Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1915 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to child care; requiring child care centers to use video security cameras
3	3		1.3 to monitor infants and toddlers; appropriating money; amending Minnesota Statutes
4	4		1.4 2024, section 142D.23, subdivision 3; proposing coding for new law in Minnesota
5	5		1.5 Statutes, chapter 142B.
6	6		1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7		1.7 Section 1. [142B.68] VIDEO SECURITY CAMERAS IN CHILD CARE CENTERS.
8	8		1.8 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this
9	9		1.9subdivision have the meanings given.
10	10		1.10 (b) "Facility" means the indoor and outdoor space in which child care is provided that
11	11		1.11is owned, leased, or operated by a licensed child care center.
12	12		1.12 (c) "Video security camera" means a video camera or other device that captures or
13	13		1.13records video.
14	14		1.14 Subd. 2.Requirements for video security cameras.(a) By January 1, 2026, a licensed
15	15		1.15child care center must have video security cameras to monitor and record infants and toddlers
16	16		1.16in public and shared areas of the facility as provided under this subdivision.
17	17		1.17 (b) A licensed child care center must have at least one video security camera in each
18	18		1.18room designated for infants or toddlers. The camera must be positioned to provide maximum
19	19		1.19visibility of the room. If one camera is not sufficient to view at least 80 percent of the square
20	20		1.20footage of the room, the center must place an additional camera or cameras in the room to
21	21		1.21achieve maximum visibility of the room.
22	22		1Section 1.
23		-	REVISOR DTT H1915-2HF1915 ~~SECOND~~ ENGROSSMENT
	23	+	REVISOR DTT H1915-1HF1915 FIRST ENGROSSMENT
24	24		State of Minnesota
25	25		This Document can be made available
26	26		in alternative formats upon request
27	27		HOUSE OF REPRESENTATIVES
28	28		H. F. No. 1915
29	29		NINETY-FOURTH SESSION
30		-	Authored by West, Feist~~, Liebling, Moller~~ and ~~Curran~~03/05/2025
	30	+	Authored by West, Feist and Liebling03/05/2025
31	31		The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy
32		-	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/26/2025
33		-	Adoption of Report: Amended and re-referred to the Committee on Children and Families Finance and Policy04/01/2025 2.1 (c) A licensed child care center must have a sufficient number of video security cameras
	32	+	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/26/2025 2.1 (c) A licensed child care center must have a sufficient number of video security cameras
34	33		2.2to provide visibility of all outdoor recreational equipment used by infants or toddlers and
35	34		2.3at least 80 percent of the square footage of a fenced-in outdoor space used by infants or
36	35		2.4toddlers.
37	36		2.5 (d) The video security cameras must:
38	37		2.6 (1) be turned on and recording at all times the licensed child care center is in operation;
39	38		2.7 (2) record and display the accurate date and time;
40	39		2.8 (3) have a display resolution of 720p or higher; and
41	40		2.9 (4) have a frames per second rate of 15 or higher.
42		-	2.10 Subd. 3.Retention and disposal of recordings~~; access to recordings~~.(a) A licensed
43		-	2.~~11child care center must retain~~ video security camera recordings required under this section
44		-	2.~~12for 60 calendar days after~~ the date of the recording. Except as provided under paragraphs
45		-	2.~~13(b), (c), and (d), a licensed~~ child care center must dispose of video security camera recordings
46		-	2.~~14required under this~~ section after 60 calendar days.
	41	+	2.10 Subd. 3.Retention and disposal of recordings.(a) A licensed child care center must
	42	+	2.11retain video security camera recordings required under this section for 60 calendar days
	43	+	2.12after the date of the recording. Except as provided under paragraphs (b), (c), and (d), a
	44	+	2.13licensed child care center must dispose of video security camera recordings required under
	45	+	2.14this section after 60 calendar days.
47	46		2.15 (b) A licensed child care center that receives notice from a law enforcement official of
48	47		2.16a suspected crime committed against a child at the center may not dispose of any video
49	48		2.17security camera recordings required under this section until the law enforcement investigation
50	49		2.18of the suspected crime is complete.
51	50		2.19 (c) A licensed child care center must retain video security camera recordings related to
52	51		2.20an incident that the center must report to the commissioner under Minnesota Rules, part
53	52		2.219503.0130, for six months from the date of the incident.
54	53		2.22 (d) A licensed child care center may retain video security camera recordings required
55	54		2.23under this section to use for training center employees. Any recordings used for training
56	55		2.24purposes must redact, as defined under section 13.825, subdivision 1, identifying information
57	56		2.25on children shown or heard in the recording, unless a parent or legal guardian has provided
58	57		2.26written consent providing that the center may use unredacted recordings of the parent's or
59	58		2.27guardian's child.
60	59		2.28 (e) A licensed child care center must adhere to additional requirements issued by the
61	60		2.29commissioner regarding the retention and disposal of video security camera recordings
62	61		2.30required under this section.
63		-	2.31 (f) A licensed child care center must establish appropriate security safeguards for the
64		-	2.32video security camera recordings required under this section, including procedures for
65	62		2Section 1.
66		-	REVISOR DTT H1915-2HF1915 SECOND ENGROSSMENT 3.1ensuring that the recordings are only accessible to persons whose work assignment reasonably
67		-	3.2requires access to the recordings, and are only accessed by those persons for purposes
68		-	3.3described in the procedure. All queries and responses, and all actions in which the recordings
69		-	3.4are accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained
70		-	3.5in the audit trail are subject to the same requirements as the underlying recording under this
71		-	3.6section.
72		-	3.7 Subd. 4.Dissemination of recordings.(a) A licensed child care center may not sell,
73		-	3.8share, transmit, or disseminate a video security camera recording required under this section
74		-	3.9to any person except as authorized by this section.
75		-	3.10 (b) A child care center must disseminate a video security camera recording required
76		-	3.11under this section pursuant to a valid court order, search warrant, or subpoena in a civil,
77		-	3.12criminal, or administrative proceeding, including an investigation by the commissioner.
78		-	3.13 (c) A licensed child care center must establish a process by which a parent or legal
79		-	3.14guardian may review, but not obtain a copy of, a video security camera recording required
80		-	3.15under this section if the parent or guardian provides:
81		-	3.16 (1) documentation of visible marks on a child, such as bruises or swelling that has
82		-	3.17persisted for more than 24 hours, or a child's physical impediment, such as a limp that was
83		-	3.18not previously present; or
84		-	3.19 (2) documentation from a physician of a child's physical injury.
85		-	3.20 (d) An employee of a licensed child care center who is the subject of proposed disciplinary
86		-	3.21action by the center based upon evidence obtained by a video security camera must be given
87		-	3.22access to that evidence for purposes of defending against the proposed action. An employee
88		-	3.23who obtains a recording or a copy of the recording must treat the recording or copy
89		-	3.24confidentially and must not further disseminate it to any other person except as required
90		-	3.25under law. The employee must not keep the recording or copy or a portion of the recording
91		-	3.26or copy after it is no longer needed for purposes of defending against a proposed action.
92		-	3.27 Subd. 5.Hold harmless.(a) The commissioner may not issue a fix-it ticket, correction
93		-	3.28order, or order of conditional license against a child care center license holder for a licensing
94		-	3.29violation that does not imminently endanger the health or safety of the children served by
95		-	3.30the center, if the only source of evidence for the violation is video security camera recordings
96		-	3.31reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph
97		-	3.32expires upon implementation of the child care weighted risk system under section 142B.171.
98		-	3.33The commissioner shall notify the revisor of statutes when the system has been implemented.
	63	+	REVISOR DTT H1915-1HF1915 FIRST ENGROSSMENT 3.1 Subd. 4.Dissemination of recordings.(a) A licensed child care center may not sell,
	64	+	3.2share, transmit, or disseminate a video security camera recording required under this section
	65	+	3.3to any person except as authorized by this section.
	66	+	3.4 (b) A child care center must disseminate a video security camera recording required
	67	+	3.5under this section pursuant to a valid court order, search warrant, or subpoena in a civil,
	68	+	3.6criminal, or administrative proceeding, including an investigation by the commissioner.
	69	+	3.7 (c) A licensed child care center must establish a process by which a parent or legal
	70	+	3.8guardian may review, but not obtain a copy of, a video security camera recording required
	71	+	3.9under this section if the parent or guardian provides:
	72	+	3.10 (1) documentation of visible marks on a child, such as bruises or swelling that has
	73	+	3.11persisted for more than 24 hours, or a child's physical impediment, such as a limp that was
	74	+	3.12not previously present; or
	75	+	3.13 (2) documentation from a physician of a child's physical injury.
	76	+	3.14 (d) An employee of a licensed child care center who is the subject of proposed disciplinary
	77	+	3.15action by the center based upon evidence obtained by a video security camera must be given
	78	+	3.16access to that evidence for purposes of defending against the proposed action. An employee
	79	+	3.17who obtains a recording or a copy of the recording must treat the recording or copy
	80	+	3.18confidentially and must not further disseminate it to any other person except as required
	81	+	3.19under law. The employee must not keep the recording or copy or a portion of the recording
	82	+	3.20or copy after it is no longer needed for purposes of defending against a proposed action.
	83	+	3.21 Subd. 5.Hold harmless.(a) The commissioner may not issue a fix-it ticket, correction
	84	+	3.22order, or order of conditional license against a child care center license holder for a licensing
	85	+	3.23violation that does not imminently endanger the health or safety of the children served by
	86	+	3.24the center, if the only source of evidence for the violation is video security camera recordings
	87	+	3.25reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph
	88	+	3.26expires upon implementation of the child care weighted risk system under section 142B.171.
	89	+	3.27The commissioner shall notify the revisor of statutes when the system has been implemented.
	90	+	3.28 (b) Upon implementation of the child care weighted risk system under section 142B.171,
	91	+	3.29the commissioner may not take a licensing action against a child care center license holder
	92	+	3.30for a violation that counts as 6.5 or below for a child care center in the weighted risk system,
	93	+	3.31if the only source of evidence for the violation is video security camera recordings reviewed
	94	+	3.32as part of an investigation under subdivision 4, paragraph (b).
99	95		3Section 1.
100		-	REVISOR DTT H1915-2HF1915 SECOND ENGROSSMENT 4.1 (b) Upon implementation of the child care weighted risk system under section 142B.171,
101		-	4.2the commissioner may not take a licensing action against a child care center license holder
102		-	4.3for a violation that counts as 6.5 or below for a child care center in the weighted risk system,
103		-	4.4if the only source of evidence for the violation is video security camera recordings reviewed
104		-	4.5as part of an investigation under subdivision 4, paragraph (b).
105		-	4.6 Subd. 6.Written policy required.A licensed child care center must have a written
106		-	4.7policy on the center's use of video security cameras that includes the following:
107		-	4.8 (1) the days and times the video security cameras in the facility are in use;
108		-	4.9 (2) the locations of all areas monitored by video security cameras in the facility;
109		-	4.10 (3) the center's retention and disposal policies and procedures for the video security
110		-	4.11camera recordings required under this section;
111		-	4.12 (4) the center's policies governing access to the video security camera recordings required
112		-	4.13under this section; and
113		-	4.14 (5) the center's security safeguards and procedures regarding employee access to the
114		-	4.15recordings.
115		-	4.16 Subd. 7.Notices.(a) A licensed child care center must notify all parents and legal
116		-	4.17guardians who apply to enroll or enroll a child in the center about the use of video security
117		-	4.18cameras in the facility. At the time of a child's enrollment, the center must provide parents
118		-	4.19and legal guardians with the video security camera policy required under subdivision 6.
119		-	4.20 (b) A licensed child care center must post a sign at each facility entrance accessible to
120		-	4.21visitors that states: "Video security cameras are present to record persons and activities."
121		-	4.22 Subd. 8.Data practices.Video footage collected or maintained by the commissioner
122		-	4.23under this section is classified as welfare data under section 13.46.
123		-	4.24 Subd. 9.Annual audit.The commissioner must conduct, as part of the annual licensing
124		-	4.25inspection required under this chapter, an audit to determine whether the center's use of
125		-	4.26video security cameras complies with the requirements of this section, including but not
126		-	4.27limited to all requirements in subdivision 3.
127		-	4.28 Sec. 2. Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read:
128		-	4.29 Subd. 3.Eligible uses of money.Grantees must use money received under this section,
129		-	4.30either directly or through grants to eligible child care providers, for one or more of the
130		-	4.31following purposes:
	96	+	REVISOR DTT H1915-1HF1915 FIRST ENGROSSMENT 4.1 Subd. 6.Written policy required.A licensed child care center must have a written
	97	+	4.2policy on the center's use of video security cameras that includes the following:
	98	+	4.3 (1) the days and times the video security cameras in the facility are in use;
	99	+	4.4 (2) the locations of all areas monitored by video security cameras in the facility;
	100	+	4.5 (3) the center's retention and disposal policies and procedures for the video security
	101	+	4.6camera recordings required under this section; and
	102	+	4.7 (4) the center's policies governing access to the video security camera recordings required
	103	+	4.8under this section.
	104	+	4.9 Subd. 7.Notices.(a) A licensed child care center must notify all parents and legal
	105	+	4.10guardians who apply to enroll or enroll a child in the center about the use of video security
	106	+	4.11cameras in the facility. At the time of a child's enrollment, the center must provide parents
	107	+	4.12and legal guardians with the video security camera policy required under subdivision 6.
	108	+	4.13 (b) A licensed child care center must post a sign at each facility entrance accessible to
	109	+	4.14visitors that states: "Video security cameras are present to record persons and activities."
	110	+	4.15 Subd. 8.Data practices.Video footage collected or maintained by the commissioner
	111	+	4.16under this section is classified as welfare data under section 13.46.
	112	+	4.17 Sec. 2. Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read:
	113	+	4.18 Subd. 3.Eligible uses of money.Grantees must use money received under this section,
	114	+	4.19either directly or through grants to eligible child care providers, for one or more of the
	115	+	4.20following purposes:
	116	+	4.21 (1) the purchase of computers or mobile devices for use in business management;
	117	+	4.22 (2) access to the Internet through the provision of necessary hardware such as routers
	118	+	4.23or modems or by covering the costs of monthly fees for Internet access;
	119	+	4.24 (3) covering the costs of subscription to child care management software;
	120	+	4.25 (4) covering the costs of training in the use of technology for business management
	121	+	4.26purposes; or
	122	+	4.27 (5) covering the costs of video security cameras and related training required for licensed
	123	+	4.28child care centers under section 142B.68; or
	124	+	4.29 (5) (6) other services as determined by the commissioner.
131	125		4Sec. 2.
132		-	REVISOR DTT H1915-2HF1915 SECOND ENGROSSMENT 5.1 (1) the purchase of computers or mobile devices for use in business management;
133		-	5.2 (2) access to the Internet through the provision of necessary hardware such as routers
134		-	5.3or modems or by covering the costs of monthly fees for Internet access;
135		-	5.4 (3) covering the costs of subscription to child care management software;
136		-	5.5 (4) covering the costs of training in the use of technology for business management
137		-	5.6purposes; or
138		-	5.7 (5) covering the costs of video security cameras and related training required for licensed
139		-	5.8child care centers under section 142B.68; or
140		-	5.9 (5) (6) other services as determined by the commissioner.
141		-	5.10 Sec. 3. APPROPRIATION; CHILD CARE PROVIDER ACCESS TO
142		-	5.11TECHNOLOGY GRANTS.
143		-	5.12 $250,000 in fiscal year 2026 and $250,000 in fiscal year 2027 are appropriated from the
144		-	5.13general fund to the commissioner of children, youth, and families for the child care provider
145		-	5.14access to technology grants program under Minnesota Statutes, section 142D.23, subdivision
146		-	5.153, clause (5). The base for this appropriation is $250,000 in fiscal year 2028 and beyond.
147		-	5.16Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
148		-	5.17administrative costs under this paragraph is $0.
	126	+	REVISOR DTT H1915-1HF1915 FIRST ENGROSSMENT 5.1 Sec. 3. APPROPRIATION; CHILD CARE PROVIDER ACCESS TO
	127	+	5.2TECHNOLOGY GRANTS.
	128	+	5.3 $250,000 in fiscal year 2026 and $250,000 in fiscal year 2027 are appropriated from the
	129	+	5.4general fund to the commissioner of children, youth, and families for the child care provider
	130	+	5.5access to technology grants program under Minnesota Statutes, section 142D.23, subdivision
	131	+	5.63, clause (5). The base for this appropriation is $250,000 in fiscal year 2028 and beyond.
	132	+	5.7Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
	133	+	5.8administrative costs under this paragraph is $0.
149	134		5Sec. 3.
150		-	REVISOR DTT H1915-2HF1915 ~~SECOND~~ ENGROSSMENT
	135	+	REVISOR DTT H1915-1HF1915 FIRST ENGROSSMENT