1.1                          A bill for an act 
  1.2             relating to child care; exempting licensed family 
  1.3             providers from certain voluntary standards; 
  1.4             establishing permanent age groups for family day care; 
  1.5             establishing a rule advisory group; amending Minnesota 
  1.6             Statutes 1998, section 119B.02, by adding a 
  1.7             subdivision; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 245A; repealing Laws 1997, chapter 
  1.9             248, section 46, as amended. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 119B.02, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 3.  [EXEMPTION FOR FAMILY CHILD CARE PROVIDERS.] The 
  1.14  commissioner shall not adopt any voluntary standards or policy 
  1.15  statements with norms, best practices, requirements for 
  1.16  individual credentials, or other requirements or measures of 
  1.17  quality that apply to both licensed child care family and child 
  1.18  care centers licensed under chapter 245A.  The commissioner must 
  1.19  adopt in rules any changes in child care assistance payments 
  1.20  under section 119B.03 or 119B.05 that provide a premium or 
  1.21  penalty based on compliance with voluntary standards or policy 
  1.22  statements.  The commissioner must not use or authorize the use 
  1.23  of any voluntary standards or policy statements as a rating 
  1.24  system for licensed child care. 
  1.25     Sec. 2.  [245A.098] [FAMILY DAY CARE LICENSURE; AGE 
  1.26  GROUPINGS.] 
  1.27     Subdivision 1.  [AGE GROUPINGS; FAMILY DAY 
  2.1   CARE.] Notwithstanding Minnesota Rules, part 9502.0315, subparts 
  2.2   22, 28, and 30, for the purposes of family day care and group 
  2.3   family day care licensure the following definitions apply: 
  2.4      (1) "Preschooler" means a child who is at least 24 months 
  2.5   old up to the age of being eligible to enter kindergarten within 
  2.6   the next four months. 
  2.7      (2) "Toddler" means a child who is at least 12 months old 
  2.8   but less than 24 months old, except that for the purposes of 
  2.9   specialized infant and toddler family day care, "toddler" means 
  2.10  a child who is at least 12 months old but less than 30 months 
  2.11  old. 
  2.12     (3) "School age" means a child who is at least of 
  2.13  sufficient age to have attended the first day of kindergarten, 
  2.14  or may be eligible to enter kindergarten within the next four 
  2.15  months, but is younger than 11 years of age. 
  2.16     Subd. 2.  [COMMISSIONER'S AUTHORITY.] The commissioner may 
  2.17  grant a variance to any of the provisions in subdivision 1, as 
  2.18  long as the health and safety of the children served by the 
  2.19  program are not affected.  The request for a variance shall 
  2.20  comply with section 245A.04, subdivision 9. 
  2.21     Sec. 3.  [LICENSED CHILD CARE RULE ADVISORY GROUP.] 
  2.22     The commissioner of children, families, and learning and 
  2.23  the commissioner of human services shall jointly convene an 
  2.24  advisory group of licensed child care providers who are 
  2.25  currently providing family child care, parents, licensors, and 
  2.26  employers to review licensing rules and make recommendations on 
  2.27  revisions to the licensing rules or statutes.  The commissioners 
  2.28  shall ensure that the members represent the diversity of 
  2.29  licensed child care providers and users of child care.  Members 
  2.30  from both rural and urban areas of Minnesota must be on the 
  2.31  advisory group. Agency staff from the department of human 
  2.32  services and the department of children, families, and learning 
  2.33  may participate in an advisory capacity.  The group must make 
  2.34  recommendations on training requirements and other licensing 
  2.35  provisions.  The commissioners shall report the recommendations 
  2.36  of the group to the legislature by January 15, 2001. 
  3.1      Sec. 4.  [REPEALER.] 
  3.2      Laws 1997, chapter 248, section 46, as amended by Laws 
  3.3   1997, First Special Session chapter 5, section 10, as amended by 
  3.4   Laws 1998, chapter 407, article 6, section 112, is repealed.