1.1 	A bill for an act
1.2 	relating to human services; providing an exception for notification of a variance 
1.3 	or set-aside; amending Minnesota Statutes 2005 Supplement, sections 245C.22, 
1.4 	subdivision 7; 245C.301.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is 
1.7 	amended to read:
1.8 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
1.9 	setting aside a disqualification under this section, the identity of the disqualified individual 
1.10 	who received the set-aside and the individual's disqualifying characteristics are public 
1.11 	data if the set-aside was:
1.12 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
1.13 	relates to a child care center or a family child care provider licensed under chapter 245A; or
1.14 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
1.15 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
1.16 	under section 245C.30, the identity of the disqualified individual who is the subject of 
1.17 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
1.18 	terms of the variance are public data, when the variance:
1.19 	(1) is issued to a child care center or a family child care provider licensed under 
1.20 	chapter 245A; or
1.21 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
1.22 	subdivision 2.
1.23 	(c) The identity of a disqualified individual and the reason for disqualification 
1.24 	remain private data when:
2.1 	(1) a disqualification is not set aside and no variance is granted;
2.2 	(2) the data are not public under paragraph (a) or (b);
2.3 	(3) the disqualification is rescinded because the information relied upon to disqualify 
2.4 	the individual is incorrect; or
2.5 	(4) the disqualification relates to a license to provide relative child foster care. 
2.6 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
2.7 	subdivision 27.
2.8 	(d) Licensed family ~~day~~ child care providers and child care centers must ~~notify~~ 
2.9 	~~parents considering enrollment of a child or parents of a child attending the family day~~ 
2.10 	~~care or child care center if the program employs or has living in the home any individual~~ 
2.11 	~~who is the subject of either a set aside or variance~~ provide notices as required under 
2.12 	section 245C.301.
2.13 	(e) Notwithstanding paragraphs (a) and  (b), the identity of household members who 
2.14 	are the subject of a disqualification related set-aside or variance is not public data if: 
2.15 	(1) the household member resides in the residence where the family child care is 
2.16 	provided; 
2.17 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
2.18 	(3) the set-aside or variance only relate to a disqualification under section 245C.15, 
2.19 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.

2.20 	Sec. 2. Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:
2.21 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
2.22 	~~Licensed~~ (a) Except as provided under paragraph (b), family child care providers and 
2.23 	child care centers must provide a written notification to parents considering enrollment 
2.24 	of a child or parents of a child attending the family child care or child care center if the 
2.25 	program employs or has living in the home any individual who is the subject of either a 
2.26 	set-aside or variance.
2.27 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
2.28 	to disclose that the program has an individual living in the home who is the subject of a 
2.29 	set-aside or variance if: 
2.30 	(1) the household member resides in the residence where the family child care is 
2.31 	provided; 
2.32 	(2) the subject of the set-aside or variance is under the age of 18 years; and  
2.33 	(3) the set-aside or variance relate to a disqualification under section 245C.15, 
2.34 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.