2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; family and early childhood 1.3 education; providing for children and family support 1.4 programs, community and systems change, prevention and 1.5 intervention, self-sufficiency and lifelong learning, 1.6 and resources and referral programs; appropriating 1.7 money; amending Minnesota Statutes 1998, sections 1.8 13.46, subdivision 2; 16B.405, subdivision 2; 119A.45; 1.9 119B.01, subdivisions 1, 2, 10, 12, 13, 15, 16, 17, 1.10 and by adding a subdivision; 119B.02, subdivision 1, 1.11 and by adding subdivisions; 119B.03, subdivisions 1, 1.12 2, 3, 4, and 9; 119B.04, subdivision 1; 119B.05, 1.13 subdivision 1; 119B.07; 119B.075; 119B.08, subdivision 1.14 3; 119B.09, subdivisions 1, 3, 5, and 7; 119B.10, 1.15 subdivision 1; 119B.11, subdivision 2a; 119B.12, 1.16 subdivision 2; 119B.13; 119B.14; 119B.15; 119B.19, 1.17 subdivision 1, and by adding subdivisions; 119B.20, 1.18 subdivisions 7, 8, 12, and by adding a subdivision; 1.19 119B.21, subdivisions 1, 2, 3, 5, 6, 8, 9, 10, and 11; 1.20 119B.23, subdivision 1; 119B.24; 124D.19, subdivision 1.21 11; 124D.22; 124D.23, by adding a subdivision; 1.22 124D.53, subdivision 3; 124D.54, subdivision 1; 1.23 256.01, subdivision 4; 256.045, subdivisions 6, 7, and 1.24 by adding a subdivision; 256.98, subdivisions 1, 7, 1.25 and 8; 256.983, subdivisions 3 and 4; and 466.01, 1.26 subdivision 1; Laws 1997, chapter 162, article 2, 1.27 section 28, subdivision 6; repealing Minnesota 1.28 Statutes 1998, sections 119B.01, subdivision 12a; 1.29 119B.03, subdivision 7; 119B.05, subdivision 6; 1.30 119B.17; 119B.18, subdivisions 1 and 2; 119B.19, 1.31 subdivisions 3, 4, and 5; 119B.20, subdivisions 1, 2, 1.32 3, 4, 5, 6, 9, 10, and 11; 119B.21, subdivisions 4, 6, 1.33 and 12; 119B.22; and 124D.14. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 ARTICLE 1 1.36 CHILDREN AND FAMILY SUPPORT PROGRAMS 1.37 Section 1. Minnesota Statutes 1998, section 13.46, 1.38 subdivision 2, is amended to read: 1.39 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 2.1 a statute specifically provides a different classification, data 2.2 on individuals collected, maintained, used, or disseminated by 2.3 the welfare system is private data on individuals, and shall not 2.4 be disclosed except: 2.5 (1) according to section 13.05; 2.6 (2) according to court order; 2.7 (3) according to a statute specifically authorizing access 2.8 to the private data; 2.9 (4) to an agent of the welfare system, including a law 2.10 enforcement person, attorney, or investigator acting for it in 2.11 the investigation or prosecution of a criminal or civil 2.12 proceeding relating to the administration of a program; 2.13 (5) to personnel of the welfare system who require the data 2.14 to determine eligibility, amount of assistance, and the need to 2.15 provide services of additional programs to the individual; 2.16 (6) to administer federal funds or programs; 2.17 (7) between personnel of the welfare system working in the 2.18 same program; 2.19 (8) the amounts of cash public assistance and relief paid 2.20 to welfare recipients in this state, including their names, 2.21 social security numbers, income, addresses, and other data as 2.22 required, upon request by the department of revenue to 2.23 administer the property tax refund law, supplemental housing 2.24 allowance, early refund of refundable tax credits, and the 2.25 income tax. "Refundable tax credits" means the dependent care 2.26 credit under section 290.067, the Minnesota working family 2.27 credit under section 290.0671, the property tax refund under 2.28 section 290A.04, and, if the required federal waiver or waivers 2.29 are granted, the federal earned income tax credit under section 2.30 32 of the Internal Revenue Code; 2.31 (9) between the department of human services, the 2.32 department of children, families, and learning, and the 2.33Minnesotadepartment of economic security for the purpose of 2.34 monitoring the eligibility of the data subject for reemployment 2.35 insurance, for any employment or training program administered, 2.36 supervised, or certified by that agency, for the purpose of 3.1 administering any rehabilitation program or child care 3.2 assistance program, whether alone or in conjunction with the 3.3 welfare system, or to monitor and evaluate thestatewide3.4 Minnesota family investment program by exchanging data on 3.5 recipients and former recipients of food stamps, cash assistance 3.6 under chapter 256, 256D, 256J, or 256K, child care assistance 3.7 under chapter 119B, or medical programs under chapter 256B, 3.8 256D, or 256L; 3.9 (10) to appropriate parties in connection with an emergency 3.10 if knowledge of the information is necessary to protect the 3.11 health or safety of the individual or other individuals or 3.12 persons; 3.13 (11) data maintained by residential programs as defined in 3.14 section 245A.02 may be disclosed to the protection and advocacy 3.15 system established in this state according to Part C of Public 3.16 Law Number 98-527 to protect the legal and human rights of 3.17 persons with mental retardation or other related conditions who 3.18 live in residential facilities for these persons if the 3.19 protection and advocacy system receives a complaint by or on 3.20 behalf of that person and the person does not have a legal 3.21 guardian or the state or a designee of the state is the legal 3.22 guardian of the person; 3.23 (12) to the county medical examiner or the county coroner 3.24 for identifying or locating relatives or friends of a deceased 3.25 person; 3.26 (13) data on a child support obligor who makes payments to 3.27 the public agency may be disclosed to the higher education 3.28 services office to the extent necessary to determine eligibility 3.29 under section 136A.121, subdivision 2, clause (5); 3.30 (14) participant social security numbers and names 3.31 collected by the telephone assistance program may be disclosed 3.32 to the department of revenue to conduct an electronic data match 3.33 with the property tax refund database to determine eligibility 3.34 under section 237.70, subdivision 4a; 3.35 (15) the current address of arecipient of aid to families3.36with dependent children orMinnesota family investment 4.1program-statewideprogram participant may be disclosed to law 4.2 enforcement officers who provide the name of therecipient4.3 participant and notify the agency that: 4.4 (i) therecipientparticipant: 4.5 (A) is a fugitive felon fleeing to avoid prosecution, or 4.6 custody or confinement after conviction, for a crime or attempt 4.7 to commit a crime that is a felony under the laws of the 4.8 jurisdiction from which the individual is fleeing; or 4.9 (B) is violating a condition of probation or parole imposed 4.10 under state or federal law; 4.11 (ii) the location or apprehension of the felon is within 4.12 the law enforcement officer's official duties; and 4.13 (iii) the request is made in writing and in the proper 4.14 exercise of those duties; 4.15 (16) the current address of a recipient of general 4.16 assistance or general assistance medical care may be disclosed 4.17 to probation officers and corrections agents who are supervising 4.18 the recipient and to law enforcement officers who are 4.19 investigating the recipient in connection with a felony level 4.20 offense; 4.21 (17) information obtained from food stamp applicant or 4.22 recipient households may be disclosed to local, state, or 4.23 federal law enforcement officials, upon their written request, 4.24 for the purpose of investigating an alleged violation of the 4.25 Food Stamp Act, according to Code of Federal Regulations, title 4.26 7, section 272.1(c); 4.27 (18) the address, social security number, and, if 4.28 available, photograph of any member of a household receiving 4.29 food stamps shall be made available, on request, to a local, 4.30 state, or federal law enforcement officer if the officer 4.31 furnishes the agency with the name of the member and notifies 4.32 the agency that: 4.33 (i) the member: 4.34 (A) is fleeing to avoid prosecution, or custody or 4.35 confinement after conviction, for a crime or attempt to commit a 4.36 crime that is a felony in the jurisdiction the member is 5.1 fleeing; 5.2 (B) is violating a condition of probation or parole imposed 5.3 under state or federal law; or 5.4 (C) has information that is necessary for the officer to 5.5 conduct an official duty related to conduct described in subitem 5.6 (A) or (B); 5.7 (ii) locating or apprehending the member is within the 5.8 officer's official duties; and 5.9 (iii) the request is made in writing and in the proper 5.10 exercise of the officer's official duty; 5.11 (19) certain information regarding child support obligors 5.12 who are in arrears may be made public according to section 5.13 518.575; 5.14 (20) data on child support payments made by a child support 5.15 obligor and data on the distribution of those payments excluding 5.16 identifying information on obligees may be disclosed to all 5.17 obligees to whom the obligor owes support, and data on the 5.18 enforcement actions undertaken by the public authority, the 5.19 status of those actions, and data on the income of the obligor 5.20 or obligee may be disclosed to the other party; 5.21 (21) data in the work reporting system may be disclosed 5.22 under section 256.998, subdivision 7; 5.23 (22) to the department of children, families, and learning 5.24 for the purpose of matching department of children, families, 5.25 and learning student data with public assistance data to 5.26 determine students eligible for free and reduced price meals, 5.27 meal supplements, and free milk according to United States Code, 5.28 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 5.29 produce accurate numbers of students receivingaid to families5.30with dependent children orMinnesota family investment 5.31program-statewideprogram assistance as required by section 5.32 126C.06; to allocate federal and state funds that are 5.33 distributed based on income of the student's family; and to 5.34 verify receipt of energy assistance for the telephone assistance 5.35 plan; 5.36 (23) the current address and telephone number of program 6.1 recipients and emergency contacts may be released to the 6.2 commissioner of health or a local board of health as defined in 6.3 section 145A.02, subdivision 2, when the commissioner or local 6.4 board of health has reason to believe that a program recipient 6.5 is a disease case, carrier, suspect case, or at risk of illness, 6.6 and the data are necessary to locate the person; 6.7 (24) to other state agencies, statewide systems, and 6.8 political subdivisions of this state, including the attorney 6.9 general, and agencies of other states, interstate information 6.10 networks, federal agencies, and other entities as required by 6.11 federal regulation or law for the administration of the child 6.12 support enforcement program; 6.13 (25) to personnel of public assistance programs as defined 6.14 in section 256.741, for access to the child support system 6.15 database for the purpose of administration, including monitoring 6.16 and evaluation of those public assistance programs; or 6.17 (26) to monitor and evaluate thestatewideMinnesota family 6.18 investment program by exchanging data between the departments of 6.19 human services and children, families, and learning, on 6.20 recipients and former recipients of food stamps, cash assistance 6.21 under chapter 256, 256D, 256J, or 256K, child care assistance 6.22 under chapter 119B, or medical programs under chapter 256B, 6.23 256D, or 256L. 6.24 (b) Information on persons who have been treated for drug 6.25 or alcohol abuse may only be disclosed according to the 6.26 requirements of Code of Federal Regulations, title 42, sections 6.27 2.1 to 2.67. 6.28 (c) Data provided to law enforcement agencies under 6.29 paragraph (a), clause (15), (16), (17), or (18), or paragraph 6.30 (b), are investigative data and are confidential or protected 6.31 nonpublic while the investigation is active. The data are 6.32 private after the investigation becomes inactive under section 6.33 13.82, subdivision 5, paragraph (a) or (b). 6.34 (d) Mental health data shall be treated as provided in 6.35 subdivisions 7, 8, and 9, but is not subject to the access 6.36 provisions of subdivision 10, paragraph (b). 7.1 Sec. 2. Minnesota Statutes 1998, section 119A.45, is 7.2 amended to read: 7.3 119A.45 [HEAD START AND EARLY CHILDHOODLEARNING AND CHILD7.4PROTECTIONFACILITIES GRANTS.] 7.5 The commissioner may make grants to state agencies and 7.6 political subdivisions to construct or rehabilitate facilities 7.7 forHead Start, early childhood and family education programs,7.8other early childhood intervention programs, or demonstration7.9family service centers housing multiagency collaborativesearly 7.10 childhood programs, with priority to centers in counties or 7.11 municipalities with the highest number of children living in 7.12 poverty. The commissioner may also make grants to state 7.13 agencies and political subdivisions to construct or rehabilitate 7.14 facilities for crisis nurseries or child visitation centers. 7.15 The facilities must be owned by the state or a political 7.16 subdivision, but may be leased under section 16A.695 to 7.17 organizations that operate the programs. The commissioner must 7.18 prescribe the terms and conditions of the leases. A grant for 7.19 an individual facility must not exceed $200,000 for each program 7.20 that is housed in the facility, up to a maximum of $500,000 for 7.21 a facility that houses three programs or more. Programs include 7.22 Head Start, early childhood and family education programs, and 7.23 other early childhood intervention programs. The commissioner 7.24 must give priority to grants that involve collaboration among 7.25 sponsors of programs under this section. At least 25 percent of 7.26 the amounts appropriated for these grants must be used in 7.27 conjunction with the youth employment and training programs 7.28 operated by the commissioner of economic security. Eligible 7.29 programs must consult with appropriate labor organizations to 7.30 deliver education and training. 7.31 Sec. 3. Minnesota Statutes 1998, section 119B.01, 7.32 subdivision 2, is amended to read: 7.33 Subd. 2. [APPLICANT.] "Child care fund applicants" means 7.34 all parents, stepparents, legal guardians, or eligible 7.35 relativecaretakerscaregivers who are members of the family and 7.36 reside in the household that applies for child care assistance 8.1 under the child care fund. 8.2 Sec. 4. Minnesota Statutes 1998, section 119B.01, 8.3 subdivision 10, is amended to read: 8.4 Subd. 10. [FAMILY.] "Family" means parents, stepparents, 8.5 guardians and their spouses, or other eligible 8.6 relativecaretakerscaregivers and their spouses, and their 8.7 blood related dependent children and adoptive siblings under the 8.8 age of 18 years living in the same home including children 8.9 temporarily absent from the household in settings such as 8.10 schools, foster care, and residential treatment facilities or 8.11 parents, stepparents, guardians and their spouses, or other 8.12 relative caregivers and their spouses temporarily absent from 8.13 the household in settings such as schools, military service, or 8.14 rehabilitation programs. When a minor parent or parents and 8.15 his, her, or their child or children are living with other 8.16 relatives, and the minor parent or parents apply for a child 8.17 care subsidy, "family" means only the minor parent or parents 8.18 andthetheir child or children.An adult may be considered a8.19dependent member of the family unit if 50 percent of the adult's8.20support is being provided by the parents, stepparents, guardians8.21and their spouses, or eligible relative caretakers and their8.22spouses, residing in the same household.An adult age 18 or 8.23 older who meets this definition of family and is a full-time 8.24 high school studentand can reasonably be expected to graduate8.25before age 19may be considered a dependent member of the family 8.26 unit if 50 percent or more of the adult's support is provided by 8.27 the parents, stepparents, guardians, and their spouses or 8.28 eligible relative caregivers and their spouses residing in the 8.29 same household. 8.30 Sec. 5. Minnesota Statutes 1998, section 119B.01, 8.31 subdivision 12, is amended to read: 8.32 Subd. 12. [INCOME.] "Income" means earned or unearned 8.33 income received by all family members, including public 8.34 assistance cash benefits and at-home infant care subsidy 8.35 payments, unless specifically excluded. The following are 8.36 excluded from income: funds used to pay for health insurance 9.1 premiums for family members,; Supplemental Security Income,; 9.2 scholarships, work-study income, and grants that cover costs or 9.3 reimbursement for tuition, fees, books, and educational 9.4 supplies; student loans for tuition, fees, books, supplies, and 9.5 living expenses; state and federal earned income tax credits; 9.6 in-kind income such as food stamps, energy assistance, foster 9.7 care assistance, medical assistance, child care assistance, and 9.8 housing subsidies; earned income of full or part-timesecondary9.9schoolstudentsup to the age of 19, who have not earned a high 9.10 school or general equivalency diploma including earnings from 9.11 summer employment; grant awards under the family subsidy 9.12 program; nonrecurring lump sum income only to the extent that it 9.13 is earmarked and used for the purpose for which it is paid; and 9.14 any income assigned to the public authority according to section 9.15 256.74 or 256.741, if enacted. 9.16 Sec. 6. Minnesota Statutes 1998, section 119B.01, 9.17 subdivision 13, is amended to read: 9.18 Subd. 13. [PROVIDER.] "Provider" means a child care 9.19 license holder who operates a familydaychild care home, a 9.20 group familydaychild care home, adaychild care center, a 9.21 nursery school, a day nursery,an extended day school age9.22childa school-age care program; alegal nonlicensed extended9.23day school age childlicense exempt school-age care program 9.24which operatesoperating under the auspices of a local school 9.25 board or a park or recreation board of the first class that has 9.26 adoptedschool age childschool-age carestandardsguidelines 9.27 which meet or exceedstandardsguidelines recommended by the 9.28statedepartment of children, families, and learning,; or a 9.29legalnonlicensedcaregiverregistered provider under section 9.30 119B.09, subdivision 5a, who is at least 18 years of age, and 9.31 who is not a member of theAFDCMFIP assistance unit or a member 9.32 of the family receiving child care assistance under this chapter. 9.33 Sec. 7. Minnesota Statutes 1998, section 119B.01, 9.34 subdivision 15, is amended to read: 9.35 Subd. 15. [AFDCMFIP.]"AFDC" means the aid to families9.36with dependent children program under sections 256.72 to 256.87;10.1the MFIP program under sections 256.031 to 256.0361 and 256.047510.2to 256.049; the MFIP-S program under chapter 256J; and"MFIP" 10.3 means the Minnesota family investment program under chapter 256J 10.4 which is the state's TANF program under Public Law Number 10.5 104-193, title I, and includes the work first program under 10.6 chapter 256K, whichever program is in effect. 10.7 Sec. 8. Minnesota Statutes 1998, section 119B.01, 10.8 subdivision 16, is amended to read: 10.9 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 10.10 families" means families who have receivedAFDCMFIP assistance, 10.11 or who were eligible to receiveAFDCMFIP assistance after 10.12 choosing to discontinue receipt of the cash portion ofMFIP-S10.13 MFIP assistance under section 256J.31, subdivision 12, for at 10.14 least three of the last six months before losing eligibility for 10.15AFDCMFIP due toincreased hours of employment, orincreased 10.16 income from employment or child or spousal support or families 10.17 participating in work first under chapter 256K who meet the 10.18 requirements of section 256K.07. Transition year child care may 10.19 be used to support employment or job search. 10.20 Sec. 9. Minnesota Statutes 1998, section 119B.01, 10.21 subdivision 17, is amended to read: 10.22 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 10.23 program under this chapter providing: 10.24 (1) financial assistance for child care to parents engaged 10.25 in employmentor the short-term provision of at-home infant care10.26for their own child, job search, or education and training 10.27 leading to employment, or an at-home infant care subsidy; and 10.28 (2) grants to develop, expand, and improve the access and 10.29 availability of child care services statewide. 10.30 Sec. 10. Minnesota Statutes 1998, section 119B.02, 10.31 subdivision 1, is amended to read: 10.32 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 10.33 shall develop standards for county and human services boards to 10.34 provide child care services to enable eligible families to 10.35 participate in employment, training, or education programs. 10.36 Within the limits of available appropriations, the commissioner 11.1 shall distribute money to counties to reduce the costs of child 11.2 care for eligible families. The commissioner shall adopt rules 11.3 to govern the program in accordance with this section. The 11.4 rules must establish a sliding schedule of fees for parents 11.5 receiving child care services. The rules shall provide that 11.6 funds received as a lump sum payment of child support arrearages 11.7 shall not be counted as income to a family in the month received 11.8 but shall be prorated over the 12 months following receipt and 11.9 added to the family income during those months. In the rules 11.10 adopted under this section, county and human services boards 11.11 shall be authorized to establish policies for payment of child 11.12 care spaces for absent children, when the payment is required by 11.13 the child's regular provider. The rules shall not set a maximum 11.14 number of days for which absence payments can be made, but 11.15 instead shall direct the county agency to set limits and pay for 11.16 absences according to the prevailing market practice in the 11.17 county. County policies for payment of absences shall be 11.18 subject to the approval of the commissioner. The commissioner 11.19 shall maximize the use of federal moneyin section 256.736under 11.20 Public Law Number 104-193, titles I and VI, and other programs 11.21 that provide federal or state reimbursement for child care 11.22 services for low-income families who are in education, training, 11.23 job search, or other activities allowed under those programs. 11.24 Money appropriated under this section must be coordinated with 11.25 the programs that provide federal reimbursement for child care 11.26 services to accomplish this purpose. The commissioner shall 11.27 allocate federal reimbursementobtained must be allocated to the11.28countyto counties that spent money forchild care that is11.29federally reimbursable under programs that provide federal11.30reimbursement forfederally reimbursable child care services. 11.31 The counties shall use the federal money to expand child care 11.32 services. The commissioner may adopt rules under chapter 14 to 11.33 implement and coordinate federal program requirements. 11.34 Sec. 11. Minnesota Statutes 1998, section 119B.02, is 11.35 amended by adding a subdivision to read: 11.36 Subd. 3. [SUPERVISION OF COUNTIES.] The commissioner shall 12.1 supervise child care programs administered by the counties 12.2 through standard-setting, technical assistance to the counties, 12.3 approval of county plans, and distribution of public money for 12.4 services. The commissioner shall provide training and other 12.5 support services to assist counties in planning for and 12.6 implementing child care assistance programs. The commissioner 12.7 shall adopt rules under chapter 14 that establish minimum 12.8 administrative and service standards for the provision of child 12.9 care services by county boards of commissioners. 12.10 Sec. 12. Minnesota Statutes 1998, section 119B.02, is 12.11 amended by adding a subdivision to read: 12.12 Subd. 4. [PROGRAM INTEGRITY.] For child care assistance 12.13 programs under this chapter, the commissioner shall enforce, in 12.14 cooperation with the commissioner of human services, the 12.15 requirements for program integrity and fraud prevention 12.16 investigations under sections 256.046, 256.98, and 256.983. 12.17 Sec. 13. Minnesota Statutes 1998, section 119B.03, 12.18 subdivision 1, is amended to read: 12.19 Subdivision 1. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] 12.20 When the commissioner notifies county and human service boards 12.21 of the forms and instructions they are to follow in the 12.22 development of theirbiennial community social serviceschild 12.23 care fund plans required under section256E.08119B.08, 12.24 subdivision 3, the commissioner shall also notify county and 12.25 human services boards of their estimated child care fund program 12.26 allocation for the two years covered by the plan. By October 1 12.27 of each year, the commissioner shall notify all counties of 12.28 their final child care fund program allocation. 12.29 Sec. 14. Minnesota Statutes 1998, section 119B.03, 12.30 subdivision 2, is amended to read: 12.31 Subd. 2. [WAITING LIST.] Each county that receives funds 12.32 under this section must keep a written record and report to the 12.33 commissioner the number of eligible families who have applied 12.34 for a child care subsidy or have requested child care 12.35 assistance. Counties shall perform a cursory determination of 12.36 eligibility when a family requests information about child care 13.1 assistance. A family that appears to be eligible must be put on 13.2 a waiting list if funds are not immediately available. The 13.3 waiting list must identify students in need of child care.When13.4money is available counties shall expedite the processing of13.5student applications during key enrollment periods.13.6 Sec. 15. Minnesota Statutes 1998, section 119B.03, 13.7 subdivision 3, is amended to read: 13.8 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 13.9 eligibility requirements under sections 119B.07, 119B.09, and 13.10 119B.10, exceptAFDC recipients,MFIPrecipientsparticipants, 13.11 work first participants, and transition year families, and13.12119B.10are eligible for child care assistance under the basic 13.13 sliding fee program. Families enrolled in the basic sliding fee 13.14 program shall be continued until they are no longer eligible. 13.15 Child care assistance provided through the child care fund is 13.16 considered assistance to the parent. 13.17 Sec. 16. Minnesota Statutes 1998, section 119B.03, 13.18 subdivision 4, is amended to read: 13.19 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 13.20 care assistance under the basic sliding fee program must be 13.21 given to eligiblenon-AFDCfamilies who are not MFIP 13.22 participants and who do not have a high school or general 13.23 equivalency diploma, or who need remedial and basic skill 13.24 courses in order to pursue employment orto pursueeducation 13.25 leading to employment. Within this priority, the following 13.26 subpriorities must be used: 13.27 (1) child care needs of minor parents; 13.28 (2) child care needs of parents under 21 years of age; and 13.29 (3) child care needs of other parents within the priority 13.30 group described in this paragraph. 13.31(b) Second priority must be given to parents who have13.32completed their AFDC transition year.13.33(c) Third(b) Second priority must be given to families who 13.34 are eligible for portable basic sliding fee assistance through 13.35 the portability pool under subdivision 9. 13.36 Sec. 17. Minnesota Statutes 1998, section 119B.03, 14.1 subdivision 9, is amended to read: 14.2 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 14.3 establish a pool of up to five percent of the annual 14.4 appropriation for the basic sliding fee program to provide 14.5 continuous child care assistance for eligible families who move 14.6 between Minnesota counties. At the end of each allocation 14.7 period, any unspent funds in the portability pool must beadded14.8to the funds available for reallocationused for assistance 14.9 under the basic sliding fee program. If expenditures from the 14.10 portability pool exceed the amount of money available, the 14.11 reallocation pool must be reduced to cover these shortages. 14.12 (b) To be eligible for portable basic sliding fee 14.13 assistance, a family that has moved from a county in which it 14.14 was receiving basic sliding fee assistance to a county with a 14.15 waiting list for the basic sliding fee program must: 14.16 (1) meet the income and eligibility guidelines for the 14.17 basic sliding fee program; and 14.18 (2) notify the new county of residence within 30 days of 14.19 moving and apply for basic sliding fee assistance in the new 14.20 county of residence. 14.21 (c) The receiving county must: 14.22 (1) accept administrative responsibility for applicants for 14.23 portable basic sliding fee assistance at the end of the two 14.24 months of assistance under the Unitary Residency act; 14.25 (2) continue basic sliding fee assistance for the lesser of 14.26 six months or until the family is able to receive assistance 14.27 under the county's regular basic sliding program; and 14.28 (3) notify the commissioner through the quarterly reporting 14.29 process of any family that meets the criteria of the portable 14.30 basic sliding fee assistance pool. 14.31 Sec. 18. Minnesota Statutes 1998, section 119B.04, 14.32 subdivision 1, is amended to read: 14.33 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 14.34 commissionerof children, families, and learningis authorized 14.35 and directed to receive, administer, and expend funds available 14.36 under the child care and development fund under Public Law 15.1 Number 104-193, TitleIVI. 15.2 Sec. 19. Minnesota Statutes 1998, section 119B.05, 15.3 subdivision 1, is amended to read: 15.4 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 15.5 for child care assistance under theAFDCMFIP child care program 15.6 are: 15.7 (1)persons receiving services under sections 256.031 to15.8256.0361 and 256.047 to 256.048;15.9(2) AFDCMFIP recipients who are employed or in job search 15.10 and meet the requirements of section 119B.10; 15.11(3)(2) persons who are members of transition year families 15.12 under section 119B.01, subdivision 16; 15.13(4) members of the control group for the STRIDE evaluation15.14conducted by the Manpower Demonstration Research Corporation;15.15(5) AFDC caretakers who are participating in the STRIDE and15.16non-STRIDE AFDC child care program;15.17(6)(3) families who are participating in employment 15.18 orientation or job search, or other employment or training 15.19 activities that are included in an approved employability 15.20 development plan under chapter 256K; and 15.21(7) MFIP-S(4) MFIP families who are participating in work 15.22 activities as required in their job search support or employment 15.23 plan, or in appeals, hearings, assessments, or orientations 15.24 according to chapter 256J. Child care assistance to support 15.25 work activities as described in section 256J.49 must be 15.26 available according to sections 119A.54, 119B.01, subdivision 8, 15.27 124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 15.28 of the Social Security Act. 15.29 Sec. 20. Minnesota Statutes 1998, section 119B.07, is 15.30 amended to read: 15.31 119B.07 [USE OF MONEY.] 15.32 Money for persons listed in sections 119B.03, subdivision 15.33 3, and 119B.05, subdivision 1, shall be used to reduce the costs 15.34 of child care for students, including the costs of child care 15.35 for students while employed if enrolled in an eligible education 15.36 program at the same time and making satisfactory progress 16.1 towards completion of the program. Counties may not limit the 16.2 duration of child care subsidies for a person in an employment 16.3 or educational program, except when the person is found to be 16.4 ineligible under the child care fund eligibility standards. Any 16.5 limitation must be based on a person'semployabilityemployment 16.6 plan in the case of anAFDC recipientMFIP participant, and 16.7 county policies included in the child careallocationfund plan. 16.8 The maximum length of time a student is eligible for child care 16.9 assistance under the child care fund for education and training 16.10 is no more than the time necessary to complete the credit 16.11 requirements for an associate or baccalaureate degree as 16.12 determined by the educational institution, excluding basic or 16.13 remedial education programs needed to prepare for post-secondary 16.14 education or employment. To be eligible, the student must be in 16.15 good standing and be making satisfactory progress toward the 16.16 degree. Time limitations for child care assistance do not apply 16.17 to basic or remedial educational programs needed to prepare for 16.18 post-secondary education or employment. These programs 16.19 include: high school, general equivalency diploma, and English 16.20 as a second language. Programs exempt from this time limit must 16.21 not run concurrently with a post-secondary program. High school 16.22 students who are participating in a post-secondary options 16.23 program and who receive a high school diploma issued by the 16.24 school district are exempt from the time limitations while 16.25 pursuing a high school diploma.Financially eligible students16.26who have received child care assistance for one academic year16.27shall be provided child care assistance in the following16.28academic year if funds allocated under sections 119B.03 and16.29119B.05 are available.If anAFDC recipientMFIP participant 16.30 who is receivingAFDCMFIP child care assistance under this 16.31 chapter moves to another county, continues to participate in 16.32 educational or training programs authorized in 16.33 theiremployability development plansemployment plan, and 16.34 continues to be eligible forAFDCMFIP child care assistance 16.35 under this chapter, theAFDC caretakerMFIP caregiver must 16.36 receive continued child care assistance from the county 17.1 responsible for their currentemployability development17.2 employment plan,without interruptionaccording to section 17.3 256G.07. 17.4 Sec. 21. Minnesota Statutes 1998, section 119B.075, is 17.5 amended to read: 17.6 119B.075 [RESERVE ACCOUNT.] 17.7A reserve account must be created within the general fund17.8for all unexpended basic sliding fee child care, TANF child17.9care, or other child care funds under the jurisdiction of the17.10commissioner. Any funds for those purposes that are unexpended17.11at the end of a biennium must be deposited in this reserve17.12account, and may be appropriated on an ongoing basis by the17.13commissioner for basic sliding fee child care or TANF child care17.14 A child care reserve account is created in the state treasury. 17.15 Funds appropriated for child care assistance and development to 17.16 the commissioner that are not expended by the end of each 17.17 biennium must be retained in the reserve account to be expended 17.18 for child care programs in subsequent fiscal years. 17.19 Sec. 22. Minnesota Statutes 1998, section 119B.08, 17.20 subdivision 3, is amended to read: 17.21 Subd. 3. [CHILD CARE FUND PLAN.]Effective January 1,17.221992, the county will include the plan required under this17.23subdivision in its biennial community social services plan17.24required in this section, for the group described in section17.25256E.03, subdivision 2, paragraph (h). The commissioner shall17.26establish the dates by which the county must submit these17.27plans.The county and designated administering agency shall 17.28 submit to the commissioner an annual child care fundallocation17.29 plan in its biennial community social services plan. The 17.30 commissioner shall establish the dates by which the county must 17.31 submit the plans. The plan shall include: 17.32 (1) a narrative of the total program for child care 17.33 services, including all policies and procedures that affect 17.34 eligible families and are used to administer the child care 17.35 funds; 17.36 (2) the methods used by the county to inform eligible 18.1 groups of the availability of child care assistance and related 18.2 services; 18.3 (3) the provider rates paid for all children by provider 18.4 type; 18.5 (4) the county prioritization policy for all eligible 18.6groupsfamilies under the basic sliding fee programand AFDC18.7child care program; and 18.8 (5) other information as requested by the department to 18.9 ensure compliance with the child care fund statutes and rules 18.10 promulgated by the commissioner. 18.11 The commissioner shall notify counties within 60 days of 18.12 the date the plan is submitted whether the plan is approved or 18.13 the corrections or information needed to approve the plan. The 18.14 commissioner shall withhold a county's allocation until it has 18.15 an approved plan. Plans not approved by the end of the second 18.16 quarter after the plan is due may result in a 25 percent 18.17 reduction in allocation. Plans not approved by the end of the 18.18 third quarter after the plan is due may result in a 100 percent 18.19 reduction in the allocation to the county. Counties are to 18.20 maintain services despite any reduction in their allocation due 18.21 to plans not being approved. 18.22 Sec. 23. Minnesota Statutes 1998, section 119B.09, 18.23 subdivision 1, is amended to read: 18.24 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 18.25 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 18.26 must be available to families who need child care to find or 18.27 keep employment or to obtain the training or education necessary 18.28 to find employment and who: 18.29 (1) meet the requirements of section 119B.05; receiveaid18.30to families with dependent children, MFIP-S, or work first,18.31whichever is in effectMFIP assistance; and arereceiving18.32 participating in employment and training services undersection18.33256.736 orchapter 256J or 256K; 18.34 (2) have household income below the eligibility levels for 18.35aid to families with dependent childrenMFIP; or 18.36 (3) have household income within a range established by the 19.1 commissioner. 19.2 (b) Child care servicesfor the families receiving aid to19.3families with dependent childrenmust be made available as 19.4 in-kind services, to cover any difference between the actual19.5cost and the amount disregarded under the aid to families with19.6dependent children program. Child care services to families19.7whose incomes are below the threshold of eligibility for aid to19.8families with dependent children, but are not AFDC caretakers,19.9must be made available with the same copayment required of AFDC19.10caretakers or MFIP-S caregivers. 19.11 (c) All applicants for child care assistance and families 19.12 currently receiving child care assistance must be assisted and 19.13 required to cooperate in establishment of paternity and 19.14 enforcement of child support obligations for all children in the 19.15 family as a condition of program eligibility. For purposes of 19.16 this section, a family is considered to meet the requirement for 19.17 cooperation when the family complies with the requirements of 19.18 section 256.741, if enacted. 19.19 Sec. 24. Minnesota Statutes 1998, section 119B.09, 19.20 subdivision 3, is amended to read: 19.21 Subd. 3. [PRIORITIES; ALLOCATIONS.] If a county projects 19.22 that its child care allocation is insufficient to meet the needs 19.23 of all eligible groups, it may prioritize among the groups that 19.24 remain to be served after the county has complied with the 19.25 priority requirements of section 119B.03. Counties that have 19.26 established a priority fornon-AFDCfamilies who are not MFIP 19.27 participants beyond those established under section 119B.03 must 19.28 submit the policy in the annualallocationchild care fund plan. 19.29 Sec. 25. Minnesota Statutes 1998, section 119B.09, 19.30 subdivision 5, is amended to read: 19.31 Subd. 5. [PROVIDER CHOICE.] Parents may choose child care 19.32 providers as defined under section 119B.01, subdivision 13, that 19.33 best meet the needs of their family. Counties shall make 19.34 resources available to parents in choosing quality child care 19.35 services. Countiesmayshall require a parent to sign a release 19.36 stating their knowledge and responsibilities in choosing a legal 20.1 provider described under section 119B.01, subdivision 13, and a 20.2 release to allow transfer of the registered provider's name and 20.3 address to the child care resource and referral agency. When a 20.4 county knows that a particular provider is unsafe, or that the 20.5 circumstances of the child care arrangement chosen by the parent 20.6 are unsafe, the county may deny a child care subsidy. Counties 20.7 must provide every parent with a disclaimer stating that a 20.8 nonlicensed provider may present dangers or problems that the 20.9 county is not able to be aware of. The county shall not deny a 20.10 child care subsidy to a child care provider with a valid license 20.11 under section 245A.03, except as provided in this subdivision. 20.12 A county may not restrict access to a general category of 20.13 provider allowed under section 119B.01, subdivision 13. 20.14 Sec. 26. Minnesota Statutes 1998, section 119B.09, 20.15 subdivision 7, is amended to read: 20.16 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 20.17 eligibility for child care assistance under this chapter is the 20.18 later of the date the application was signed; the beginning date 20.19 of employment, education, or training; or the date a 20.20 determination has been made that the applicant is a participant 20.21 in employment and training services under Minnesota Rules, part 20.22 3400.0080, subpart 2a,section 256.736,or chapter 256J or 20.23 256K. The date of eligibility for the basic sliding fee at-home 20.24 infant child care program is the later of the date the infant is 20.25 born or, in a county with a basic sliding fee wait list, the 20.26 date the family applies for at-home infant child care. Payment 20.27 ceases for a family under the at-home infant child care program 20.28 when a family has used a total of 12 months of assistance as 20.29 specified under section 119B.061. Payment of child care 20.30 assistance for employed persons onAFDCMFIP is effective the 20.31 date of employment or the date ofAFDCMFIP eligibility, 20.32 whichever is later. Payment of child care assistance forMFIP-S20.33 MFIP or work first participants in employment and training 20.34 services is effective the date of commencement of the services 20.35 or the date ofMFIP-SMFIP or work first eligibility, whichever 20.36 is later. Payment of child care assistance for transition year 21.1 child care must be made retroactive to the date of eligibility 21.2 for transition year child care. 21.3 Sec. 27. Minnesota Statutes 1998, section 119B.10, 21.4 subdivision 1, is amended to read: 21.5 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 21.6 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 21.7 and who are eligible for assistance under this section are 21.8 eligible to receive up to 240 hours of child care assistance per 21.9 calendar year. 21.10 (b) Employed persons who work at least an average of 21.11 20 hours and full-time students who work at least an average of 21.12 ten hours a week and receive at least a minimum wage for all 21.13 hours worked are eligible for continued child care 21.14 assistance for employment. For purposes of this section, 21.15 work-study programs must be counted as employment. Child care 21.16 assistance during employment must be authorized as provided in 21.17 paragraphs (c) and (d). 21.18 (c) When thecaregiverperson works for an hourly wage and 21.19 the hourly wage is equal to or greater than the applicable 21.20 minimum wage, child care assistance shall be provided for the 21.21 actual hours of employment, break, and mealtime during the 21.22 employment and travel time up to two hours per day. 21.23 (d) When thecaregiverperson does not work for an hourly 21.24 wage, child care assistance must be provided for the lesser of: 21.25 (1) the amount of child care determined by dividing gross 21.26 earned income by the applicable minimum wage, up to one hour 21.27 every eight hours for meals and break time, plus up to two hours 21.28 per day for travel time; or 21.29 (2) the amount of child care equal to the actual amount of 21.30 child care used during employment, including break and mealtime 21.31 during employment, and travel time up to two hours per day. 21.32 Sec. 28. Minnesota Statutes 1998, section 119B.11, 21.33 subdivision 2a, is amended to read: 21.34 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child 21.35 care assistance paid to a recipient in excess of the payment due 21.36 is recoverable by the county agency. If the family remains 22.1 eligible for child care assistance, the overpayment must be 22.2 recovered through recoupment as identified in Minnesota Rules, 22.3 part9565.5110, subpart 11, items A and B, if the family remains22.4eligible for assistance3400.0140, subpart 19. If the family no 22.5 longer remains eligible for child care assistance, the county 22.6 may choose to initiate efforts to recover overpayments from the 22.7 family for overpayment less than $50. If the overpayment is 22.8 greater than or equal to $50, the county shall seek voluntary 22.9 repayment of the overpayment from the family. If the county is 22.10 unable to recoup the overpayment through voluntary repayment, 22.11 the county shall initiate civil court proceedings to recover the 22.12 overpayment unless the county's costs to recover the overpayment 22.13 will exceed the amount of the overpayment. A family with an 22.14 outstanding debt under this subdivision is not eligible for 22.15 child care assistance until: (1) the debt is paid in full; or 22.16 (2) satisfactory arrangements are made with the county to retire 22.17 the debt consistent with the requirements of this chapter and 22.18 Minnesota Rules, chapter 3400, and the family is in compliance 22.19 with the agreement. 22.20 Sec. 29. Minnesota Statutes 1998, section 119B.12, 22.21 subdivision 2, is amended to read: 22.22 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 22.23 be a fixed percentage of its annual gross income. Parent fees 22.24 must apply to families eligible for child care assistance under 22.25 sections 119B.03 and 119B.05. Income must be as defined in 22.26 section 119B.01, subdivision 12. The fixed percent is based on 22.27 the relationship of the family's annual gross income to 100 22.28 percent of state median income. Beginning January 1, 1998, 22.29 parent fees must begin at 75 percent of the poverty level. The 22.30 minimum parent fees for families between 75 percent and 100 22.31 percent of poverty level must be $5 per month.Parent fees for22.32families with incomes at or above the poverty level must not22.33decrease due to the addition of family members after the22.34family's initial eligibility determination.Parent fees must be 22.35 established in rule and must provide for graduated movement to 22.36 full payment. 23.1 Sec. 30. Minnesota Statutes 1998, section 119B.13, is 23.2 amended to read: 23.3 119B.13 [CHILD CARE RATES.] 23.4 Subdivision 1. [SUBSIDY RESTRICTIONS.]Effective July 1,23.51991,The maximum rate paid for child care assistance under the 23.6 child care fundis the maximum rate eligible for federal23.7reimbursement. The ratemay not exceed the 75th percentile rate 23.8 for like-care arrangements in the county as surveyed by the 23.9 commissioner. A rate which includes a provider bonus paid under 23.10 subdivision 2 or a special needs rate paid under subdivision 3 23.11 may be in excess of the maximum rate allowed under this 23.12 subdivision. The departmentof children, families, and learning23.13 shall monitor the effect of this paragraph on provider rates. 23.14 The county shall pay the provider's full charges for every child 23.15 in care up to the maximum established. The commissioner shall 23.16 determine the maximum rate for each type of care, including 23.17 special needs and handicapped care. Not less than once every 23.18 two years, thecountycommissioner shall evaluateratesmarket 23.19 practices for payment ofabsent spacesabsences and shall 23.20 establish policies for payment of absent days that reflect 23.21 current market practice. 23.22 When the provider charge is greater than the maximum 23.23 provider rate allowed, the parent is responsible for payment of 23.24 the difference in the rates in addition to any family copayment 23.25 fee. 23.26 Subd. 2. [PROVIDER RATE BONUS FOR ACCREDITATION.] 23.27Currently accredited child care centers shall be paid a ten23.28percent bonus above the maximum rate established in subdivision23.291, up to the actual provider rate.A familydaychild care 23.30 provider or child care center shall be paid a ten percent bonus 23.31 above the maximum rate established in subdivision 1, if the 23.32 provider or center holds a current early childhood development 23.33 credential approved by the commissioner, up to the actual 23.34 provider rate.For purposes of this subdivision, "accredited"23.35means accredited by the National Association for the Education23.36of Young Children.24.1 Subd. 3. [PROVIDER RATE FOR CARE OF CHILDREN WITH 24.2 HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 24.3 for the care of children with handicaps or special needs, at a 24.4 special rate to besetapproved by the county for care of these 24.5 children, subject to the approval of the commissioner. 24.6 Subd. 4. [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 24.7 Child care providers receiving reimbursement under this chapter 24.8 may not charge a rate to clients receiving assistance under this 24.9 chapter that is higher than the private, full-paying client rate. 24.10 Subd. 5. [PROVIDER NOTICE.] The county shall inform both 24.11 the family receiving assistance under this chapter and the child 24.12 care provider of the payment amount and how and when payment 24.13 will be received. If the county sends a family a notice that 24.14 child care assistance will be terminated, the county shall 24.15 inform the provider that unless the family requests to continue 24.16 to receive assistance pending an appeal, child care payments 24.17 will no longer be made. The notice to thevendorprovider must 24.18 not contain any private data on the family or information on why 24.19 payment will no longer be made. 24.20 Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor 24.21 payments to the child care provider or pay the parent directly 24.22 for eligible child care expenses. If payments for child care 24.23 assistance are made to providers, the provider shall bill the 24.24 county for services provided within ten days of the end of the 24.25 month of service. If bills are submitted in accordance with the 24.26 provisions of this subdivision, a county shall issue payment to 24.27 the provider of child care under the child care fund within 30 24.28 days of receiving an invoice from the provider. Counties may 24.29 establish policies that make payments on a more frequent basis. 24.30 A county's payment policies must be included in the county's 24.31 child care plan under section 119B.08, subdivision 3. 24.32 Sec. 31. Minnesota Statutes 1998, section 119B.14, is 24.33 amended to read: 24.34 119B.14 [EXTENSION OF EMPLOYMENT OPPORTUNITIES.] 24.35 The county board shallinsureensure that child care 24.36 services available to eligible residents are well advertised and 25.1 that everyone who receives or applies foraid to families with25.2dependent childrenMFIP assistance is informed of training and 25.3 employment opportunities and programs, including child care 25.4 assistance and child care resource and referral services. 25.5 Sec. 32. Minnesota Statutes 1998, section 119B.15, is 25.6 amended to read: 25.7 119B.15 [ADMINISTRATIVE EXPENSES.] 25.8 The commissioner shall use up to 1/21 of the state and 25.9 federal funds available for the basic sliding fee program and 25.10 1/21 of the state and federal funds available for theAFDCMFIP 25.11 child care program for payments to counties for administrative 25.12 expenses. 25.13 Sec. 33. Minnesota Statutes 1998, section 119B.21, 25.14 subdivision 6, is amended to read: 25.15 Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENT, 25.16 INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 25.17 applications for funding and making recommendations to the 25.18 commissioner, the child care regional advisory committees shall 25.19 rank and give priority to: 25.20 (1) new programs or projects, or the expansion or 25.21 improvement of existing programs or projects that serve ethnic 25.22 immigrant and refugee communities; 25.23 (2) new programs or projects, or the expansion or 25.24 improvement of existing programs or projects in areas where a 25.25 demonstrated need for child care facilities has been shown, with 25.26 special emphasis on programs or projects in areas where there is 25.27 a shortage of licensed child care; 25.28(2)(3) new programs and projects, or the expansions or 25.29 enrichment of existing programs or projects that serve sick 25.30 children, infants or toddlers, children with special needs, 25.31 children from low-income families, or parents needing child care 25.32 during nonstandard hours; 25.33(3)(4) unlicensed providers who wish to become licensed; 25.34(4)(5) improvement of existing programs; 25.35(5)(6) child care programs seeking accreditation and child 25.36 care providers seeking certification; and 26.1(6)(7) entities that will use grant money for scholarships 26.2 for child care workers attending educational or training 26.3 programs sponsored by the entity. 26.4 Sec. 34. Minnesota Statutes 1998, section 119B.24, is 26.5 amended to read: 26.6 119B.24 [DUTIES OF COMMISSIONER.] 26.7 In addition to the powers and duties already conferred by 26.8 law, the commissioner of children, families, and learning shall: 26.9 (1)by September 1, 1998, and every five years thereafter,26.10survey and report on all components of the child care system,26.11including, but not limited to, availability of licensed child26.12care slots, the number of children in various kinds of child26.13care settings, staff wages, rate of staff turnover,26.14qualifications of child care workers, cost of child care by type26.15of service and ages of children, and child care availability26.16through school systems;26.17(2) by September 1, 1998, and every five years thereafter,26.18survey and report on the extent to which existing child care26.19services fulfill the need for child care, giving particular26.20attention to the need for part-time care and for care of26.21infants, sick children, children with special needs, low-income26.22children, toddlers, and school-age children;26.23(3)administer the child care fund, including the basic 26.24 sliding fee program authorized under sections 119B.01 to 26.25 119B.16; 26.26(4)(2) monitor the child care resource and referral 26.27 programs established under section 119B.19; and 26.28(5)(3) encourage child care providers to participate in a 26.29 nationally recognized accreditation system for early childhood 26.30 programs. The commissioner shall reimburse licensed child care 26.31 providers for one-half of the direct cost of accreditation fees, 26.32 upon successful completion of accreditation. 26.33 Sec. 35. Minnesota Statutes 1998, section 124D.19, 26.34 subdivision 11, is amended to read: 26.35 Subd. 11. [EXTENDED DAYSCHOOL-AGE CARE PROGRAMS.] (a) A 26.36 school board may offer, as part of a community education 27.1 program,an extended daya school-age care program for children 27.2 from kindergarten through grade 6 for the purpose of expanding 27.3 students' learning opportunities. If the school board chooses 27.4 not to offer a school-age care program, it may allow an 27.5 appropriate insured community group, for profit entity or 27.6 nonprofit organization to use available school facilities for 27.7 the purpose of offering a school-age care program. 27.8 (b) A school-age care program must include the following: 27.9 (1) adult supervised programs while school is not in 27.10 session; 27.11 (2) parental involvement in program design and direction; 27.12 (3) partnerships with the kindergarten through grade 12 27.13 system, and other public, private, or nonprofit entities;and27.14 (4) opportunities for trained secondary school pupils to 27.15 work with younger children in a supervised setting as part of a 27.16 community service program.; and 27.17 (5) access to available school facilities, including the 27.18 gymnasium, sports equipment, computer labs, and media centers, 27.19 when not otherwise in use as part of the operation of the 27.20 school. The school district may establish reasonable rules 27.21 relating to access to these facilities and may require that: 27.22 (i) the organization request access to the facilities and 27.23 prepare and maintain a schedule of proposed use; 27.24 (ii) the organization provide evidence of adequate 27.25 insurance to cover the activities to be conducted in the 27.26 facilities; and 27.27 (iii) the organization prepare and maintain a plan 27.28 demonstrating the adequacy and training of staff to supervise 27.29 the use of the facilities. 27.30(b)(c) The district may charge a sliding fee based upon 27.31 family income forextended dayschool-age care programs. The 27.32 district may receive money from other public or private sources 27.33 for theextended dayschool-age care program. The board of the 27.34 district must develop standards for school-age child care 27.35 programs.Districts must adopt standards within one year after27.36the district first offers services under a program authorized by28.1this subdivision.The state board of education may not adopt 28.2 rules forextended dayschool-age care programs. 28.3(c)(d) The district shall maintain a separate account 28.4 within the community services fund for all funds related to the 28.5extended dayschool-age care program. 28.6 (e) A district is encouraged to coordinate the school-age 28.7 care program with its special education, vocational education, 28.8 adult basic education, early childhood family education 28.9 programs, kindergarten through grade 12 instruction and 28.10 curriculum services, youth development and youth service 28.11 agencies, and with related services provided by other 28.12 governmental agencies and nonprofit agencies. 28.13 Sec. 36. Minnesota Statutes 1998, section 124D.22, is 28.14 amended to read: 28.15 124D.22 [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] 28.16 Subdivision 1. [ELIGIBILITY.] A district that offersan28.17extended daya school-age care program according to section 28.18 124D.19, subdivision 11, is eligible forextended dayschool-age 28.19 care revenue for the additional costs of providing services to 28.20 children with disabilities or to children experiencing family or 28.21 related problems of a temporary nature who participate in 28.22 theextended dayschool-age care program. 28.23 Subd. 2. [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] The 28.24extended dayschool-age care revenue for an eligible district 28.25 equals the approved additional cost of providing services to 28.26 children with disabilities or children experiencing family or 28.27 related problems of a temporary nature who participate in 28.28 theextended dayschool-age care program. 28.29 Subd. 3. [EXTENDED DAYSCHOOL-AGE CARE LEVY.] To obtain 28.30extended dayschool-age care revenue, a school district may levy 28.31 an amount equal to the district'sextended dayschool-age care 28.32 revenue as defined in subdivision 2 multiplied by the lesser of 28.33 one, or the ratio of the quotient derived by dividing the 28.34 adjusted net tax capacity of the district for the year before 28.35 the year the levy is certified by the resident pupil units in 28.36 the district for the school year to which the levy is 29.1 attributable, to $3,767. 29.2 Subd. 4. [EXTENDED DAYSCHOOL-AGE CARE AID.] A district's 29.3extended dayschool-age care aid is the difference between 29.4 itsextended dayschool-age care revenue and itsextended29.5dayschool-age care levy. If a district does not levy the 29.6 entire amount permitted,extended dayschool-age care aid must 29.7 be reduced in proportion to the actual amount levied. 29.8 Sec. 37. Minnesota Statutes 1998, section 124D.23, is 29.9 amended by adding a subdivision to read: 29.10 Subd. 2b. [INSURANCE.] The commissioner of children, 29.11 families, and learning may designate one collaborative to act as 29.12 a lead collaborative for purposes of obtaining liability 29.13 coverage for participating collaboratives. 29.14 Sec. 38. Minnesota Statutes 1998, section 256.01, 29.15 subdivision 4, is amended to read: 29.16 Subd. 4. [DUTIES AS STATE AGENCY.] The state agency shall: 29.17 (1) supervise the administration of assistance to dependent 29.18 children under Laws 1937, chapter 438, by the county agencies in 29.19 an integrated program with other service for dependent children 29.20 maintained under the direction of the state agency; 29.21 (2) may subpoena witnesses and administer oaths, make 29.22 rules, and take such action as may be necessary, or desirable 29.23 for carrying out the provisions of Laws 1937, chapter 438. All 29.24 rules made by the state agency shall be binding on the counties 29.25 and shall be complied with by the respective county agencies; 29.26 (3) establish adequate standards for personnel employed by 29.27 the counties and the state agency in the administration of Laws 29.28 1937, chapter 438, and make the necessary rules to maintain such 29.29 standards; 29.30 (4) prescribe the form of and print and supply to the 29.31 county agencies blanks for applications, reports, affidavits, 29.32 and such other forms as it may deem necessary and advisable; 29.33 (5) cooperate with the federal government and its public 29.34 welfare agencies in any reasonable manner as may be necessary to 29.35 qualify for federal aid for aid to dependent children and in 29.36 conformity with the provisions of Laws 1937, chapter 438, 30.1 including the making of such reports and such forms and 30.2 containing such information as the Federal Social Security Board 30.3 may from time to time require, and comply with such provisions 30.4 as such board may from time to time find necessary to assure the 30.5 correctness and verification of such reports; 30.6 (6) may cooperate with other state agencies in establishing 30.7 reciprocal agreements in instances where a child receiving aid 30.8 to dependent children moves or contemplates moving into or out 30.9 of the state, in order that such child may continue to receive 30.10 supervised aid from the state moved from until the child shall 30.11 have resided for one year in the state moved to; 30.12 (7) on or before October 1 in each even-numbered year make 30.13 a biennial report to the governor concerning the activities of 30.14 the agency;and30.15 (8) enter into agreements with other departments of the 30.16 state as necessary to meet all requirements of the federal 30.17 government; and 30.18 (9) cooperate with the commissioner of children, families, 30.19 and learning to enforce the requirements for program integrity 30.20 and fraud prevention for investigation for child care assistance 30.21 under chapter 119B. 30.22 Sec. 39. Minnesota Statutes 1998, section 256.045, is 30.23 amended by adding a subdivision to read: 30.24 Subd. 3c. [FINAL ORDER IN HEARING UNDER SECTION 30.25 119B.16.] The state human services referee shall recommend an 30.26 order to the commissioner of children, families, and learning in 30.27 an appeal under section 119B.16. The commissioner shall affirm, 30.28 reverse, or modify the order. An order issued under this 30.29 subdivision is conclusive on the parties unless an appeal is 30.30 taken under subdivision 7. 30.31 Sec. 40. Minnesota Statutes 1998, section 256.045, 30.32 subdivision 6, is amended to read: 30.33 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; 30.34 SUBPOENAS.] (a) The commissioner of human services, or the 30.35 commissioner of health for matters within the commissioner's 30.36 jurisdiction under subdivision 3b, or the commissioner of 31.1 children, families, and learning for matters within the 31.2 commissioner's jurisdiction under subdivision 3c, may initiate a 31.3 review of any action or decision of a county agency and direct 31.4 that the matter be presented to a state human services referee 31.5 for a hearing held under subdivision 3, 3a, 3b, 3c, or 4a. In 31.6 all matters dealing with human services committed by law to the 31.7 discretion of the county agency, the commissioner's judgment may 31.8 be substituted for that of the county agency. The commissioner 31.9 may order an independent examination when appropriate. 31.10 (b) Any party to a hearing held pursuant to subdivision 3, 31.11 3a, 3b, 3c, or 4a may request that the commissioner issue a 31.12 subpoena to compel the attendance of witnesses and the 31.13 production of records at the hearing. A local agency may 31.14 request that the commissioner issue a subpoena to compel the 31.15 release of information from third parties prior to a request for 31.16 a hearing under section 256.046 upon a showing of relevance to 31.17 such a proceeding. The issuance, service, and enforcement of 31.18 subpoenas under this subdivision is governed by section 357.22 31.19 and the Minnesota Rules of Civil Procedure. 31.20 (c) The commissioner may issue a temporary order staying a 31.21 proposed demission by a residential facility licensed under 31.22 chapter 245A while an appeal by a recipient under subdivision 3 31.23 is pending or for the period of time necessary for the county 31.24 agency to implement the commissioner's order. 31.25 Sec. 41. Minnesota Statutes 1998, section 256.045, 31.26 subdivision 7, is amended to read: 31.27 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health 31.28 plan, any party who is aggrieved by an order of the commissioner 31.29 of human services, or the commissioner of health in appeals 31.30 within the commissioner's jurisdiction under subdivision 3b, or 31.31 the commissioner of children, families, and learning for matters 31.32 within the commissioner's jurisdiction under subdivision 3c, may 31.33 appeal the order to the district court of the county responsible 31.34 for furnishing assistance, or, in appeals under subdivision 3b, 31.35 the county where the maltreatment occurred, by serving a written 31.36 copy of a notice of appeal upon the commissioner and any adverse 32.1 party of record within 30 days after the date the commissioner 32.2 issued the order, the amended order, or order affirming the 32.3 original order, and by filing the original notice and proof of 32.4 service with the court administrator of the district court. 32.5 Service may be made personally or by mail; service by mail is 32.6 complete upon mailing; no filing fee shall be required by the 32.7 court administrator in appeals taken pursuant to this 32.8 subdivision, with the exception of appeals taken under 32.9 subdivision 3b. The commissioner may elect to become a party to 32.10 the proceedings in the district court. Except for appeals under 32.11 subdivision 3b, any party may demand that the commissioner 32.12 furnish all parties to the proceedings with a copy of the 32.13 decision, and a transcript of any testimony, evidence, or other 32.14 supporting papers from the hearing held before the human 32.15 services referee, by serving a written demand upon the 32.16 commissioner within 30 days after service of the notice of 32.17 appeal. Any party aggrieved by the failure of an adverse party 32.18 to obey an order issued by the commissioner under subdivision 5 32.19 may compel performance according to the order in the manner 32.20 prescribed in sections 586.01 to 586.12. 32.21 Sec. 42. Minnesota Statutes 1998, section 256.98, 32.22 subdivision 1, is amended to read: 32.23 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person 32.24 who commits any of the following acts or omissions with intent 32.25 to defeat the purposes of sections 145.891 to 145.897, 256.12, 32.26 256.031 to 256.361, 256.72 to 256.871, 256.9365, 256.94 to 32.27 256.966,child care, MFIP-SMFIP, chapter 256B, 256D, 256J, 32.28 256K,or256L, child care assistance programs, or all of these 32.29 sections, is guilty of theft and shall be sentenced under 32.30 section 609.52, subdivision 3, clauses (1) to (5): 32.31 (1) obtains or attempts to obtain, or aids or abets any 32.32 person to obtain by means of a willfully false statement or 32.33 representation, by intentional concealment of any material fact, 32.34 or by impersonation or other fraudulent device, assistance or 32.35 the continued receipt of assistance, to include child 32.36 care assistance or vouchers produced according to sections 33.1 145.891 to 145.897 and MinnesotaCare services according to 33.2 sections 256.9365, 256.94, and 256L.01 to 256L.16, to which the 33.3 person is not entitled or assistance greater than that to which 33.4 the person is entitled; 33.5 (2) knowingly aids or abets in buying or in any way 33.6 disposing of the property of a recipient or applicant of 33.7 assistance without the consent of the county agency; or 33.8 (3) obtains or attempts to obtain, alone or in collusion 33.9 with others, the receipt of payments to which the individual is 33.10 not entitled as a provider of subsidized child care, or by 33.11 furnishing or concurring in a willfully false claim for child 33.12 care assistance. 33.13 The continued receipt of assistance to which the person is 33.14 not entitled or greater than that to which the person is 33.15 entitled as a result of any of the acts, failure to act, or 33.16 concealment described in this subdivision shall be deemed to be 33.17 continuing offenses from the date that the first act or failure 33.18 to act occurred. 33.19 Sec. 43. Minnesota Statutes 1998, section 256.98, 33.20 subdivision 7, is amended to read: 33.21 Subd. 7. [DIVISION OF RECOVERED AMOUNTS.] Except for 33.22 recoveries under chapter 119B, if the state is responsible for 33.23 the recovery, the amounts recovered shall be paid to the 33.24 appropriate units of government as provided under section 33.25 256.863. If the recovery is directly attributable to a county, 33.26 the county may retain one-half of the nonfederal share of any 33.27 recovery from a recipient or the recipient's estate. 33.28 This subdivision does not apply to recoveries from medical 33.29 providers or to recoveries involving the department of human 33.30 services, surveillance and utilization review division, state 33.31 hospital collections unit, and the benefit recoveries division. 33.32 Sec. 44. Minnesota Statutes 1998, section 256.98, 33.33 subdivision 8, is amended to read: 33.34 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found 33.35 to be guilty of wrongfully obtaining assistance by a federal or 33.36 state court or by an administrative hearing determination, or 34.1 waiver thereof, through a disqualification consent agreement, or 34.2 as part of any approved diversion plan under section 401.065, or 34.3 any court-ordered stay which carries with it any probationary or 34.4 other conditions, in the aid to families with dependent children 34.5 program, the Minnesota family assistance program-statewide, the 34.6 food stamp program, the Minnesota family investment plan,child34.7care program,the general assistance or family general 34.8 assistance program, or the Minnesota supplemental aid program 34.9 shall be disqualified from that program. The needs of that 34.10 individual shall not be taken into consideration in determining 34.11 the grant level for that assistance unit: 34.12 (1) for one year after the first offense; 34.13 (2) for two years after the second offense; and 34.14 (3) permanently after the third or subsequent offense. 34.15 The period of program disqualification shall begin on the 34.16 date stipulated on the advance notice of disqualification 34.17 without possibility of postponement for administrative stay or 34.18 administrative hearing and shall continue through completion 34.19 unless and until the findings upon which the sanctions were 34.20 imposed are reversed by a court of competent jurisdiction. The 34.21 period for which sanctions are imposed is not subject to 34.22 review. The sanctions provided under this subdivision are in 34.23 addition to, and not in substitution for, any other sanctions 34.24 that may be provided for by law for the offense involved. A 34.25 disqualification established through hearing or waiver shall 34.26 result in the disqualification period beginning immediately 34.27 unless the person has become otherwise ineligible for 34.28 assistance. If the person is ineligible for assistance, the 34.29 disqualification period begins when the person again meets the 34.30 eligibility criteria of the program from which they were 34.31 disqualified and makes application for that program. 34.32 Sec. 45. Minnesota Statutes 1998, section 256.983, 34.33 subdivision 3, is amended to read: 34.34 Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner 34.35 shall establish training programs which shall be attended by all 34.36 investigative and supervisory staff of the involved county 35.1 agencies. The commissioner shall also develop the necessary 35.2 operational guidelines, forms, and reporting mechanisms, which 35.3 shall be used by the involved county agencies. An individual's 35.4 application or redetermination formshallfor public assistance 35.5 benefits, including child care assistance programs and medical 35.6 care programs, must include an authorization for release by the 35.7 individual to obtain documentation for any information on that 35.8 form which is involved in a fraud prevention investigation. The 35.9 authorization for releasewould beis effectiveuntilfor six 35.10 months after public assistance benefits have ceased. 35.11 Sec. 46. Minnesota Statutes 1998, section 256.983, 35.12 subdivision 4, is amended to read: 35.13 Subd. 4. [FUNDING.] (a) County agency reimbursement shall 35.14 be made through the settlement provisions applicable to theaid35.15to families with dependent children program,food stamp program, 35.16Minnesota family investment program-statewide, andMFIP, child 35.17 care assistance programs, the medical assistance program, and 35.18 other federal and state-funded programs. 35.19 (b) The commissioner will maintain program compliance if 35.20 for any three consecutive month period, a county agency fails to 35.21 comply with fraud prevention investigation program guidelines, 35.22 or fails to meet the cost-effectiveness standards developed by 35.23 the commissioner. This result is contingent on the commissioner 35.24 providing written notice, including an offer of technical 35.25 assistance, within 30 days of the end of the third or subsequent 35.26 month of noncompliance. The county agency shall be required to 35.27 submit a corrective action plan to the commissioner within 30 35.28 days of receipt of a notice of noncompliance. Failure to submit 35.29 a corrective action plan or, continued deviation from standards 35.30 of more than ten percent after submission of a corrective action 35.31 plan, will result in denial of funding for each subsequent 35.32 month, or billing the county agency for fraud prevention 35.33 investigation (FPI) service provided by the commissioner, or 35.34 reallocation of program grant funds, or investigative resources, 35.35 or both, to other counties. The denial of funding shall apply 35.36 to the general settlement received by the county agency on a 36.1 quarterly basis and shall not reduce the grant amount applicable 36.2 to the FPI project. 36.3 Sec. 47. Minnesota Statutes 1998, section 466.01, 36.4 subdivision 1, is amended to read: 36.5 Subdivision 1. [MUNICIPALITY.] For the purposes of 36.6 sections 466.01 to 466.15, "municipality" means any city, 36.7 whether organized under home rule charter or otherwise, any 36.8 county, town, public authority, public corporation, nonprofit 36.9 firefighting corporation that has associated with it a relief 36.10 association as defined in section 424A.001, subdivision 4, 36.11 special district, school district, however organized, county 36.12 agricultural society organized pursuant to chapter 38, joint 36.13 powers board or organization created under section 471.59 or 36.14 other statute, public library, regional public library system, 36.15 multicounty multitype library system, the following local 36.16 collaboratives whose plans have been approved by the children's 36.17 cabinet: family servicescollaborativecollaboratives 36.18 established under section 124D.23, children's mental health 36.19 collaboratives established under sections 245.491 to 245.496, or 36.20 a collaborative established by the merger of a children's mental 36.21 health collaborative and a family services collaborative, other 36.22 political subdivision, or community action agency. 36.23 Sec. 48. Laws 1997, chapter 162, article 2, section 28, 36.24 subdivision 6, is amended to read: 36.25 Subd. 6. [PROGRAM COMPONENTS.] An adolescent parenting 36.26 program must include: 36.27 (1) a high quality educational program provided in the 36.28 least restrictive environment that includes strategies to ensure 36.29 access to educational services, including flexible attendance 36.30 policies and class scheduling, and grants academic credit for 36.31 all work completed; 36.32 (2) to the extent possible, collaboration with other 36.33 governmental agencies and community-based organizations to 36.34 provide on-site support services, including child care; 36.35 (3) an individualized learning plan for each eligible 36.36 student that includes career goals; 37.1 (4) assurance of compliance with requirements of Public Law 37.2 Number 92-318, title IX, prohibiting discrimination against 37.3 students due to their pregnant or parenting status; 37.4 (5) courses in parent education and life skills; 37.5 (6) accountability measures for student performance linked 37.6 to graduation standards; 37.7 (7) professional development opportunities on adolescent 37.8 pregnancy and parenting issues and strategies to achieve 37.9 academic success with this student population; 37.10 (8) a system to document that adolescent parenting and 37.11 prevention support funds were used to provide support services 37.12 to eligible students; 37.13 (9) a comprehensive assessment of the district's adolescent 37.14 pregnancy prevention programs and recommendations for 37.15 improvements; 37.16 (10) a system for collecting and reporting specific student 37.17 data, including goals and outcome measurements;and37.18 (11) a program advisory council, which may consist of an 37.19 existing local council; and 37.20 (12) transportation options for parents and their children, 37.21 including allowing transportation on district buses along 37.22 existing routes. 37.23 Sec. 49. [STATE MONEY TO BE USED AS MATCH FOR 37.24 WELFARE-TO-WORK GRANT MONEY.] 37.25 Subdivision 1. [STATE EXPENDITURES.] The commissioner of 37.26 finance, in cooperation with the commissioners of children, 37.27 families, and learning and human services, shall use up to 37.28 $5,000,000 of state expenditures on child care assistance to 37.29 families who are enrolled in Welfare-to-Work programs or 37.30 expenditures on employment and training grants to provide a 37.31 state match to obtain federal Welfare-to-Work grant money. 37.32 Subd. 2. [WELFARE-TO-WORK GRANT EXPENDITURES.] The federal 37.33 fiscal year 1998 and federal fiscal year 1999 Welfare-to-Work 37.34 grant for Minnesota that is set aside under federal law for 37.35 state discretionary expenditures shall be used to provide child 37.36 care assistance under Minnesota Statutes, chapter 119B, or for 38.1 adult education programs under Minnesota Statutes, chapter 124D, 38.2 for families who meet Welfare-to-Work eligibility requirements. 38.3 The department of economic security and the department of 38.4 children, families, and learning may use up to a combined total 38.5 of five percent of the Welfare-to-Work grant money obtained with 38.6 the match under subdivision 1 for administrative expenditures. 38.7 Subd. 3. [TRANSFER.] The commissioner of economic 38.8 security, pursuant to an interagency agreement, shall transfer 38.9 $1,350,000 of the federal Welfare-to-Work grant to the 38.10 commissioner of children, families, and learning to be used for 38.11 grants to counties to provide child care assistance under 38.12 Minnesota Statutes, chapter 119B, or for adult education 38.13 programs under Minnesota Statutes, chapter 124D, for persons 38.14 involved in a work activity or having an individual 38.15 self-sufficiency plan. The commissioner of children, families, 38.16 and learning shall issue a request for proposals for this 38.17 purpose. These grants shall not be used to supplant existing 38.18 local, state, or federal funds and must be used in conjunction 38.19 with Welfare-to-Work activities. 38.20 Subd. 4. [ALLOCATION.] The commissioner of finance, in 38.21 conjunction with the commissioner of children, families, and 38.22 learning, shall allocate federal and state child care assistance 38.23 money in the state child care fund to ensure that state child 38.24 care assistance expenditures used for the Welfare-to-Work match 38.25 exceeds the amount of state expenditures necessary to meet the 38.26 TANF maintenance of effort requirement. 38.27 Sec. 50. [CHILDHOOD LEARNING MATERIALS; CONTRIBUTIONS.] 38.28 The commissioner of children, families, and learning shall 38.29 initiate contacts with businesses and other organizations to 38.30 encourage them to donate materials designed to help families 38.31 interact with their children during the first four years of life 38.32 in ways that will help develop the skills and abilities 38.33 necessary to succeed in reading and in school. The goal of this 38.34 cooperative effort shall be to provide learning materials for 38.35 children under age five through an alliance of business, 38.36 nonprofit organizations, and government. The commissioner shall 39.1 provide testimony on the status of this project by February 1, 39.2 2000, to the house and senate committees with jurisdiction over 39.3 family and early childhood education. 39.4 Sec. 51. [PLAN FOR INTEGRATION OF PROGRAMS AND SERVICES.] 39.5 The commissioner of children, families, and learning shall 39.6 develop a plan for integrating child care and early childhood 39.7 education programs and services. The plan must focus on 39.8 cost-efficient delivery of services and address central location 39.9 of programs, integration of programs, ease of accessibility to 39.10 services by families, nontraditional hours of child care, infant 39.11 care, sick child care, special needs child care, and legislative 39.12 simplification of programs. The commissioner shall consult with 39.13 representatives from a variety of for-profit, nonprofit, and 39.14 publicly funded child care and early childhood education 39.15 programs and services in developing the plan. The plan must 39.16 contain budget recommendations, proposed legislation in draft 39.17 form, and recommendations for financial incentives to reward 39.18 programs that provide cooperative services. The commissioner 39.19 must report on the plan by January 15, 2000, to the senate and 39.20 house committees having jurisdiction over child care and early 39.21 childhood education programs. 39.22 Sec. 52. [CONSOLIDATION PLAN.] 39.23 The commissioner of children, families, and learning shall 39.24 identify potential obstacles to the consolidation of MFIP, 39.25 transition year, and basic sliding fee child care programs into 39.26 one child care assistance program and shall study ways to 39.27 achieve this consolidation during the 2002-2003 biennium. The 39.28 commissioner shall testify before relevant house and senate 39.29 committees on this matter during the year 2000 session. 39.30 Sec. 53. [TRANSFER OF PROGRAMS.] 39.31 The powers and duties of the department of children, 39.32 families, and learning with respect to drug policy and violence 39.33 prevention under Minnesota Statutes 1998, sections 119A.25, 39.34 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33, 39.35 and 119A.34, are transferred to the department of public safety 39.36 under Minnesota Statutes, section 15.039. 40.1 Sec. 54. [REVISOR INSTRUCTIONS.] 40.2 The revisor of statutes shall delete "AFDC" and insert 40.3 "MFIP" in the headnote of Minnesota Statutes, section 119B.05. 40.4 The revisor of statutes shall change the term "learning 40.5 readiness" to "school readiness" wherever it appears in 40.6 Minnesota Statutes and Minnesota Rules in connection with the 40.7 learning readiness programs regulated under Minnesota Statutes, 40.8 chapter 124D. 40.9 Sec. 55. [APPROPRIATIONS.] 40.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 40.11 LEARNING.] The sums indicated in this section are appropriated 40.12 from the general fund to the department of children, families, 40.13 and learning for the fiscal years designated. 40.14 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 40.15 for school readiness programs according to Minnesota Statutes, 40.16 sections 124D.15 and 124D.16: 40.17 $10,395,000 ..... 2000 40.18 $10,395,000 ..... 2001 40.19 The 2000 appropriation includes $1,040,000 for 1999 and 40.20 $9,355,000 for 2000. 40.21 The 2001 appropriation includes $1,040,000 for 2000 and 40.22 $9,355,000 for 2001. 40.23 Any balance in the first year does not cancel but is 40.24 available in the second year. 40.25 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 40.26 childhood family education aid according to Minnesota Statutes, 40.27 section 124D.135: 40.28 $17,991,000 ..... 2000 40.29 $19,239,000 ..... 2001 40.30 The 2000 appropriation includes $1,390,000 for 1999 and 40.31 $16,601,000 for 2000. 40.32 The 2001 appropriation includes $1,844,000 for 2000 and 40.33 $17,395,000 for 2001. 40.34 Any balance in the first year does not cancel but is 40.35 available in the second year. 40.36 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 41.1 health and developmental screening aid according to Minnesota 41.2 Statutes, sections 121A.17 and 121A.19: 41.3 $1,550,000 ..... 2000 41.4 $1,550,000 ..... 2001 41.5 The 2000 appropriation includes $155,000 for 1999 and 41.6 $1,395,000 for 2000. 41.7 The 2001 appropriation includes $155,000 for 2000 and 41.8 $1,395,000 for 2001. 41.9 Any balance in the first year does not cancel but is 41.10 available in the second year. 41.11 Subd. 5. [WAY TO GROW.] For grants for existing way to 41.12 grow programs according to Minnesota Statutes, section 124D.17: 41.13 $475,000 ..... 2000 41.14 $475,000 ..... 2001 41.15 Any balance in the first year does not cancel but is 41.16 available in the second year. 41.17 Subd. 6. [HEAD START PROGRAMS.] For Head Start programs 41.18 according to Minnesota Statutes, section 119A.52: 41.19 $18,375,000 ..... 2000 41.20 $18,375,000 ..... 2001 41.21 $1,000,000 each year must be used for grants to local Head 41.22 Start agencies for full-year programming for children ages 0 to 41.23 3. The programs may provide services for pregnant women. 41.24 Programs must comply with applicable federal Head Start 41.25 performance standards. Grantees may use state grant funds to 41.26 provide services in addition to those allowed under federal Head 41.27 Start regulations. In awarding grants, the commissioner must 41.28 give priority to continue existing programs. Any additional 41.29 money must be distributed to local Head Start agencies to expand 41.30 full-year programming for children ages 0 to 3. 41.31 Any balance in the first year does not cancel but is 41.32 available in the second year. 41.33 Subd. 7. [SCHOOL-AGE CARE AID.] For school-age care aid 41.34 according to Minnesota Statutes, section 124D.22: 41.35 $274,000 ..... 2000 41.36 $216,000 ..... 2001 42.1 The 2000 appropriation includes $30,000 for 1999 and 42.2 $244,000 for 2000. 42.3 The 2001 appropriation includes $27,000 for 2000 and 42.4 $189,000 for 2001. 42.5 Any balance in the first year does not cancel but is 42.6 available in the second year. 42.7 Subd. 8. [BASIC SLIDING FEE CHILD CARE.] For child care 42.8 assistance according to Minnesota Statutes, section 119B.03: 42.9 $20,751,000 ..... 2000 42.10 $20,751,000 ..... 2001 42.11 Any balance in the first year does not cancel but is 42.12 available the second year. 42.13 Subd. 9. [MFIP CHILD CARE.] For child care assistance 42.14 according to Minnesota Statutes, section 119B.05: 42.15 $87,688,000 ..... 2000 42.16 $90,069,000 ..... 2001 42.17 Any balance in the first year does not cancel but is 42.18 available in the second year. Funds appropriated but not 42.19 expended in the biennium beginning July 1, 1999, do not cancel 42.20 and must be deposited in the child care reserve account under 42.21 Minnesota Statutes, section 119B.075. 42.22 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 42.23 services development grants according to Minnesota Statutes, 42.24 section 119B.21: 42.25 $1,865,000 ..... 2000 42.26 $1,865,000 ..... 2001 42.27 Any balance in the first year does not cancel but is 42.28 available in the second year. 42.29 Sec. 56. [FEDERAL TANF TRANSFERS.] 42.30 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, and 42.31 LEARNING.] The sums indicated in this section are transferred 42.32 from the state's federal TANF block grant to the child care and 42.33 development fund and appropriated to the commissioner of 42.34 children, families, and learning for the fiscal years 42.35 designated, except that $15,000,000 shall also be transferred in 42.36 fiscal years 2002 and 2003. The commissioner shall ensure that 43.1 all transferred funds are expended in accordance with the child 43.2 care and development fund regulations and that the maximum 43.3 allowable transferred funds are used for the programs in this 43.4 section. 43.5 If money is appropriated for the same purposes of this 43.6 section in another act in the 1999 session, or any 1999 special 43.7 session, then the appropriation in that act must be reduced by 43.8 the amount of money appropriated in this section. 43.9 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 43.10 assistance according to Minnesota Statutes, section 119B.03: 43.11 $44,425,000 ..... 2000 43.12 $44,555,000 ..... 2001 43.13 Subd. 3. [CHILD CARE DEVELOPMENT.] For child care services 43.14 development grants according to Minnesota Statutes, section 43.15 119B.21: 43.16 $1,275,000 ..... 2000 43.17 $ 570,000 ..... 2001 43.18 This appropriation must be used for technical assistance 43.19 grants to assist child care providers with enhanced 43.20 registrations in obtaining their license. 43.21 Sec. 57. [REPEALER.] 43.22 Minnesota Statutes 1998, sections 119B.01, subdivision 12a; 43.23 119B.03, subdivision 7; 119B.05, subdivision 6; 119B.17; and 43.24 124D.14, are repealed. 43.25 ARTICLE 2 43.26 COMMUNITY AND SYSTEMS CHANGE 43.27 Section 1. [APPROPRIATIONS.] 43.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 43.29 LEARNING.] The sums indicated in this section are appropriated 43.30 from the general fund to the department of children, families, 43.31 and learning for the fiscal years designated. 43.32 Subd. 2. [FAMILY SERVICES COLLABORATIVES.] For family 43.33 services collaboratives according to Laws 1995, First Special 43.34 Session chapter 3, article 4, section 29, subdivision 10: 43.35 $4,777,000 ..... 2000 43.36 $2,535,000 ..... 2001 44.1 No new family services collaboratives shall be funded with 44.2 this appropriation after June 30, 1999. 44.3 Any balance in the first year does not cancel but is 44.4 available in the second year. 44.5 Subd. 3. [COMMUNITY EDUCATION AID.] For community 44.6 education aid according to Minnesota Statutes, section 124D.20: 44.7 $14,136,000 ..... 2000 44.8 $14,696,000 ..... 2001 44.9 The 2000 appropriation includes $160,000 for 1999 and 44.10 $13,976,000 for 2000. 44.11 The 2001 appropriation includes $1,552,000 for 2000 and 44.12 $13,144,000 for 2001. 44.13 Any balance the first year does not cancel but is available 44.14 in the second year. 44.15 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 44.16 adults with disabilities programs according to Minnesota 44.17 Statutes, section 124D.56: 44.18 $670,000 ..... 2000 44.19 $670,000 ..... 2001 44.20 Any balance in the first year does not cancel but is 44.21 available in the second year. 44.22 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 44.23 hearing-impaired adults according to Minnesota Statutes, section 44.24 124D.57: 44.25 $70,000 ..... 2000 44.26 $70,000 ..... 2001 44.27 Any balance in the first year does not cancel but is 44.28 available in the second year. 44.29 ARTICLE 3 44.30 PREVENTION AND INTERVENTION 44.31 Section 1. [PREVENTION GRANTS FOR AMERICAN INDIAN YOUTH.] 44.32 To address the prevalence and severity of problems 44.33 associated with the use and abuse of tobacco, alcohol, and other 44.34 drugs, violence, and the consequences of unsafe sexual practices 44.35 among American Indian youth, and to ensure the well-being of 44.36 American Indian families and urban American Indian communities, 45.1 the commissioner of children, families, and learning shall make 45.2 grants to nonprofit organizations to fund culturally appropriate 45.3 prevention programs. The commissioner shall develop a process, 45.4 forms, and criteria for making grants under this section. The 45.5 commissioner shall consult with the Indian Youth Consortium on 45.6 the distribution of funds distributed through these grants. 45.7 Sec. 2. [APPROPRIATIONS.] 45.8 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 45.9 LEARNING.] The sums indicated in this section are appropriated 45.10 from the general fund, unless otherwise indicated, to the 45.11 department of children, families, and learning for the fiscal 45.12 years designated. 45.13 Subd. 2. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 45.14 violence prevention education grants according to Minnesota 45.15 Statutes, section 120B.23: 45.16 $1,450,000 ..... 2000 45.17 $1,450,000 ..... 2001 45.18 Any balance in the first year does not cancel but is 45.19 available in the second year. 45.20 Subd. 3. [ABUSED CHILDREN.] For abused children programs 45.21 according to Minnesota Statutes, section 119A.21: 45.22 $945,000 ..... 2000 45.23 $945,000 ..... 2001 45.24 Any balance in the first year does not cancel but is 45.25 available in the second year. 45.26 Subd. 4. [CHILDREN'S TRUST FUND.] For children's trust 45.27 fund according to Minnesota Statutes, sections 119A.12 and 45.28 119A.13: 45.29 $225,000 ..... 2000 45.30 $225,000 ..... 2001 45.31 Any balance in the first year does not cancel but is 45.32 available in the second year. 45.33 Subd. 5. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 45.34 school enrichment grants according to Laws 1996, chapter 412, 45.35 article 4, section 30: 45.36 $6,679,000 ..... 2000 46.1 $6,679,000 ..... 2001 46.2 Of this amount, $200,000 each year is for programs that 46.3 make state armories available to communities for youth 46.4 recreational and enrichment activities. This amount must be 46.5 matched within one year with local funds on a $1 to $1 match. 46.6 Of this amount, $50,000 in fiscal year 2000 is for 46.7 prevention grants for American Indian youth under section 1. 46.8 Any balance in the first year does not cancel but is available 46.9 in the second year. 46.10 Of this amount, $500,000 each year is for male 46.11 responsibility and fathering grants according to Minnesota 46.12 Statutes, section 124D.33, and $1,419,000 each year is for 46.13 adolescent parenting grants according to Laws 1997, chapter 162, 46.14 article 2, section 28. The commissioner shall award these 46.15 grants on a statewide basis. 46.16 Any balance in the first year does not cancel but is 46.17 available in the second year. 46.18 Subd. 6. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 46.19 funds received under Minnesota Statutes, section 171.29, 46.20 subdivision 2, paragraph (b), clause (4): 46.21 $200,000 ..... 2000 46.22 $200,000 ..... 2001 46.23 (b) These appropriations are from the alcohol-impaired 46.24 driver account of the special revenue fund to the department of 46.25 children, families, and learning for chemical abuse prevention 46.26 grants. 46.27 (c) Up to $200,000 each year may be used for chemical abuse 46.28 prevention grants to provide a match for at least two community 46.29 collaborative projects for children and youth developed by a 46.30 regional organization established under Minnesota Statutes. 46.31 The regional organization must include a broad 46.32 cross-section of public and private sector community 46.33 representatives to address specific community needs of children 46.34 and youth. A regional organization that receives a grant must 46.35 provide a two-to-one match of nonstate dollars. 46.36 Subd. 7. [FAMILY VISITATION CENTERS.] For family 47.1 visitation center grants according to Minnesota Statutes, 47.2 section 119A.37: 47.3 $200,000 ..... 2000 47.4 $200,000 ..... 2001 47.5 Any balance in the first year does not cancel but is 47.6 available in the second year. 47.7 In addition to the amounts appropriated from the general 47.8 fund for family visitation center grants each fiscal year, 47.9 $96,000 in fiscal year 2000 and $96,000 in fiscal year 2001 is 47.10 appropriated from the special revenue fund under Minnesota 47.11 Statutes, section 517.08, subdivision 1c, for family visitation 47.12 centers. Any balance in the first year does not cancel but is 47.13 available for the second year. 47.14 ARTICLE 4 47.15 SELF-SUFFICIENCY AND LIFELONG LEARNING 47.16 Section 1. Minnesota Statutes 1998, section 16B.405, 47.17 subdivision 2, is amended to read: 47.18 Subd. 2. [SOFTWARE SALE FUND.] (a) Except as provided in 47.19paragraph (b)paragraphs (b) and (c), proceeds of the sale or 47.20 licensing of software products or services by the commissioner 47.21 must be credited to the intertechnologies revolving fund. If a 47.22 state agency other than the department of administration has 47.23 contributed to the development of software sold or licensed 47.24 under this section, the commissioner may reimburse the agency by 47.25 discounting computer services provided to that agency. 47.26 (b) Proceeds of the sale or licensing of software products 47.27 or services developed by the pollution control agency, or custom 47.28 developed by a vendor for the agency, must be credited to the 47.29 environmental fund. 47.30 (c) Proceeds of the sale or licensing of software products 47.31 or services developed by the department of children, families, 47.32 and learning, or custom developed by a vendor for the agency, to 47.33 support the achieved savings assessment program, must be 47.34 credited to the weatherization program to support weatherization 47.35 activities. 47.36 Sec. 2. Minnesota Statutes 1998, section 124D.53, 48.1 subdivision 3, is amended to read: 48.2 Subd. 3. [AID.] Adult basic education aid for each 48.3 approved program equals65 percent of the general education48.4formula allowance$2,295 for fiscal year 2000 and $2,338 for 48.5 fiscal year 2001 and later fiscal years times the number of 48.6 full-time equivalent students in its adult basic education 48.7 program. 48.8 Sec. 3. Minnesota Statutes 1998, section 124D.54, 48.9 subdivision 1, is amended to read: 48.10 Subdivision 1. [AID ELIGIBILITY.]For fiscal years 199848.11and later,Adult high school graduation aid for eligible pupils 48.12 age 21 or over,equals65 percent of the general education48.13formula allowance$2,295 for fiscal year 2000 and $2,338 for 48.14 fiscal year 2001 and later fiscal years times 1.30 times the 48.15 average daily membership under section 126C.05, subdivision 12. 48.16 Adult high school graduation aid must be paid in addition to any 48.17 other aid to the district. Pupils age 21 or over may not be 48.18 counted by the district for any purpose other than adult high 48.19 school graduation aid. 48.20 Sec. 4. [APPROPRIATIONS.] 48.21 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 48.22 LEARNING.] The sums indicated in this section are appropriated 48.23 from the general fund to the department of children, families, 48.24 and learning for the fiscal years designated. 48.25 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 48.26 Minnesota economic opportunity grants: 48.27 $8,514,000 ..... 2000 48.28 $8,514,000 ..... 2001 48.29 Any balance in the first year does not cancel but is 48.30 available in the second year. 48.31 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 48.32 housing programs according to Minnesota Statutes, section 48.33 119A.43: 48.34 $3,142,000 ..... 2000 48.35 $3,142,000 ..... 2001 48.36 Of this amount, $50,000 each year is for transitional 49.1 housing services for homeless veterans and $50,000 each year is 49.2 for a grant to the Kids Capacity Initiative program in Hennepin 49.3 county. 49.4 Of this amount, $25,000 for the biennium is for a grant to 49.5 Perspective, Inc. to provide transitional housing services. One 49.6 or more nonprofit organizations must provide an equal amount of 49.7 matching funds. 49.8 Any balance in the first year does not cancel but is 49.9 available in the second year. 49.10 Subd. 4. [FOOD SHELF PROGRAM.] For food shelf programs 49.11 according to Minnesota Statutes, section 119A.44: 49.12 $1,278,000 ..... 2000 49.13 $1,278,000 ..... 2001 49.14 Any balance in the first year does not cancel but is 49.15 available in the second year. 49.16 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 49.17 education aid according to Minnesota Statutes, section 124D.52, 49.18 in fiscal year 2000 and Minnesota Statutes, section 124D.53, in 49.19 fiscal year 2001: 49.20 $19,104,000 ..... 2000 49.21 $22,544,000 ..... 2001 49.22 The 2000 appropriation includes $1,227,000 for 1999 and 49.23 $17,877,000 for 2000. 49.24 The 2001 appropriation includes $1,986,000 for 2000 and 49.25 $20,558,000 for 2001. 49.26 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 49.27 according to Minnesota Statutes, section 124D.54: 49.28 $4,264,000 ..... 2000 49.29 $4,852,000 ..... 2001 49.30 The 2000 appropriation includes $258,000 for 1999 and 49.31 $4,006,000 for 2000. 49.32 The 2001 appropriation includes $445,000 for 2000 and 49.33 $4,407,000 for 2001. 49.34 Subd. 7. [GED TESTS.] For payment of 60 percent of the 49.35 costs of GED tests according to Laws 1993, chapter 224, article 49.36 4, section 44, subdivision 10: 50.1 $125,000 ..... 2000 50.2 $125,000 ..... 2001 50.3 Any balance in the first year does not cancel but is 50.4 available in the second year. 50.5 Subd. 8. [EMERGENCY SERVICES.] For emergency services 50.6 grants according to Laws 1997, chapter 162, article 3, section 7: 50.7 $1,500,000 ..... 2000 50.8 $1,500,000 ..... 2001 50.9 Any balance in the first year does not cancel but is 50.10 available in the second year. 50.11 Subd. 9. [LEAD HAZARD REDUCTION PROJECT.] For a grant to a 50.12 nonprofit organization currently operating the CLEARCorps lead 50.13 hazard reduction project: 50.14 $375,000 ..... 2000 50.15 $375,000 ..... 2001 50.16 Any balance the first year does not cancel but may be 50.17 carried forward to the second year. This appropriation shall be 50.18 part of the base for the 2002-2003 biennium. 50.19 Subd. 10. [FAMILY ASSETS PROGRAM.] For a grant to the 50.20 Ramsey Action Program to provide matching grants to fiduciary 50.21 organizations for the family assets program under Laws 1998, 50.22 First Special Session chapter 1, article 1, sections 6 to 12: 50.23 $250,000 ..... 2000 50.24 $250,000 ..... 2001 50.25 Any balance in the first year does not cancel but is 50.26 available in the second year. 50.27 ARTICLE 5 50.28 RESOURCE AND REFERRAL PROGRAMS 50.29 Section 1. Minnesota Statutes 1998, section 119B.01, 50.30 subdivision 1, is amended to read: 50.31 Subdivision 1. [SCOPE.] For the purposes ofsections50.32119B.01 to 119B.19this chapter, the following terms have the 50.33 meanings given. 50.34 Sec. 2. Minnesota Statutes 1998, section 119B.01, is 50.35 amended by adding a subdivision to read: 50.36 Subd. 18. [NONLICENSED CHILD CARE PROVIDER.] "Nonlicensed 51.1 child care provider" means a child care provider who is excluded 51.2 from licensing requirements under section 245A.03, subdivision 2. 51.3 Sec. 3. Minnesota Statutes 1998, section 119B.19, 51.4 subdivision 1, is amended to read: 51.5 Subdivision 1. [AUTHORITYDISTRIBUTION OF FUNDS FOR 51.6 OPERATION OF CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The 51.7 commissioner of children, families, and learningmay make grants51.8 shall distribute funds to public or private nonprofit 51.9agenciesorganizations for the planning, establishment, 51.10 expansion, improvement, or operation of child care resource and 51.11 referral programsand child care services according to the51.12provisions ofunder this sectionand may make grants to county51.13boards to carry out the purposes of sections 119B.19 to51.14119B.21. The commissioner must adopt rules for programs under 51.15 this section and sections 119B.20 and 119B.21. The commissioner 51.16 must develop a process to fund organizations to operate child 51.17 care resource and referral programs that includes application 51.18 forms, timelines, and standards for renewal. 51.19 Sec. 4. Minnesota Statutes 1998, section 119B.19, is 51.20 amended by adding a subdivision to read: 51.21 Subd. 1a. [DESIGNATION OF ORGANIZATIONS.] The commissioner 51.22 shall designate an organization to administer a child care 51.23 resource and referral program to serve a region. 51.24 Sec. 5. Minnesota Statutes 1998, section 119B.19, is 51.25 amended by adding a subdivision to read: 51.26 Subd. 6. [BASIS FOR DISTRIBUTING FUNDS.] (a) The 51.27 commissioner shall distribute funds for the administration of 51.28 child care resource and referral programs based on the following 51.29 factors for each region: 51.30 (1) the region served by the program; 51.31 (2) the number of children under the age of 13 years 51.32 needing child care; 51.33 (3) the ratio of children under the age of 13 years needing 51.34 child care to the number of licensed spaces; 51.35 (4) the number of licensed child care providers and 51.36 school-age care programs; and 52.1 (5) other related factors determined by the commissioner. 52.2 (b) The commissioner may provide ongoing funding to a 52.3 designated organization for a child care resource and referral 52.4 program that continues to meet state standards. 52.5 Sec. 6. Minnesota Statutes 1998, section 119B.19, is 52.6 amended by adding a subdivision to read: 52.7 Subd. 7. [CHILD CARE RESOURCE AND REFERRAL 52.8 PROGRAMS.] Within each region, a child care resource and 52.9 referral program must: 52.10 (1) maintain one database of all existing child care 52.11 resources and services and one database of family referrals; 52.12 (2) provide a child care referral service for families; 52.13 (3) develop resources to meet the child care service needs 52.14 of families; 52.15 (4) increase the capacity to provide culturally responsive 52.16 child care services; 52.17 (5) coordinate professional development opportunities for 52.18 child care and school-age care providers; 52.19 (6) administer and award child care services grants; 52.20 (7) administer and provide loans for child development 52.21 education and training; and 52.22 (8) cooperate with the Minnesota Child Care Resource and 52.23 Referral Network and its member programs to develop effective 52.24 child care services and child care resources. 52.25 Sec. 7. Minnesota Statutes 1998, section 119B.20, 52.26 subdivision 7, is amended to read: 52.27 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 52.28 improvement expenses" meansfunds for buildingthe cost of 52.29 improvements, equipment, appropriate technology and software, 52.30 toys, and supplies needed to establish, expand, or improve a 52.31 licensed child care facility or a child care program under the 52.32 jurisdiction of alocaldistrict school boardof education. 52.33 Sec. 8. Minnesota Statutes 1998, section 119B.20, 52.34 subdivision 8, is amended to read: 52.35 Subd. 8. [INTERIM FINANCING.] "Interim financing" means 52.36funds to carry out suchfunding for up to 18 months: 53.1 (1) for activitiesasthat are necessaryfor family day53.2care homes, group family day care homes, and child care centers53.3 to receive and maintain state child care licensing,; 53.4 (2) to expand an existing child care program or to improve 53.5 program quality,; and 53.6 (3) toprovide operating fundsoperate for a period of six 53.7 consecutive months after afamily day care home, group family53.8day care home, orchild carecenterfacility becomes licensed or 53.9 satisfies standards of the state board of education.Interim53.10financing may not exceed a period of 18 months.53.11 Sec. 9. Minnesota Statutes 1998, section 119B.20, 53.12 subdivision 12, is amended to read: 53.13 Subd. 12. [TRAINING PROGRAM.] "Training program" means 53.14 child development courses offered by an accredited 53.15 post-secondary institution or similar training approved by a 53.16 county board or thedepartment of children, families, and53.17learningcommissioner.To qualify as a training program under53.18this section, a course of study must teachA training program 53.19 must be a course of study that teaches specific skillsthatto 53.20 meet licensing requirements or requirements of the state board 53.21 of education. 53.22 Sec. 10. Minnesota Statutes 1998, section 119B.20, is 53.23 amended by adding a subdivision to read: 53.24 Subd. 13. [REGION.] "Region" means a region designated by 53.25 the governor under section 462.385. 53.26 Sec. 11. Minnesota Statutes 1998, section 119B.21, 53.27 subdivision 1, is amended to read: 53.28 Subdivision 1. [GRANTS ESTABLISHEDDISTRIBUTION OF GRANT 53.29 FUNDS.] (a) The commissioner shallaward grants to develop child53.30care services, including child care service development grants53.31for start-up and facility improvement expenses, interim53.32financing, staff training expenses, and grants for child care53.33resource and referral programs. Child care service development53.34grants may include family child care technical assistance awards53.35up to $1,000.distribute funds to the child care resource and 53.36 referral programs designated under section 119B.19, subdivision 54.1 1a, for child care services grants under subdivision 5 and 54.2 family child care technical assistance grants under subdivision 54.3 10. 54.4 (b) Up to ten percent of funds appropriated for grants 54.5 under this section may be used by the commissioner for statewide 54.6 child care development initiatives, training initiatives, 54.7 collaboration programs, and research and data collection. The 54.8 commissioner shall develop eligibility guidelines and agrant54.9application form, inform county social service agencies about54.10the availability of child care services grants, and set a date54.11by which applications must be received by the54.12commissionerprocess to distribute funds under this paragraph. 54.13 Child care resource and referral programs may apply for funding 54.14 under this paragraph. 54.15 Sec. 12. Minnesota Statutes 1998, section 119B.21, 54.16 subdivision 2, is amended to read: 54.17 Subd. 2. [DISTRIBUTION OFBASIS FOR DISTRIBUTING GRANT 54.18 FUNDS.] (a) At least 90 percent of funds appropriated for grants 54.19 under this section may be distributed by the commissionershall54.20allocate grant money appropriatedto child care resource and 54.21 referral programs under section 119B.19, subdivision 1a, for 54.22 child careservice development among the development regions54.23designated by the governor under section 462.385,54.24consideringservices grants and family child care technical 54.25 assistance grants based on the following factorsfor each54.26economic development region: 54.27 (1) the number of children under 13 years of age needing 54.28 child care in theservice arearegion; 54.29 (2) thegeographic arearegion served by theagency54.30 program; 54.31 (3) the ratio of children under 13 years of age needing 54.32 child care to the number of licensed spaces in theservice area54.33 region; 54.34 (4) the number of licensed child care providers and 54.35extended dayschool-agechildcare programs in theservice area54.36 region; and 55.1 (5) other related factors determined by the commissioner. 55.2 (b)Out of the amount allocated for each economic55.3development region, the commissioner shallChild care resource 55.4 and referral programs must award child care services grants and 55.5 child care technical assistance grants based on the 55.6 recommendation of the child care regionaladvisoryproposal 55.7 review committees under subdivision 3.In addition, the55.8commissioner shall award no more than 75 percent of the money55.9either to child care facilities for the purpose of facility55.10improvement or interim financing or to child care workers for55.11staff training expenses.55.12 (c)Any funds unobligated may be used by the commissioner55.13to award grants to proposals that received funding55.14recommendations by the regional advisory committees but were not55.15awarded due to insufficient funds.55.16(d)The commissioner mayallocate grantsdistribute funds 55.17 under this section for a two-year periodand may carry forward55.18funds from the first year as necessary. 55.19 Sec. 13. Minnesota Statutes 1998, section 119B.21, 55.20 subdivision 3, is amended to read: 55.21 Subd. 3. [CHILD CARE REGIONALADVISORYPROPOSAL REVIEW 55.22 COMMITTEES.] (a) Child care regionaladvisoryproposal review 55.23 committeesshallmust establish regional priorities and review 55.24and make recommendations to the commissioner onapplications for 55.25 family child care technical assistanceawardsgrants andservice55.26developmentchild care services grants under this section. The55.27commissionerand make funding recommendations to the child care 55.28 resource and referral program designated under section 119B.19, 55.29 subdivision 1a. Within each region, the committee must allocate 55.30 available funding between child care services grants and child 55.31 care technical assistance grants. The committee must also 55.32 allocate funding for child care services grants for facility 55.33 financing purposes and provider training purposes. The child 55.34 care regional advisory committees must complete their reviews 55.35 and forward their recommendations to the child care resource and 55.36 referral program by the date specified by the commissioner. 56.1 (b) A child care resource and referral program shall 56.2appointestablish a process to select members of the child care 56.3 regionaladvisory committees in each governor's economic56.4development regionproposal review committee.People appointed56.5under this subdivisionMembers must represent the following 56.6 constituent groups: family child care providers,groupchild 56.7 care center providers,parent usersschool-age care providers, 56.8 parents who use child care services, health services, social 56.9 services, public schools, Head Start, employers, and other 56.10 citizens with demonstrated interest in child care issues. 56.11 Members of the advisorytask forcecommittee with a direct 56.12 financial interest in a pending grant proposal may not provide a 56.13 recommendation or participate in the ranking of that grant 56.14 proposal. 56.15 (c) The child care resource and referral program may 56.16 reimburse committee membersmay be reimbursedfor their actual 56.17 travel, child care, and child care provider substitute expenses 56.18 for up to six committee meetings per year. The program may also 56.19 pay a stipend to parent representatives for participating in up 56.20 to six meetings per year.The child care regional advisory56.21committees shall complete their reviews and forward their56.22recommendations to the commissioner by the date specified by the56.23commissioner.56.24 Sec. 14. Minnesota Statutes 1998, section 119B.21, 56.25 subdivision 5, is amended to read: 56.26 Subd. 5. [PURPOSES FOR WHICH ACHILD CARESERVICES GRANT56.27MAY BE AWARDEDSERVICES GRANTS.]The commissionerA child care 56.28 resource and referral program designated under section 119B.19, 56.29 subdivision 1a, may award child care services grants for: 56.30 (1)child care service development grants for the following56.31purposes:56.32(i) forcreating new licenseddaychild care facilities and 56.33 expanding existing facilities, including, but not limited to, 56.34 supplies, equipment, facility renovation, and remodeling; 56.35(ii) for(2) improving licenseddaychild care facility 56.36 programs, including, but not limited to, staff specialists,57.1staff training, supplies, equipment, and facility renovation and57.2remodeling; 57.3(iii) for supportive child(3) staff training and 57.4 development services including, but not limited to, in-service 57.5 training, curriculum development, accreditation, certification, 57.6 consultingspecialist, resource centers, and program and 57.7 resource materials; 57.8(iv) for carrying out programs including, but not limited57.9to, staff, supplies, equipment, facility renovation, and57.10training;57.11(v) for(4) interim financing; 57.12(vi) family child care technical assistance awards; and57.13(vii) for(5) capacity building through the purchase of 57.14 appropriate technologyand software, and staff training to57.15create, enhance, and maintain financial systems for facilities;57.16(2) child care resource and referral program services57.17identified in section 119B.19, subdivision 3; or57.18(3) targeted recruitment initiatives to expand and build57.19capacity of the child care systemto create, enhance, and 57.20 maintain business management systems; 57.21 (6) emergency assistance for child care programs; and 57.22 (7) targeted recruitment initiatives to expand and build 57.23 the capacity of the child care system and to improve the quality 57.24 of care provided by nonlicensed child care providers. 57.25 Sec. 15. Minnesota Statutes 1998, section 119B.21, 57.26 subdivision 8, is amended to read: 57.27 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.]Eligible recipients57.28ofA designated organization may award child care services 57.29 grantsareto: 57.30 (1) licensed providersof child care, or those; 57.31 (2) providers in the process of being licensed, resource57.32and referral programs, or; 57.33 (3) corporations or public agencies,that develop or 57.34 provide child care services; 57.35 (4) school-age care programs; or 57.36 (5) any combinationthereofof clauses (1) to (4). 58.1 Unlicensed providers are only eligible for grants under 58.2 subdivision 5, clause (7). 58.3 Sec. 16. Minnesota Statutes 1998, section 119B.21, 58.4 subdivision 9, is amended to read: 58.5 Subd. 9. [GRANT MATCH REQUIREMENTS.] A recipient of a 58.6 child caregrantsservices grant for facility improvements, 58.7 interim financing,resource and referral, andor staff training 58.8 and developmentrequiremust provide a 25 percent local matchby58.9the grant applicant.A local match is not required for a family58.10child care technical assistance award.58.11 Sec. 17. Minnesota Statutes 1998, section 119B.21, 58.12 subdivision 10, is amended to read: 58.13 Subd. 10. [FAMILY CHILD CARE TECHNICAL ASSISTANCE 58.14AWARDSGRANTS.] (a) A child care resource and referral 58.15 organization designated under section 119B.19, subdivision 1a, 58.16 may award technical assistanceawards for child care service58.17development must be used by the family child care provider58.18granteegrants of up to $1,000. These grants may be used for: 58.19 (1) facility improvements, including, but not limited to, 58.20 improvements to meet licensing requirements,; 58.21 (2) improvements to expandthea child care facility,or 58.22 program; 58.23 (3) toys and equipment,; 58.24 (4) technology and software to create, enhance, and 58.25 maintain business management systems; 58.26 (5) start-up costs, interim financing, or; 58.27 (6) staff training and development; and 58.28 (7) other uses approved by the commissioner. 58.29 (b) A child care resource and referral program may award 58.30 family child care technical assistance grants to: 58.31 (1) licensed family child care providers; or 58.32 (2) child care providers in the process of becoming 58.33 licensed. 58.34 (c) A local match is not required for a family child care 58.35 technical assistance grant. 58.36 Sec. 18. Minnesota Statutes 1998, section 119B.21, 59.1 subdivision 11, is amended to read: 59.2 Subd. 11. [STATEWIDE ADVISORY TASK FORCE.] The 59.3 commissioner may convene a statewide advisory task forcewhich59.4shallto advise the commissioner on statewide grants or other 59.5 child care issues. The followingconstituentgroups must be 59.6 represented: family child care providers, child care center 59.7 programs, school-age care providers,parent usersparents who 59.8 use child care services, health services, social services, Head 59.9 Start, public schools, employers, and other citizens with 59.10 demonstrated interest in child care issues.Each regional grant59.11review committee formed under subdivision 3, shall appoint a59.12representative to the advisory task force.Additional members 59.13 may be appointed by the commissioner.The commissioner may59.14convene meetings of the task force as needed. Terms of office59.15and removal from office are governed by the appointing body.59.16 The commissioner may compensate members for their travel, child 59.17 care, and child care provider substitute expenses for attending 59.18 task force meetingsof the task force. The commissioner may 59.19 also pay a stipend to parent representatives for participating 59.20 in task force meetings. 59.21 Sec. 19. Minnesota Statutes 1998, section 119B.23, 59.22 subdivision 1, is amended to read: 59.23 Subdivision 1. [AUTHORITY.]In addition to the59.24commissioner's authority to make child care services grants,The 59.25 county board is authorized to provide child care services,or to 59.26 make grants from the community social service fund, special tax 59.27 revenue, or its general fund, or other sources to any 59.28 municipality, or corporation, or combination thereof,for the 59.29 cost of providing technical assistanceandor child care 59.30 services. The county board is also authorized to contract for 59.31 services with any licenseddaychild care facility, as the board59.32deems necessary or properto carry out the purposes of this 59.33 section. 59.34 The county board may also make grants to or contract with 59.35 any municipality, licensed child care facility,or resource and59.36referral programorganization designated under section 119B.19, 60.1 subdivision 1a, or corporationor combination thereof,forany60.2ofthe following purposes: 60.3 (1) creating new licensed day care facilities and expanding 60.4 existing facilities including, but not limited to, supplies, 60.5 equipment, and facility renovation and remodeling; 60.6 (2) improving licensed day care facility programs, 60.7 including, but not limited to, staff specialists, staff 60.8 training, supplies, equipment, and facility renovation and 60.9 remodeling. In awarding grants for training, counties must60.10give, with prioritytofor training grants for child care 60.11 workers caring for infants, toddlers, sick children, children in 60.12 low-income families, and children with special needs; 60.13 (3) providing supportive child development services, 60.14 including, but not limited to, in-service training, curriculum 60.15 development, consulting specialists, resource centers, and 60.16 program and resource materials; 60.17 (4) carrying out programs, including, but not limited to, 60.18 staff, supplies, equipment, facility renovation, and training; 60.19 (5) providing interim financing;andor 60.20 (6) carrying out the resource and referral program services 60.21 identified in section 119B.19, subdivision37. 60.22 Sec. 20. [REVISOR INSTRUCTION.] 60.23 The revisor of statutes shall renumber each section of 60.24 Minnesota Statutes listed in column A with the number listed in 60.25 column B. The revisor shall also make necessary cross-reference 60.26 changes consistent with the renumbering. 60.27 A B 60.28 119B.01, subd. 1 119B.011, subd. 1 60.29 119B.01, subd. 2 119B.011, subd. 3 60.30 119B.01, subd. 3 119B.011, subd. 7 60.31 119B.01, subd. 4 119B.011, subd. 4 60.32 119B.01, subd. 5 119B.011, subd. 8 60.33 119B.01, subd. 6 119B.011, subd. 5 60.34 119B.01, subd. 7 119B.011, subd. 9 60.35 119B.01, subd. 7a 119B.011, subd. 10 60.36 119B.01, subd. 8 119B.011, subd. 11 61.1 119B.01, subd. 9 119B.011, subd. 12 61.2 119B.01, subd. 10 119B.011, subd. 13 61.3 119B.01, subd. 11 119B.011, subd. 14 61.4 119B.01, subd. 12 119B.011, subd. 17 61.5 119B.01, subd. 12a 119B.011, subd. 18 61.6 119B.01, subd. 13 119B.011, subd. 20 61.7 119B.01, subd. 14 119B.011, subd. 19 61.8 119B.01, subd. 15 119B.011, subd. 2 61.9 119B.01, subd. 16 119B.011, subd. 24 61.10 119B.01, subd. 17 119B.011, subd. 6 61.11 119B.01, subd. 18 119B.011, subd. 16 61.12 119B.18, subd. 3 119B.211 61.13 119B.20, subd. 7 119B.189, subd. 1 61.14 119B.20, subd. 8 119B.189, subd. 2 61.15 119B.20, subd. 12 119B.189, subd. 4 61.16 119B.20, subd. 13 119B.201, subd. 3 61.17 119B.21, subd. 2, 119B.21, subd. 1, 61.18 para. (a) para. (c) 61.19 119B.21, subd. 2, 119B.21, subd. 1, 61.20 para. (b) para. (d) 61.21 119B.21, subd. 2, 119B.21, subd. 1, 61.22 para. (d) para. (e) 61.23 119B.21, subd. 5 119B.21, subd. 5, 61.24 para. (a) 61.25 119B.21, subd. 8 119B.21, subd. 5, 61.26 para. (b) 61.27 119B.21, subd. 9 119B.21, subd. 5, 61.28 para. (c) 61.29 Sec. 21. [REPEALER.] 61.30 Minnesota Statutes 1998, sections 119B.18, subdivisions 1 61.31 and 2; 119B.19, subdivisions 3, 4, and 5; 119B.20, subdivisions 61.32 1, 2, 3, 4, 5, 6, 9, 10, and 11; 119B.21, subdivisions 4, 6, and 61.33 12; and 119B.22, are repealed.