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S.F. No. 1067 - Modifying Certain Provisions Governing Child Care Licensing (First Engrossment)
Author: Senator Mary Kiffmeyer
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 10, 2017


Section 1 (13.46, subd. 4) amends the Data Practice Act, making certain data related to a family day care or group family day care nonpublic data.

Section 2 (65A.30, subd. 2) amends the homeowners insurance statute related to day care.   Current law prohibits an insurer from refusing to renew homeowner’s insurance solely because the property houses day care services for five or fewer children.  This bill strikes "five or fewer children" and new language states that an insurer may require the purchase of an additional liability or insurance rider as a condition of coverage.

Section 3 (245A.02, subd. 2b) modifies the definition of the term “annual.”

Section 4 (245A.055) requires the county employee conducting a licensing inspection or home visit at a family child care or group family child care home to provide written notification of potential licensing violations before departing.  The notification must include the condition that constitutes the violation, the action to correct the violation, and the time to correct the violation.

Section 5 (245A.06, subd. 2) modifies the reconsideration process of DHS licensing correction orders. Current law provides that a request for reconsideration of a correction order does not stay any provisions or requirements of the correction order, and the commissioner’s disposition is final and not subject to appeal.  The modifications in this section substantially change current law; the request for reconsideration stays the correction order pending the outcome of the appeal, and the commissioner’s disposition is subject to appeal.  Further, by January 1, 2018, and each year thereafter, the commissioner is required to report data to the Legislature on the number of licensed family child care providers who appealed correction orders, the number of correction order appeals that DHS granted, and the number denied.

Section 6 (245A.55) establishes new training and certification processes for county licensing staff related to family child care and group family child care requirements. Training is required within the first two months of employment and before providing oversight and inspection of license holders. The commissioner may revoke certification of the county child care licensors for the circumstances listed in this section.

Section 7 (256.01, subd. 2) amends the Commissioner of Human Services specific powers. New language in paragraph (b) requires the commissioner to inform affected license holders, on a timely basis, of changes in statue, rule, federal law, regulation, and policy necessary to county agency administration of the programs. Notification may be by electronic means and the commissioner must make notice of changes in statute available to the public online. Paragraph (n) erroneously changes cross-references.

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