnesota Statutes 2020, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; new text begin the Department of Early Childhood; new text end the Department of
Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights; the Department of Iron Range Resources and
Rehabilitation; the Department of Labor and Industry; the Department of Management and
Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; the Department of Human Services; the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and their
successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration, Agriculture, Commerce, Corrections, new text begin Early
Childhood, new text end Education, Employment and Economic Development, Health, Human Rights,
Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
the Office of MN.IT Services; the Bureau of Mediation Services; and their successor
departments and agencies. The heads of the foregoing departments or agencies are
"commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

new text begin Commissioner of early childhood;
new text end

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; new text begin Early Childhood;
new text end Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the State Lottery; the State Board of Investment;
the Office of Administrative Hearings; the Office of MN.IT Services; the Offices of the
Attorney General, Secretary of State, and State Auditor; the Minnesota State Colleges and
Universities; the Minnesota Office of Higher Education; the Perpich Center for Arts
Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

new text begin [119C.01] DEPARTMENT OF EARLY CHILDHOOD.
new text end

new text begin The Department of Early Childhood is established. The goal in creating the department
is to ensure, in support of families, that every child, from birth through the age of five,
receives an equitable and comprehensive opportunity to reach their full potential.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

new text begin [119C.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of early childhood.
new text end

new text begin Subd. 3. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Early Childhood.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7.

new text begin [119C.03] COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The department is under the administrative control of the
commissioner. The commissioner is appointed by the governor with the advice and consent
of the senate. The commissioner must possess broad knowledge and experience in early
childhood care and education. The commissioner has the general powers as provided in
section 15.06, subdivision 6. The commissioner's salary must be established according to
the procedure in section 15A.0815, subdivision 5, in the same range as that specified for
the commissioner of management and budget.
new text end

new text begin Subd. 2. new text end

new text begin Duties of the commissioner. new text end

new text begin (a) The commissioner shall apply for, and accept
on behalf of the state, any federal, local, or private grants, bequests, gifts, or contributions
to aid in the financing of any of the programs or policies of the department.
new text end

new text begin (b) The commissioner must develop program objectives in support of the goal identified
in section 119C.01, as well as performance measures for evaluating progress toward achieving
such objectives, and the commissioner must identify the objectives and performance measures
in a report to the committees of the legislature having jurisdiction over early childhood
programs by January 15, 2024. The program objectives and performance measures must
address a variety of issues, including but not limited to:
new text end

new text begin (1) increasing the effectiveness of the department's programs in addressing the needs of
children facing racial inequities;
new text end

new text begin (2) ensuring that children participating in the department's programs will be
kindergarten-ready, with race, income, and zip code no longer predictors of school readiness;
new text end

new text begin (3) increasing coordination, and reducing inefficiencies, among the department's programs
and the funding streams that support them;
new text end

new text begin (4) improving articulation between the department's programs and the kindergarten
through grade 12 system; and
new text end

new text begin (5) minimizing the effort required of families to receive services to which they are
entitled.
new text end

new text begin (c) Beginning January 15, 2025, the commissioner must report biennially to the
committees of the legislature having jurisdiction over early childhood programs. Each report
must include the following:
new text end

new text begin (1) an analysis of the effectiveness of the department's programs in achieving the goal
identified in section 119C.01, with reference to the program objectives and performance
measures identified in paragraph (b); and
new text end

new text begin (2) a description of how the department is effectively coordinating and creating
efficiencies among early childhood care and education programs, as well as the funding
streams that support the programs, to ensure continued program development and financial
accountability.
new text end

new text begin (d) The commissioner must ensure the department develops a plan to develop regional
hubs that will help carry out the duties and programs of the department. The hubs must be
organized and operated so as to provide guidance to the department as to the specific needs
of the communities in the region. The plan must be given to committees of the legislature
with jurisdiction over early childhood programs by January 15, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 8.

new text begin [119C.04] TRANSFERS FROM OTHER AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Beginning on July 1, 2023, the Departments of Health, Human
Services, and Education must begin to transition all of the powers and duties held by these
departments in areas related to the programs identified in this section to the department.
The commissioner of administration must issue reorganization orders under section 16B.37
as necessary to facilitate the transfers required by this section.
new text end

new text begin Subd. 2. new text end

new text begin Department of Human Services. new text end

new text begin (a) The powers and duties of the Department
of Human Services with respect to the following programs are transferred to the Department
of Early Childhood under section 15.039:
new text end

new text begin (1) the child care assistance program under sections 119B.011 to 119B.16;
new text end

new text begin (2) the child care service grants under sections 119B.189 to 119B.26;
new text end

new text begin (3) the child care resource and referral program under section 119B.19;
new text end

new text begin (4) the family services and community-based collaboratives program under section
124D.23;
new text end

new text begin (5) the licensure of child care centers and family child care under chapter 245A;
new text end

new text begin (6) child care assistance fraud investigations under chapter 245E;
new text end

new text begin (7) the certification of license-exempt child care centers under chapter 245H;
new text end

new text begin (8) the migrant child care program under section 256.01; and
new text end

new text begin (9) the early childhood learning and child protection facilities program under section
256E.37.
new text end

new text begin (b) The programs needing federal approval to transfer shall be transferred when the
federal government grants transfer authority to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Department of Education. new text end

new text begin (a) The powers and duties of the Department of
Education with respect to the following programs are transferred to the Department of Early
Childhood under section 15.039:
new text end

new text begin (1) the Head Start program under sections 119A.50 to 119A.545;
new text end

new text begin (2) the early childhood screening program under sections 121A.16 to 121A.19;
new text end

new text begin (3) the educate parents partnership under section 124D.129;
new text end

new text begin (4) the early childhood family education program under sections 124D.13 to 124D.135;
new text end

new text begin (5) the State Advisory Council on Early Childhood Education and Care under section
124D.141;
new text end

new text begin (6) the quality rating and improvement system under section 124D.142;
new text end

new text begin (7) the school readiness program under sections 124D.15 and 124D.16;
new text end

new text begin (8) the voluntary prekindergarten program under section 124D.151;
new text end

new text begin (9) the kindergarten readiness assessment under section 124D.162;
new text end

new text begin (10) the early learning scholarships program under section 124D.165;
new text end

new text begin (11) the interagency early childhood intervention system under sections 125A.259 to
125A.48;
new text end

new text begin (12) the parent-child home program under Laws 2019, First Special Session chapter 11,
article 8, section 13; and
new text end

new text begin (13) the school readiness plus program under Laws 2017, First Special Session chapter
5, article 8, section 9.
new text end

new text begin (b) The programs needing federal approval to transfer shall be transferred when the
federal government grants transfer authority to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Department of Health. new text end

new text begin (a) The powers and duties of the Department of Health
with respect to the following programs are transferred to the Department of Early Childhood
under section 15.039:
new text end

new text begin (1) the family home visiting program under section 145A.17;
new text end

new text begin (2) evidence-based home visiting under Laws 2017, First Special Session chapter 6,
article 18, section 3;
new text end

new text begin (3) grants for nurse-family partnership programs under Laws 2015, chapter 71, article
14, section 2; and
new text end

new text begin (4) administration of the Maternal, Infant, and Early Childhood Home Visiting Program
under United States Code, title 42, section 711.
new text end

new text begin (b) A program needing federal approval to transfer shall be transferred when the federal
government grants transfer authority to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 9. new text begin EMPLOYEE PROVISIONS.
new text end

new text begin The restructuring of agencies under this act must be conducted in accordance with
Minnesota Statutes, sections 15.039 and 43A.045.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 10. new text begin PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin By January 15, 2023, the governor shall appoint a
commissioner-designee of the Department of Early Childhood. The person appointed
becomes the governor's appointee as commissioner of early childhood on the effective date
of sections 1 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of power and duties. new text end

new text begin The commissioner-designee, in cooperation
with the commissioners of education, health, and human services, shall review and reevaluate
the powers and duties of the Departments of Education, Health, and Human Services and
identify those that are consistent with the purpose and goal of the Department of Early
Childhood. The functions identified by the commissioner-designee are transferred to the
Department of Early Childhood under Minnesota Statutes, section 15.039, effective July 1,
2023.
new text end

new text begin Subd. 3. new text end

new text begin Executive support. new text end

new text begin The commissioner of Minnesota Management and Budget
shall provide financial and administrative support for the work of the commissioner-designee,
including in securing a physical location for the Department of Early Childhood, until the
department is established.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must identify, in cooperation with the Department of Early
Childhood and other nonpartisan legislative offices, all cross-references in Minnesota
Statutes to programs being transferred under this act. By February 1, 2024, the revisor of
statutes must submit to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over early childhood policy and finance draft legislation with
the statutory changes necessary to reflect the correct cross-references.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 12. new text begin RULEMAKING.
new text end

new text begin The commissioner of early childhood must amend Minnesota Rules to make conforming
changes related to the transfer of duties under this act. The commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to
adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except
as provided under Minnesota Statutes, section 14.388.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end