Minnesota 2025-2026 Regular Session

Minnesota House Bill HF135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to child care licensing; allowing variances to licensed capacity; amending
3	3	1.3 Minnesota Statutes 2024, section 142B.10, subdivision 16.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 16, is amended to read:
6	6	1.6 Subd. 16.Variances.(a) The commissioner may grant variances to rules that do not
7	7	1.7affect the health or safety of persons in a licensed program if the following conditions are
8	8	1.8met:
9	9	1.9 (1) the variance must be requested by an applicant or license holder on a form and in a
10	10	1.10manner prescribed by the commissioner;
11	11	1.11 (2) the request for a variance must include the reasons that the applicant or license holder
12	12	1.12cannot comply with a requirement as stated in the rule and the alternative equivalent measures
13	13	1.13that the applicant or license holder will follow to comply with the intent of the rule; and
14	14	1.14 (3) the request must state the period of time for which the variance is requested.
15	15	1.15The commissioner may grant a permanent variance when conditions under which the variance
16	16	1.16is requested do not affect the health or safety of persons being served by the licensed program,
17	17	1.17nor compromise the qualifications of staff to provide services. The permanent variance shall
18	18	1.18expire as soon as the conditions that warranted the variance are modified in any way. Any
19	19	1.19applicant or license holder must inform the commissioner of any changes or modifications
20	20	1.20that have occurred in the conditions that warranted the permanent variance. Failure to advise
21	21	1.21the commissioner shall result in revocation of the permanent variance and may be cause for
22	22	1.22other sanctions under sections 142B.17 and 142B.18.
23	23	1Section 1.
24	24	REVISOR DTT/NS 25-0138512/16/24
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 135
30	30	NINETY-FOURTH SESSION
31	31	Authored by Zeleznikar, Backer, Joy, Knudsen, Dotseth and others01/22/2025
32	32	The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1The commissioner's decision to grant or deny a variance request is final and not subject to
33	33	2.2appeal under the provisions of chapter 14.
34	34	2.3 (b) The commissioner shall consider variances for child care center staff qualification
35	35	2.4requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
36	36	2.5the health and safety of children served by the center. A variance request must be submitted
37	37	2.6to the commissioner in accordance with paragraph (a) and must include a plan for the staff
38	38	2.7person to gain additional experience, education, or training, as requested by the commissioner.
39	39	2.8When reviewing a variance request under this section, the commissioner shall consider the
40	40	2.9staff person's level of professional development, including but not limited to steps completed
41	41	2.10on the Minnesota career lattice.
42	42	2.11 (c) The commissioner shall consider a variance for a child care center's licensed capacity
43	43	2.12limit if the center's indoor space is within 100 square feet of what would be required for
44	44	2.13maximum enrollment in the center based on the center's number and qualifications of staff.
45	45	2.14A variance request must be submitted to the commissioner in accordance with paragraph
46	46	2.15(a).
47	47	2.16 (c) (d) Counties shall use a uniform application form developed by the commissioner
48	48	2.17for variance requests by family child care license holders.
49	49	2Section 1.
50	50	REVISOR DTT/NS 25-0138512/16/24