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, 7, and by adding 
  1.15            subdivisions; 119B.10, subdivision 1; 119B.11, 
  1.16            subdivision 2a; 119B.12, subdivision 2; 119B.13; 
  1.17            119B.14; 119B.15; 119B.19, subdivision 1, and by 
  1.18            adding subdivisions; 119B.20, subdivisions 7, 8, 12, 
  1.19            and by adding a subdivision; 119B.21, subdivisions 1, 
  1.20            2, 3, 5, 6, 8, 9, 10, and 11; 119B.23, subdivision 1; 
  1.21            119B.24; 124D.19, subdivision 11; 124D.22; 124D.23, by 
  1.22            adding a subdivision; 124D.53, subdivision 3; 124D.54, 
  1.23            subdivision 1; 256.01, subdivision 4; 256.045, 
  1.24            subdivisions 6, 7, and by adding a subdivision; 
  1.25            256.98, subdivisions 1, 7, and 8; 256.983, 
  1.26            subdivisions 3 and 4; and 466.01, subdivision 1; Laws 
  1.27            1997, chapter 162, article 2, section 28, subdivision 
  1.28            6; and Laws 1997, chapter 248, section 46, as amended; 
  1.29            repealing Minnesota Statutes 1998, sections 119B.01, 
  1.30            subdivision 12a; 119B.03, subdivision 7; 119B.05, 
  1.31            subdivision 6; 119B.17; 119B.18, subdivisions 1 and 2; 
  1.32            119B.19, subdivisions 3, 4, and 5; 119B.20, 
  1.33            subdivisions 1, 2, 3, 4, 5, 6, 9, 10, and 11; 119B.21, 
  1.34            subdivisions 4, 6, and 12; 119B.22; and 124D.14. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36                             ARTICLE 1 
  1.37                CHILDREN AND FAMILY SUPPORT PROGRAMS 
  1.38     Section 1.  Minnesota Statutes 1998, section 13.46, 
  1.39  subdivision 2, is amended to read: 
  1.40     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 
  2.33  ~~Minnesota~~ department 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 the ~~statewide~~ 
  3.4   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 a ~~recipient of aid to families~~ 
  3.36  ~~with dependent children or~~ Minnesota family investment 
  4.1   ~~program-statewide~~ program participant may be disclosed to law 
  4.2   enforcement officers who provide the name of the ~~recipient~~ 
  4.3   participant and notify the agency that: 
  4.4      (i) the ~~recipient~~ participant: 
  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 receiving ~~aid to families~~ 
  5.30  ~~with dependent children or~~ Minnesota family investment 
  5.31  ~~program-statewide~~ program 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 the ~~statewide~~ Minnesota 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 CHILDHOOD ~~LEARNING AND CHILD~~ 
  7.4   ~~PROTECTION~~ FACILITIES GRANTS.] 
  7.5      The commissioner may make grants to state agencies and 
  7.6   political subdivisions to construct or rehabilitate facilities 
  7.7   for ~~Head Start, early childhood and family education programs,~~ 
  7.8   ~~other early childhood intervention programs, or demonstration~~ 
  7.9   ~~family service centers housing multiagency collaboratives~~ early 
  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  relative ~~caretakers~~ caregivers 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   relative ~~caretakers~~ caregivers 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  and ~~the~~ their child or children.  ~~An adult may be considered a~~ 
  8.19  ~~dependent member of the family unit if 50 percent of the adult's~~ 
  8.20  ~~support is being provided by the parents, stepparents, guardians~~ 
  8.21  ~~and their spouses, or eligible relative caretakers and their~~ 
  8.22  ~~spouses, 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 student ~~and can reasonably be expected to graduate~~ 
  8.25  ~~before age 19~~ may 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-time ~~secondary~~ 
  9.9   ~~school~~ students ~~up 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 family ~~day~~ child care home, a 
  9.20  group family ~~day~~ child care home, a ~~day~~ child care center, a 
  9.21  nursery school, a day nursery, ~~an extended day school age~~ 
  9.22  ~~child~~ a school-age care program; a ~~legal nonlicensed extended~~ 
  9.23  ~~day school age child~~ license exempt school-age care program 
  9.24  ~~which operates~~ operating under the auspices of a local school 
  9.25  board or a park or recreation board of the first class that has 
  9.26  adopted ~~school age child~~ school-age care ~~standards~~ guidelines 
  9.27  which meet or exceed ~~standards~~ guidelines recommended by the 
  9.28  ~~state~~ department of children, families, and learning~~,~~; or a 
  9.29  ~~legal~~ nonlicensed ~~caregiver~~ registered 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 the ~~AFDC~~ MFIP 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.  [~~AFDC~~ MFIP.] ~~"AFDC" means the aid to families~~ 
  9.36  ~~with dependent children program under sections 256.72 to 256.87;~~ 
 10.1   ~~the MFIP program under sections 256.031 to 256.0361 and 256.0475~~ 
 10.2   ~~to 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 received ~~AFDC~~ MFIP assistance, 
 10.11  or who were eligible to receive ~~AFDC~~ MFIP assistance after 
 10.12  choosing to discontinue receipt of the cash portion of ~~MFIP-S~~ 
 10.13  MFIP assistance under section 256J.31, subdivision 12, for at 
 10.14  least three of the last six months before losing eligibility for 
 10.15  ~~AFDC~~ MFIP due to ~~increased hours of employment, or~~ increased 
 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 employment ~~or the short-term provision of at-home infant care~~ 
 10.26  ~~for 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 money ~~in section 256.736~~ under 
 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 reimbursement ~~obtained must be allocated to the~~ 
 11.28  ~~county~~ to counties that spent money for ~~child care that is~~ 
 11.29  ~~federally reimbursable under programs that provide federal~~ 
 11.30  ~~reimbursement for~~ federally 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 their ~~biennial community social services~~ child 
 12.23  care fund plans required under section ~~256E.08~~ 119B.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.  ~~When~~ 
 13.4   ~~money is available counties shall expedite the processing of~~ 
 13.5   ~~student 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, except ~~AFDC recipients,~~ MFIP ~~recipients~~ participants, 
 13.11  work first participants, and transition year families~~, and~~ 
 13.12  ~~119B.10~~ are 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 eligible ~~non-AFDC~~ families 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 or ~~to pursue~~ education 
 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 have~~ 
 13.32  ~~completed 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 be ~~added~~ 
 14.8   ~~to the funds available for reallocation~~ used 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  commissioner ~~of children, families, and learning~~ is 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, Title ~~I~~ VI.  
 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 the ~~AFDC~~ MFIP child care program 
 15.6   are: 
 15.7      (1) ~~persons receiving services under sections 256.031 to~~ 
 15.8   ~~256.0361 and 256.047 to 256.048;~~ 
 15.9      ~~(2) AFDC~~ MFIP 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 evaluation~~ 
 15.14  ~~conducted by the Manpower Demonstration Research Corporation;~~ 
 15.15     ~~(5) AFDC caretakers who are participating in the STRIDE and~~ 
 15.16  ~~non-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's ~~employability~~ employment 
 16.6   plan in the case of an ~~AFDC recipient~~ MFIP participant, and 
 16.7   county policies included in the child care ~~allocation~~ fund 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 students~~ 
 16.26  ~~who have received child care assistance for one academic year~~ 
 16.27  ~~shall be provided child care assistance in the following~~ 
 16.28  ~~academic year if funds allocated under sections 119B.03 and~~ 
 16.29  ~~119B.05 are available.~~  If an ~~AFDC recipient~~ MFIP participant 
 16.30  who is receiving ~~AFDC~~ MFIP 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  their ~~employability development plans~~ employment plan, and 
 16.34  continues to be eligible for ~~AFDC~~ MFIP child care assistance 
 16.35  under this chapter, the ~~AFDC caretaker~~ MFIP caregiver must 
 16.36  receive continued child care assistance from the county 
 17.1   responsible for their current ~~employability development~~ 
 17.2   employment plan, ~~without interruption~~ according 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.] 
 17.7      ~~A reserve account must be created within the general fund~~ 
 17.8   ~~for all unexpended basic sliding fee child care, TANF child~~ 
 17.9   ~~care, or other child care funds under the jurisdiction of the~~ 
 17.10  ~~commissioner.  Any funds for those purposes that are unexpended~~ 
 17.11  ~~at the end of a biennium must be deposited in this reserve~~ 
 17.12  ~~account, and may be appropriated on an ongoing basis by the~~ 
 17.13  ~~commissioner for basic sliding fee child care or TANF child care~~ 
 17.14  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,~~ 
 17.22  ~~1992, the county will include the plan required under this~~ 
 17.23  ~~subdivision in its biennial community social services plan~~ 
 17.24  ~~required in this section, for the group described in section~~ 
 17.25  ~~256E.03, subdivision 2, paragraph (h).  The commissioner shall~~ 
 17.26  ~~establish the dates by which the county must submit these~~ 
 17.27  ~~plans.~~  The county and designated administering agency shall 
 17.28  submit to the commissioner an annual child care fund ~~allocation~~ 
 17.29  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 
 18.6   ~~groups~~ families under the basic sliding fee program ~~and AFDC~~ 
 18.7   ~~child 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; receive ~~aid~~ 
 18.30  ~~to families with dependent children, MFIP-S, or work first,~~ 
 18.31  ~~whichever is in effect~~ MFIP assistance; and are ~~receiving~~ 
 18.32  participating in employment and training services under ~~section~~ 
 18.33  ~~256.736 or~~ chapter 256J or 256K; 
 18.34     (2) have household income below the eligibility levels for 
 18.35  ~~aid to families with dependent children~~ MFIP; or 
 18.36     (3) have household income within a range established by the 
 19.1   commissioner. 
 19.2      (b) Child care services ~~for the families receiving aid to~~ 
 19.3   ~~families with dependent children~~ must be made available as 
 19.4   in-kind services~~, to cover any difference between the actual~~ 
 19.5   ~~cost and the amount disregarded under the aid to families with~~ 
 19.6   ~~dependent children program.  Child care services to families~~ 
 19.7   ~~whose incomes are below the threshold of eligibility for aid to~~ 
 19.8   ~~families with dependent children, but are not AFDC caretakers,~~ 
 19.9   ~~must be made available with the same copayment required of AFDC~~ 
 19.10  ~~caretakers 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 for ~~non-AFDC~~ families who are not MFIP 
 19.27  participants beyond those established under section 119B.03 must 
 19.28  submit the policy in the annual ~~allocation~~ child 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.  Counties ~~may~~ shall 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.  The 
 20.7   county shall not deny a child care subsidy to a child care 
 20.8   provider with a valid license under section 245A.03, except as 
 20.9   provided in this subdivision.  A county may not restrict access 
 20.10  to a general category of provider allowed under section 119B.01, 
 20.11  subdivision 13. 
 20.12     Sec. 26.  Minnesota Statutes 1998, section 119B.09, is 
 20.13  amended by adding a subdivision to read: 
 20.14     Subd. 5a.  [PROVIDER REGISTRATION.] Nonlicensed providers 
 20.15  who meet the licensure exemptions defined in section 245A.03, 
 20.16  subdivision 2, or Laws 1997, chapter 248, section 46, as 
 20.17  amended, and who care for children as provided under this 
 20.18  chapter must be registered.  Counties shall provide each 
 20.19  nonlicensed registered provider with health and safety 
 20.20  information, including information about immunizations.  Parents 
 20.21  shall provide their child's immunization records to their 
 20.22  nonlicensed registered provider who shall keep immunization 
 20.23  records in accordance with section 121A.15 and have these 
 20.24  records available to the county upon request.  The child must 
 20.25  have received the age-appropriate immunizations or have 
 20.26  commenced a schedule of immunizations within 90 days following 
 20.27  the first day of child care with the nonlicensed registered 
 20.28  provider. 
 20.29     Sec. 27.  Minnesota Statutes 1998, section 119B.09, is 
 20.30  amended by adding a subdivision to read: 
 20.31     Subd. 5b.  [ENHANCED REGISTRATION.] Counties shall offer an 
 20.32  enhanced registration category with additional requirements to 
 20.33  be available for nonlicensed registered providers who meet the 
 20.34  requirements under subdivision 5a.  These additional 
 20.35  requirements are:  a background study, a licensing history 
 20.36  check, and completion of a self-declared health and safety 
 21.1   checklist.  Background studies and licensing history checks must 
 21.2   be completed at application for enhanced registration, when 
 21.3   there is a change in household members, when there is a gap in 
 21.4   service as a child care assistance program provider, and every 
 21.5   two years if the provider is still providing services. 
 21.6      Counties shall have authority to conduct background 
 21.7   studies, including authority to access the bureau of criminal 
 21.8   apprehension's criminal justice information system.  Background 
 21.9   studies shall be conducted on adult household members according 
 21.10  to the procedures under section 245A.04, subdivision 3, 
 21.11  applicable to licensed family child care.  If the subject of the 
 21.12  background study has a disqualifying characteristic under 
 21.13  section 245A.04, subdivision 3d, based on a conviction or 
 21.14  admission, the individual shall be disqualified from providing 
 21.15  child care services as a nonlicensed registered provider. 
 21.16     Counties may choose to require all or certain categories of 
 21.17  nonlicensed registered providers under this chapter to comply 
 21.18  with enhanced registration requirements.  County choices must be 
 21.19  identified in the county's child care fund plan under section 
 21.20  119B.08, subdivision 3.  Providers with enhanced registrations 
 21.21  must be licensed under chapter 245A by July 1, 2001. 
 21.22     Sec. 28.  Minnesota Statutes 1998, section 119B.09, 
 21.23  subdivision 7, is amended to read: 
 21.24     Subd. 7.  [ELIGIBILITY FOR ASSISTANCE.] The date of 
 21.25  eligibility for child care assistance under this chapter is the 
 21.26  later of the date the application was signed; the beginning date 
 21.27  of employment, education, or training; or the date a 
 21.28  determination has been made that the applicant is a participant 
 21.29  in employment and training services under Minnesota Rules, part 
 21.30  3400.0080, subpart 2a, ~~section 256.736,~~ or chapter 256J or 
 21.31  256K.  The date of eligibility for the basic sliding fee at-home 
 21.32  infant child care program is the later of the date the infant is 
 21.33  born or, in a county with a basic sliding fee wait list, the 
 21.34  date the family applies for at-home infant child care.  Payment 
 21.35  ceases for a family under the at-home infant child care program 
 21.36  when a family has used a total of 12 months of assistance as 
 22.1   specified under section 119B.061.  Payment of child care 
 22.2   assistance for employed persons on ~~AFDC~~ MFIP is effective the 
 22.3   date of employment or the date of ~~AFDC~~ MFIP eligibility, 
 22.4   whichever is later.  Payment of child care assistance for ~~MFIP-S~~ 
 22.5   MFIP or work first participants in employment and training 
 22.6   services is effective the date of commencement of the services 
 22.7   or the date of ~~MFIP-S~~ MFIP or work first eligibility, whichever 
 22.8   is later.  Payment of child care assistance for transition year 
 22.9   child care must be made retroactive to the date of eligibility 
 22.10  for transition year child care. 
 22.11     Sec. 29.  Minnesota Statutes 1998, section 119B.10, 
 22.12  subdivision 1, is amended to read: 
 22.13     Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
 22.14  RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 
 22.15  and who are eligible for assistance under this section are 
 22.16  eligible to receive up to 240 hours of child care assistance per 
 22.17  calendar year.  
 22.18     (b) Employed persons who work at least an average of 
 22.19  20 hours and full-time students who work at least an average of 
 22.20  ten hours a week and receive at least a minimum wage for all 
 22.21  hours worked are eligible for continued child care 
 22.22  assistance for employment.  For purposes of this section, 
 22.23  work-study programs must be counted as employment.  Child care 
 22.24  assistance during employment must be authorized as provided in 
 22.25  paragraphs (c) and (d). 
 22.26     (c) When the ~~caregiver~~ person works for an hourly wage and 
 22.27  the hourly wage is equal to or greater than the applicable 
 22.28  minimum wage, child care assistance shall be provided for the 
 22.29  actual hours of employment, break, and mealtime during the 
 22.30  employment and travel time up to two hours per day. 
 22.31     (d) When the ~~caregiver~~ person does not work for an hourly 
 22.32  wage, child care assistance must be provided for the lesser of: 
 22.33     (1) the amount of child care determined by dividing gross 
 22.34  earned income by the applicable minimum wage, up to one hour 
 22.35  every eight hours for meals and break time, plus up to two hours 
 22.36  per day for travel time; or 
 23.1      (2) the amount of child care equal to the actual amount of 
 23.2   child care used during employment, including break and mealtime 
 23.3   during employment, and travel time up to two hours per day. 
 23.4      Sec. 30.  Minnesota Statutes 1998, section 119B.11, 
 23.5   subdivision 2a, is amended to read: 
 23.6      Subd. 2a.  [RECOVERY OF OVERPAYMENTS.] An amount of child 
 23.7   care assistance paid to a recipient in excess of the payment due 
 23.8   is recoverable by the county agency.  If the family remains 
 23.9   eligible for child care assistance, the overpayment must be 
 23.10  recovered through recoupment as identified in Minnesota Rules, 
 23.11  part ~~9565.5110, subpart 11, items A and B, if the family remains~~ 
 23.12  ~~eligible for assistance~~ 3400.0140, subpart 19.  If the family no 
 23.13  longer remains eligible for child care assistance, the county 
 23.14  may choose to initiate efforts to recover overpayments from the 
 23.15  family for overpayment less than $50.  If the overpayment is 
 23.16  greater than or equal to $50, the county shall seek voluntary 
 23.17  repayment of the overpayment from the family.  If the county is 
 23.18  unable to recoup the overpayment through voluntary repayment, 
 23.19  the county shall initiate civil court proceedings to recover the 
 23.20  overpayment unless the county's costs to recover the overpayment 
 23.21  will exceed the amount of the overpayment.  A family with an 
 23.22  outstanding debt under this subdivision is not eligible for 
 23.23  child care assistance until:  (1) the debt is paid in full; or 
 23.24  (2) satisfactory arrangements are made with the county to retire 
 23.25  the debt consistent with the requirements of this chapter and 
 23.26  Minnesota Rules, chapter 3400, and the family is in compliance 
 23.27  with the agreement. 
 23.28     Sec. 31.  Minnesota Statutes 1998, section 119B.12, 
 23.29  subdivision 2, is amended to read: 
 23.30     Subd. 2.  [PARENT FEE.] A family's monthly parent fee must 
 23.31  be a fixed percentage of its annual gross income.  Parent fees 
 23.32  must apply to families eligible for child care assistance under 
 23.33  sections 119B.03 and 119B.05.  Income must be as defined in 
 23.34  section 119B.01, subdivision 12.  The fixed percent is based on 
 23.35  the relationship of the family's annual gross income to 100 
 23.36  percent of state median income.  Beginning January 1, 1998, 
 24.1   parent fees must begin at 75 percent of the poverty level.  The 
 24.2   minimum parent fees for families between 75 percent and 100 
 24.3   percent of poverty level must be $5 per month.  ~~Parent fees for~~ 
 24.4   ~~families with incomes at or above the poverty level must not~~ 
 24.5   ~~decrease due to the addition of family members after the~~ 
 24.6   ~~family's initial eligibility determination.~~  Parent fees must be 
 24.7   established in rule and must provide for graduated movement to 
 24.8   full payment. 
 24.9      Sec. 32.  Minnesota Statutes 1998, section 119B.13, is 
 24.10  amended to read: 
 24.11     119B.13 [CHILD CARE RATES.] 
 24.12     Subdivision 1.  [SUBSIDY RESTRICTIONS.] ~~Effective July 1,~~ 
 24.13  ~~1991,~~ The maximum rate paid for child care assistance under the 
 24.14  child care fund ~~is the maximum rate eligible for federal~~ 
 24.15  ~~reimbursement.  The rate~~ may not exceed the 75th percentile rate 
 24.16  for like-care arrangements in the county as surveyed by the 
 24.17  commissioner.  A rate which includes a provider bonus paid under 
 24.18  subdivision 2 or a special needs rate paid under subdivision 3 
 24.19  may be in excess of the maximum rate allowed under this 
 24.20  subdivision.  The department ~~of children, families, and learning~~ 
 24.21  shall monitor the effect of this paragraph on provider rates.  
 24.22  The county shall pay the provider's full charges for every child 
 24.23  in care up to the maximum established.  The commissioner shall 
 24.24  determine the maximum rate for each type of care, including 
 24.25  special needs and handicapped care.  Not less than once every 
 24.26  two years, the ~~county~~ commissioner shall evaluate ~~rates~~ market 
 24.27  practices for payment of ~~absent spaces~~ absences and shall 
 24.28  establish policies for payment of absent days that reflect 
 24.29  current market practice. 
 24.30     When the provider charge is greater than the maximum 
 24.31  provider rate allowed, the parent is responsible for payment of 
 24.32  the difference in the rates in addition to any family copayment 
 24.33  fee. 
 24.34     Subd. 2.  [PROVIDER RATE BONUS FOR ACCREDITATION.] 
 24.35  ~~Currently accredited child care centers shall be paid a ten~~ 
 24.36  ~~percent bonus above the maximum rate established in subdivision~~ 
 25.1   ~~1, up to the actual provider rate.~~  A family ~~day~~ child care 
 25.2   provider or child care center shall be paid a ten percent bonus 
 25.3   above the maximum rate established in subdivision 1, if the 
 25.4   provider or center holds a current early childhood development 
 25.5   credential approved by the commissioner, up to the actual 
 25.6   provider rate.  ~~For purposes of this subdivision, "accredited"~~ 
 25.7   ~~means accredited by the National Association for the Education~~ 
 25.8   ~~of Young Children.~~ 
 25.9      Subd. 3.  [PROVIDER RATE FOR CARE OF CHILDREN WITH 
 25.10  HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 
 25.11  for the care of children with handicaps or special needs, at a 
 25.12  special rate to be ~~set~~ approved by the county for care of these 
 25.13  children, subject to the approval of the commissioner. 
 25.14     Subd. 4.  [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 
 25.15  Child care providers receiving reimbursement under this chapter 
 25.16  may not charge a rate to clients receiving assistance under this 
 25.17  chapter that is higher than the private, full-paying client rate.
 25.18     Subd. 5.  [PROVIDER NOTICE.] The county shall inform both 
 25.19  the family receiving assistance under this chapter and the child 
 25.20  care provider of the payment amount and how and when payment 
 25.21  will be received.  If the county sends a family a notice that 
 25.22  child care assistance will be terminated, the county shall 
 25.23  inform the provider that unless the family requests to continue 
 25.24  to receive assistance pending an appeal, child care payments 
 25.25  will no longer be made.  The notice to the ~~vendor~~ provider must 
 25.26  not contain any private data on the family or information on why 
 25.27  payment will no longer be made. 
 25.28     Subd. 6.  [PROVIDER PAYMENTS.] Counties shall make ~~vendor~~ 
 25.29  payments to the child care provider or pay the parent directly 
 25.30  for eligible child care expenses.  Counties shall make payments 
 25.31  directly to licensed child care providers for eligible child 
 25.32  care expenses.  For nonlicensed registered providers under 
 25.33  section 119B.09, subdivisions 5a and 5b, counties may make 
 25.34  payments to the child care provider or to the parent.  ~~If~~ 
 25.35  ~~payments for child care assistance are made to providers,~~ The 
 25.36  provider or parent shall bill the county for services provided 
 26.1   within ten days of the end of the month of service.  If bills 
 26.2   are submitted in accordance with the provisions of this 
 26.3   subdivision, a county shall issue payment ~~to the provider of~~ for 
 26.4   child care assistance under the child care fund within 30 days 
 26.5   of receiving an invoice ~~from the provider~~.  Counties may 
 26.6   establish policies that make payments on a more frequent basis.  
 26.7   A county's payment policies must be included in the county's 
 26.8   child care fund plan under section 119B.08, subdivision 3. 
 26.9      Sec. 33.  Minnesota Statutes 1998, section 119B.14, is 
 26.10  amended to read: 
 26.11     119B.14 [EXTENSION OF EMPLOYMENT OPPORTUNITIES.] 
 26.12     The county board shall ~~insure~~ ensure that child care 
 26.13  services available to eligible residents are well advertised and 
 26.14  that everyone who receives or applies for ~~aid to families with~~ 
 26.15  ~~dependent children~~ MFIP assistance is informed of training and 
 26.16  employment opportunities and programs, including child care 
 26.17  assistance and child care resource and referral services. 
 26.18     Sec. 34.  Minnesota Statutes 1998, section 119B.15, is 
 26.19  amended to read: 
 26.20     119B.15 [ADMINISTRATIVE EXPENSES.] 
 26.21     The commissioner shall use up to 1/21 of the state and 
 26.22  federal funds available for the basic sliding fee program and 
 26.23  1/21 of the state and federal funds available for the ~~AFDC~~ MFIP 
 26.24  child care program for payments to counties for administrative 
 26.25  expenses. 
 26.26     Sec. 35.  Minnesota Statutes 1998, section 119B.21, 
 26.27  subdivision 6, is amended to read: 
 26.28     Subd. 6.  [FUNDING PRIORITIES; FACILITY IMPROVEMENT, 
 26.29  INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 
 26.30  applications for funding and making recommendations to the 
 26.31  commissioner, the child care regional advisory committees shall 
 26.32  rank and give priority to:  
 26.33     (1) new programs or projects, or the expansion or 
 26.34  improvement of existing programs or projects that serve ethnic 
 26.35  immigrant and refugee communities; 
 26.36     (2) new programs or projects, or the expansion or 
 27.1   improvement of existing programs or projects in areas where a 
 27.2   demonstrated need for child care facilities has been shown, with 
 27.3   special emphasis on programs or projects in areas where there is 
 27.4   a shortage of licensed child care; 
 27.5      ~~(2)~~ (3) new programs and projects, or the expansions or 
 27.6   enrichment of existing programs or projects that serve sick 
 27.7   children, infants or toddlers, children with special needs, 
 27.8   children from low-income families, or parents needing child care 
 27.9   during nonstandard hours; 
 27.10     ~~(3)~~ (4) unlicensed providers who wish to become licensed; 
 27.11     ~~(4)~~ (5) improvement of existing programs; 
 27.12     ~~(5)~~ (6) child care programs seeking accreditation and child 
 27.13  care providers seeking certification; and 
 27.14     ~~(6)~~ (7) entities that will use grant money for scholarships 
 27.15  for child care workers attending educational or training 
 27.16  programs sponsored by the entity. 
 27.17     Sec. 36.  Minnesota Statutes 1998, section 119B.24, is 
 27.18  amended to read: 
 27.19     119B.24 [DUTIES OF COMMISSIONER.] 
 27.20     In addition to the powers and duties already conferred by 
 27.21  law, the commissioner of children, families, and learning shall: 
 27.22     (1) ~~by September 1, 1998, and every five years thereafter,~~ 
 27.23  ~~survey and report on all components of the child care system,~~ 
 27.24  ~~including, but not limited to, availability of licensed child~~ 
 27.25  ~~care slots, the number of children in various kinds of child~~ 
 27.26  ~~care settings, staff wages, rate of staff turnover,~~ 
 27.27  ~~qualifications of child care workers, cost of child care by type~~ 
 27.28  ~~of service and ages of children, and child care availability~~ 
 27.29  ~~through school systems;~~ 
 27.30     ~~(2) by September 1, 1998, and every five years thereafter,~~ 
 27.31  ~~survey and report on the extent to which existing child care~~ 
 27.32  ~~services fulfill the need for child care, giving particular~~ 
 27.33  ~~attention to the need for part-time care and for care of~~ 
 27.34  ~~infants, sick children, children with special needs, low-income~~ 
 27.35  ~~children, toddlers, and school-age children;~~ 
 27.36     ~~(3)~~ administer the child care fund, including the basic 
 28.1   sliding fee program authorized under sections 119B.01 to 
 28.2   119B.16; 
 28.3      ~~(4)~~ (2) monitor the child care resource and referral 
 28.4   programs established under section 119B.19; and 
 28.5      ~~(5)~~ (3) encourage child care providers to participate in a 
 28.6   nationally recognized accreditation system for early childhood 
 28.7   programs.  The commissioner shall reimburse licensed child care 
 28.8   providers for one-half of the direct cost of accreditation fees, 
 28.9   upon successful completion of accreditation. 
 28.10     Sec. 37.  Minnesota Statutes 1998, section 124D.19, 
 28.11  subdivision 11, is amended to read: 
 28.12     Subd. 11.  [~~EXTENDED DAY~~ SCHOOL-AGE CARE PROGRAMS.] (a) A 
 28.13  school board may offer, as part of a community education 
 28.14  program, ~~an extended day~~ a school-age care program for children 
 28.15  from kindergarten through grade 6 for the purpose of expanding 
 28.16  students' learning opportunities.  If the school board chooses 
 28.17  not to offer a school-age care program, it may allow an 
 28.18  appropriate insured community group, for profit entity or 
 28.19  nonprofit organization to use available school facilities for 
 28.20  the purpose of offering a school-age care program. 
 28.21     (b) A school-age care program must include the following: 
 28.22     (1) adult supervised programs while school is not in 
 28.23  session; 
 28.24     (2) parental involvement in program design and direction; 
 28.25     (3) partnerships with the kindergarten through grade 12 
 28.26  system, and other public, private, or nonprofit entities; ~~and~~ 
 28.27     (4) opportunities for trained secondary school pupils to 
 28.28  work with younger children in a supervised setting as part of a 
 28.29  community service program~~.~~; and 
 28.30     (5) access to available school facilities, including the 
 28.31  gymnasium, sports equipment, computer labs, and media centers, 
 28.32  when not otherwise in use as part of the operation of the 
 28.33  school.  The school district may establish reasonable rules 
 28.34  relating to access to these facilities and may require that: 
 28.35     (i) the organization request access to the facilities and 
 28.36  prepare and maintain a schedule of proposed use; 
 29.1      (ii) the organization provide evidence of adequate 
 29.2   insurance to cover the activities to be conducted in the 
 29.3   facilities; and 
 29.4      (iii) the organization prepare and maintain a plan 
 29.5   demonstrating the adequacy and training of staff to supervise 
 29.6   the use of the facilities. 
 29.7      ~~(b)~~ (c) The district may charge a sliding fee based upon 
 29.8   family income for ~~extended day~~ school-age care programs.  The 
 29.9   district may receive money from other public or private sources 
 29.10  for the ~~extended day~~ school-age care program.  The board of the 
 29.11  district must develop standards for school-age child care 
 29.12  programs.  ~~Districts must adopt standards within one year after~~ 
 29.13  ~~the district first offers services under a program authorized by~~ 
 29.14  ~~this subdivision.~~  The state board of education may not adopt 
 29.15  rules for ~~extended day~~ school-age care programs. 
 29.16     ~~(c)~~ (d) The district shall maintain a separate account 
 29.17  within the community services fund for all funds related to the 
 29.18  ~~extended day~~ school-age care program. 
 29.19     (e) A district is encouraged to coordinate the school-age 
 29.20  care program with its special education, vocational education, 
 29.21  adult basic education, early childhood family education 
 29.22  programs, kindergarten through grade 12 instruction and 
 29.23  curriculum services, youth development and youth service 
 29.24  agencies, and with related services provided by other 
 29.25  governmental agencies and nonprofit agencies. 
 29.26     Sec. 38.  Minnesota Statutes 1998, section 124D.22, is 
 29.27  amended to read: 
 29.28     124D.22 [~~EXTENDED DAY~~ SCHOOL-AGE CARE REVENUE.] 
 29.29     Subdivision 1.  [ELIGIBILITY.] A district that offers ~~an~~ 
 29.30  ~~extended day~~ a school-age care program according to section 
 29.31  124D.19, subdivision 11, is eligible for ~~extended day~~ school-age 
 29.32  care revenue for the additional costs of providing services to 
 29.33  children with disabilities or to children experiencing family or 
 29.34  related problems of a temporary nature who participate in 
 29.35  the ~~extended day~~ school-age care program. 
 29.36     Subd. 2.  [~~EXTENDED DAY~~ SCHOOL-AGE CARE REVENUE.] The 
 30.1   ~~extended day~~ school-age care revenue for an eligible district 
 30.2   equals the approved additional cost of providing services to 
 30.3   children with disabilities or children experiencing family or 
 30.4   related problems of a temporary nature who participate in 
 30.5   the ~~extended day~~ school-age care program.  
 30.6      Subd. 3.  [~~EXTENDED DAY~~ SCHOOL-AGE CARE LEVY.] To obtain 
 30.7   ~~extended day~~ school-age care revenue, a school district may levy 
 30.8   an amount equal to the district's ~~extended day~~ school-age care 
 30.9   revenue as defined in subdivision 2 multiplied by the lesser of 
 30.10  one, or the ratio of the quotient derived by dividing the 
 30.11  adjusted net tax capacity of the district for the year before 
 30.12  the year the levy is certified by the resident pupil units in 
 30.13  the district for the school year to which the levy is 
 30.14  attributable, to $3,767.  
 30.15     Subd. 4.  [~~EXTENDED DAY~~ SCHOOL-AGE CARE AID.] A district's 
 30.16  ~~extended day~~ school-age care aid is the difference between 
 30.17  its ~~extended day~~ school-age care revenue and its ~~extended~~ 
 30.18  ~~day~~ school-age care levy.  If a district does not levy the 
 30.19  entire amount permitted, ~~extended day~~ school-age care aid must 
 30.20  be reduced in proportion to the actual amount levied. 
 30.21     Sec. 39.  Minnesota Statutes 1998, section 124D.23, is 
 30.22  amended by adding a subdivision to read: 
 30.23     Subd. 2b.  [INSURANCE.] The commissioner of children, 
 30.24  families, and learning may designate one collaborative to act as 
 30.25  a lead collaborative for purposes of obtaining liability 
 30.26  coverage for participating collaboratives. 
 30.27     Sec. 40.  Minnesota Statutes 1998, section 256.01, 
 30.28  subdivision 4, is amended to read: 
 30.29     Subd. 4.  [DUTIES AS STATE AGENCY.] The state agency shall: 
 30.30     (1) supervise the administration of assistance to dependent 
 30.31  children under Laws 1937, chapter 438, by the county agencies in 
 30.32  an integrated program with other service for dependent children 
 30.33  maintained under the direction of the state agency; 
 30.34     (2) may subpoena witnesses and administer oaths, make 
 30.35  rules, and take such action as may be necessary, or desirable 
 30.36  for carrying out the provisions of Laws 1937, chapter 438.  All 
 31.1   rules made by the state agency shall be binding on the counties 
 31.2   and shall be complied with by the respective county agencies; 
 31.3      (3) establish adequate standards for personnel employed by 
 31.4   the counties and the state agency in the administration of Laws 
 31.5   1937, chapter 438, and make the necessary rules to maintain such 
 31.6   standards; 
 31.7      (4) prescribe the form of and print and supply to the 
 31.8   county agencies blanks for applications, reports, affidavits, 
 31.9   and such other forms as it may deem necessary and advisable; 
 31.10     (5) cooperate with the federal government and its public 
 31.11  welfare agencies in any reasonable manner as may be necessary to 
 31.12  qualify for federal aid for aid to dependent children and in 
 31.13  conformity with the provisions of Laws 1937, chapter 438, 
 31.14  including the making of such reports and such forms and 
 31.15  containing such information as the Federal Social Security Board 
 31.16  may from time to time require, and comply with such provisions 
 31.17  as such board may from time to time find necessary to assure the 
 31.18  correctness and verification of such reports; 
 31.19     (6) may cooperate with other state agencies in establishing 
 31.20  reciprocal agreements in instances where a child receiving aid 
 31.21  to dependent children moves or contemplates moving into or out 
 31.22  of the state, in order that such child may continue to receive 
 31.23  supervised aid from the state moved from until the child shall 
 31.24  have resided for one year in the state moved to; 
 31.25     (7) on or before October 1 in each even-numbered year make 
 31.26  a biennial report to the governor concerning the activities of 
 31.27  the agency; ~~and~~ 
 31.28     (8) enter into agreements with other departments of the 
 31.29  state as necessary to meet all requirements of the federal 
 31.30  government; and 
 31.31     (9) cooperate with the commissioner of children, families, 
 31.32  and learning to enforce the requirements for program integrity 
 31.33  and fraud prevention for investigation for child care assistance 
 31.34  under chapter 119B. 
 31.35     Sec. 41.  Minnesota Statutes 1998, section 256.045, is 
 31.36  amended by adding a subdivision to read: 
 32.1      Subd. 3c.  [FINAL ORDER IN HEARING UNDER SECTION 
 32.2   119B.16.] The state human services referee shall recommend an 
 32.3   order to the commissioner of children, families, and learning in 
 32.4   an appeal under section 119B.16.  The commissioner shall affirm, 
 32.5   reverse, or modify the order.  An order issued under this 
 32.6   subdivision is conclusive on the parties unless an appeal is 
 32.7   taken under subdivision 7. 
 32.8      Sec. 42.  Minnesota Statutes 1998, section 256.045, 
 32.9   subdivision 6, is amended to read: 
 32.10     Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
 32.11  SUBPOENAS.] (a) The commissioner of human services, or the 
 32.12  commissioner of health for matters within the commissioner's 
 32.13  jurisdiction under subdivision 3b, or the commissioner of 
 32.14  children, families, and learning for matters within the 
 32.15  commissioner's jurisdiction under subdivision 3c, may initiate a 
 32.16  review of any action or decision of a county agency and direct 
 32.17  that the matter be presented to a state human services referee 
 32.18  for a hearing held under subdivision 3, 3a, 3b, 3c, or 4a.  In 
 32.19  all matters dealing with human services committed by law to the 
 32.20  discretion of the county agency, the commissioner's judgment may 
 32.21  be substituted for that of the county agency.  The commissioner 
 32.22  may order an independent examination when appropriate. 
 32.23     (b) Any party to a hearing held pursuant to subdivision 3, 
 32.24  3a, 3b, 3c, or 4a may request that the commissioner issue a 
 32.25  subpoena to compel the attendance of witnesses and the 
 32.26  production of records at the hearing.  A local agency may 
 32.27  request that the commissioner issue a subpoena to compel the 
 32.28  release of information from third parties prior to a request for 
 32.29  a hearing under section 256.046 upon a showing of relevance to 
 32.30  such a proceeding.  The issuance, service, and enforcement of 
 32.31  subpoenas under this subdivision is governed by section 357.22 
 32.32  and the Minnesota Rules of Civil Procedure. 
 32.33     (c) The commissioner may issue a temporary order staying a 
 32.34  proposed demission by a residential facility licensed under 
 32.35  chapter 245A while an appeal by a recipient under subdivision 3 
 32.36  is pending or for the period of time necessary for the county 
 33.1   agency to implement the commissioner's order. 
 33.2      Sec. 43.  Minnesota Statutes 1998, section 256.045, 
 33.3   subdivision 7, is amended to read: 
 33.4      Subd. 7.  [JUDICIAL REVIEW.] Except for a prepaid health 
 33.5   plan, any party who is aggrieved by an order of the commissioner 
 33.6   of human services, or the commissioner of health in appeals 
 33.7   within the commissioner's jurisdiction under subdivision 3b, or 
 33.8   the commissioner of children, families, and learning for matters 
 33.9   within the commissioner's jurisdiction under subdivision 3c, may 
 33.10  appeal the order to the district court of the county responsible 
 33.11  for furnishing assistance, or, in appeals under subdivision 3b, 
 33.12  the county where the maltreatment occurred, by serving a written 
 33.13  copy of a notice of appeal upon the commissioner and any adverse 
 33.14  party of record within 30 days after the date the commissioner 
 33.15  issued the order, the amended order, or order affirming the 
 33.16  original order, and by filing the original notice and proof of 
 33.17  service with the court administrator of the district court.  
 33.18  Service may be made personally or by mail; service by mail is 
 33.19  complete upon mailing; no filing fee shall be required by the 
 33.20  court administrator in appeals taken pursuant to this 
 33.21  subdivision, with the exception of appeals taken under 
 33.22  subdivision 3b.  The commissioner may elect to become a party to 
 33.23  the proceedings in the district court.  Except for appeals under 
 33.24  subdivision 3b, any party may demand that the commissioner 
 33.25  furnish all parties to the proceedings with a copy of the 
 33.26  decision, and a transcript of any testimony, evidence, or other 
 33.27  supporting papers from the hearing held before the human 
 33.28  services referee, by serving a written demand upon the 
 33.29  commissioner within 30 days after service of the notice of 
 33.30  appeal.  Any party aggrieved by the failure of an adverse party 
 33.31  to obey an order issued by the commissioner under subdivision 5 
 33.32  may compel performance according to the order in the manner 
 33.33  prescribed in sections 586.01 to 586.12. 
 33.34     Sec. 44.  Minnesota Statutes 1998, section 256.98, 
 33.35  subdivision 1, is amended to read: 
 33.36     Subdivision 1.  [WRONGFULLY OBTAINING ASSISTANCE.] A person 
 34.1   who commits any of the following acts or omissions with intent 
 34.2   to defeat the purposes of sections 145.891 to 145.897, 256.12, 
 34.3   256.031 to 256.361, 256.72 to 256.871, 256.9365, 256.94 to 
 34.4   256.966, ~~child care, MFIP-S~~ MFIP, chapter 256B, 256D, 256J, 
 34.5   256K, ~~or~~ 256L, child care assistance programs, or all of these 
 34.6   sections, is guilty of theft and shall be sentenced under 
 34.7   section 609.52, subdivision 3, clauses (1) to (5): 
 34.8      (1) obtains or attempts to obtain, or aids or abets any 
 34.9   person to obtain by means of a willfully false statement or 
 34.10  representation, by intentional concealment of any material fact, 
 34.11  or by impersonation or other fraudulent device, assistance or 
 34.12  the continued receipt of assistance, to include child 
 34.13  care assistance or vouchers produced according to sections 
 34.14  145.891 to 145.897 and MinnesotaCare services according to 
 34.15  sections 256.9365, 256.94, and 256L.01 to 256L.16, to which the 
 34.16  person is not entitled or assistance greater than that to which 
 34.17  the person is entitled; 
 34.18     (2) knowingly aids or abets in buying or in any way 
 34.19  disposing of the property of a recipient or applicant of 
 34.20  assistance without the consent of the county agency; or 
 34.21     (3) obtains or attempts to obtain, alone or in collusion 
 34.22  with others, the receipt of payments to which the individual is 
 34.23  not entitled as a provider of subsidized child care, or by 
 34.24  furnishing or concurring in a willfully false claim for child 
 34.25  care assistance. 
 34.26     The continued receipt of assistance to which the person is 
 34.27  not entitled or greater than that to which the person is 
 34.28  entitled as a result of any of the acts, failure to act, or 
 34.29  concealment described in this subdivision shall be deemed to be 
 34.30  continuing offenses from the date that the first act or failure 
 34.31  to act occurred. 
 34.32     Sec. 45.  Minnesota Statutes 1998, section 256.98, 
 34.33  subdivision 7, is amended to read: 
 34.34     Subd. 7.  [DIVISION OF RECOVERED AMOUNTS.] Except for 
 34.35  recoveries under chapter 119B, if the state is responsible for 
 34.36  the recovery, the amounts recovered shall be paid to the 
 35.1   appropriate units of government as provided under section 
 35.2   256.863.  If the recovery is directly attributable to a county, 
 35.3   the county may retain one-half of the nonfederal share of any 
 35.4   recovery from a recipient or the recipient's estate. 
 35.5      This subdivision does not apply to recoveries from medical 
 35.6   providers or to recoveries involving the department of human 
 35.7   services, surveillance and utilization review division, state 
 35.8   hospital collections unit, and the benefit recoveries division. 
 35.9      Sec. 46.  Minnesota Statutes 1998, section 256.98, 
 35.10  subdivision 8, is amended to read: 
 35.11     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] Any person found 
 35.12  to be guilty of wrongfully obtaining assistance by a federal or 
 35.13  state court or by an administrative hearing determination, or 
 35.14  waiver thereof, through a disqualification consent agreement, or 
 35.15  as part of any approved diversion plan under section 401.065, or 
 35.16  any court-ordered stay which carries with it any probationary or 
 35.17  other conditions, in the aid to families with dependent children 
 35.18  program, the Minnesota family assistance program-statewide, the 
 35.19  food stamp program, the Minnesota family investment plan, ~~child~~ 
 35.20  ~~care program,~~ the general assistance or family general 
 35.21  assistance program, or the Minnesota supplemental aid program 
 35.22  shall be disqualified from that program.  The needs of that 
 35.23  individual shall not be taken into consideration in determining 
 35.24  the grant level for that assistance unit:  
 35.25     (1) for one year after the first offense; 
 35.26     (2) for two years after the second offense; and 
 35.27     (3) permanently after the third or subsequent offense.  
 35.28     The period of program disqualification shall begin on the 
 35.29  date stipulated on the advance notice of disqualification 
 35.30  without possibility of postponement for administrative stay or 
 35.31  administrative hearing and shall continue through completion 
 35.32  unless and until the findings upon which the sanctions were 
 35.33  imposed are reversed by a court of competent jurisdiction.  The 
 35.34  period for which sanctions are imposed is not subject to 
 35.35  review.  The sanctions provided under this subdivision are in 
 35.36  addition to, and not in substitution for, any other sanctions 
 36.1   that may be provided for by law for the offense involved.  A 
 36.2   disqualification established through hearing or waiver shall 
 36.3   result in the disqualification period beginning immediately 
 36.4   unless the person has become otherwise ineligible for 
 36.5   assistance.  If the person is ineligible for assistance, the 
 36.6   disqualification period begins when the person again meets the 
 36.7   eligibility criteria of the program from which they were 
 36.8   disqualified and makes application for that program. 
 36.9      Sec. 47.  Minnesota Statutes 1998, section 256.983, 
 36.10  subdivision 3, is amended to read: 
 36.11     Subd. 3.  [DEPARTMENT RESPONSIBILITIES.] The commissioner 
 36.12  shall establish training programs which shall be attended by all 
 36.13  investigative and supervisory staff of the involved county 
 36.14  agencies.  The commissioner shall also develop the necessary 
 36.15  operational guidelines, forms, and reporting mechanisms, which 
 36.16  shall be used by the involved county agencies.  An individual's 
 36.17  application or redetermination form ~~shall~~ for public assistance 
 36.18  benefits, including child care assistance programs and medical 
 36.19  care programs, must include an authorization for release by the 
 36.20  individual to obtain documentation for any information on that 
 36.21  form which is involved in a fraud prevention investigation.  The 
 36.22  authorization for release ~~would be~~ is effective ~~until~~ for six 
 36.23  months after public assistance benefits have ceased. 
 36.24     Sec. 48.  Minnesota Statutes 1998, section 256.983, 
 36.25  subdivision 4, is amended to read: 
 36.26     Subd. 4.  [FUNDING.] (a) County agency reimbursement shall 
 36.27  be made through the settlement provisions applicable to the ~~aid~~ 
 36.28  ~~to families with dependent children program,~~ food stamp program, 
 36.29  ~~Minnesota family investment program-statewide, and~~ MFIP, child 
 36.30  care assistance programs, the medical assistance program, and 
 36.31  other federal and state-funded programs. 
 36.32     (b) The commissioner will maintain program compliance if 
 36.33  for any three consecutive month period, a county agency fails to 
 36.34  comply with fraud prevention investigation program guidelines, 
 36.35  or fails to meet the cost-effectiveness standards developed by 
 36.36  the commissioner.  This result is contingent on the commissioner 
 37.1   providing written notice, including an offer of technical 
 37.2   assistance, within 30 days of the end of the third or subsequent 
 37.3   month of noncompliance.  The county agency shall be required to 
 37.4   submit a corrective action plan to the commissioner within 30 
 37.5   days of receipt of a notice of noncompliance.  Failure to submit 
 37.6   a corrective action plan or, continued deviation from standards 
 37.7   of more than ten percent after submission of a corrective action 
 37.8   plan, will result in denial of funding for each subsequent 
 37.9   month, or billing the county agency for fraud prevention 
 37.10  investigation (FPI) service provided by the commissioner, or 
 37.11  reallocation of program grant funds, or investigative resources, 
 37.12  or both, to other counties.  The denial of funding shall apply 
 37.13  to the general settlement received by the county agency on a 
 37.14  quarterly basis and shall not reduce the grant amount applicable 
 37.15  to the FPI project. 
 37.16     Sec. 49.  Minnesota Statutes 1998, section 466.01, 
 37.17  subdivision 1, is amended to read: 
 37.18     Subdivision 1.  [MUNICIPALITY.] For the purposes of 
 37.19  sections 466.01 to 466.15, "municipality" means any city, 
 37.20  whether organized under home rule charter or otherwise, any 
 37.21  county, town, public authority, public corporation, nonprofit 
 37.22  firefighting corporation that has associated with it a relief 
 37.23  association as defined in section 424A.001, subdivision 4, 
 37.24  special district, school district, however organized, county 
 37.25  agricultural society organized pursuant to chapter 38, joint 
 37.26  powers board or organization created under section 471.59 or 
 37.27  other statute, public library, regional public library system, 
 37.28  multicounty multitype library system, the following local 
 37.29  collaboratives whose plans have been approved by the children's 
 37.30  cabinet:  family services ~~collaborative~~ collaboratives 
 37.31  established under section 124D.23, children's mental health 
 37.32  collaboratives established under sections 245.491 to 245.496, or 
 37.33  a collaborative established by the merger of a children's mental 
 37.34  health collaborative and a family services collaborative, other 
 37.35  political subdivision, or community action agency. 
 37.36     Sec. 50.  Laws 1997, chapter 162, article 2, section 28, 
 38.1   subdivision 6, is amended to read: 
 38.2      Subd. 6.  [PROGRAM COMPONENTS.] An adolescent parenting 
 38.3   program must include: 
 38.4      (1) a high quality educational program provided in the 
 38.5   least restrictive environment that includes strategies to ensure 
 38.6   access to educational services, including flexible attendance 
 38.7   policies and class scheduling, and grants academic credit for 
 38.8   all work completed; 
 38.9      (2) to the extent possible, collaboration with other 
 38.10  governmental agencies and community-based organizations to 
 38.11  provide on-site support services, including child care; 
 38.12     (3) an individualized learning plan for each eligible 
 38.13  student that includes career goals; 
 38.14     (4) assurance of compliance with requirements of Public Law 
 38.15  Number 92-318, title IX, prohibiting discrimination against 
 38.16  students due to their pregnant or parenting status; 
 38.17     (5) courses in parent education and life skills; 
 38.18     (6) accountability measures for student performance linked 
 38.19  to graduation standards; 
 38.20     (7) professional development opportunities on adolescent 
 38.21  pregnancy and parenting issues and strategies to achieve 
 38.22  academic success with this student population; 
 38.23     (8) a system to document that adolescent parenting and 
 38.24  prevention support funds were used to provide support services 
 38.25  to eligible students; 
 38.26     (9) a comprehensive assessment of the district's adolescent 
 38.27  pregnancy prevention programs and recommendations for 
 38.28  improvements; 
 38.29     (10) a system for collecting and reporting specific student 
 38.30  data, including goals and outcome measurements; ~~and~~ 
 38.31     (11) a program advisory council, which may consist of an 
 38.32  existing local council; and 
 38.33     (12) transportation options for parents and their children, 
 38.34  including allowing transportation on district buses along 
 38.35  existing routes. 
 38.36     Sec. 51.  Laws 1997, chapter 248, section 46, as amended by 
 39.1   Laws 1997, First Special Session chapter 5, section 10, and Laws 
 39.2   1998, chapter 407, article 6, section 112, is amended to read: 
 39.3      Sec. 46.  [UNLICENSED CHILD CARE PROVIDERS; INTERIM 
 39.4   EXPANSION.] 
 39.5      (a) Notwithstanding Minnesota Statutes, section 245A.03, 
 39.6   subdivision 2, clause (2), until June 30, ~~1999~~ 2000, 
 39.7   nonresidential child care programs or services that are provided 
 39.8   by an unrelated individual to persons from two or three other 
 39.9   unrelated families are excluded from the licensure provisions of 
 39.10  Minnesota Statutes, chapter 245A, provided that: 
 39.11     (1) the individual provides services at any one time to no 
 39.12  more than four children who are unrelated to the individual; 
 39.13     (2) no more than two of the children are under two years of 
 39.14  age; and 
 39.15     (3) the total number of children being cared for at any one 
 39.16  time does not exceed five. 
 39.17     (b) Paragraph (a), clauses (1) to (3), do not apply to:  
 39.18     (1) nonresidential programs that are provided by an 
 39.19  unrelated individual to persons from a single related family; 
 39.20     (2) a child care provider whose child care services meet 
 39.21  the criteria in paragraph (a), clauses (1) to (3), but who 
 39.22  chooses to apply for licensure; 
 39.23     (3) a child care provider who, as an applicant for 
 39.24  licensure or as a license holder, has received a license denial 
 39.25  under Minnesota Statutes, section 245A.05, a fine under 
 39.26  Minnesota Statutes, section 245A.06, or a sanction under 
 39.27  Minnesota Statutes, section 245A.07, from the commissioner that 
 39.28  has not been reversed on appeal; or 
 39.29     (4) a child care provider, or a child care provider who has 
 39.30  a household member who, as a result of a licensing process, has 
 39.31  a disqualification under Minnesota Statutes, chapter 245A, that 
 39.32  has not been set aside by the commissioner. 
 39.33     Sec. 52.  [STATE MONEY TO BE USED AS MATCH FOR 
 39.34  WELFARE-TO-WORK GRANT MONEY.] 
 39.35     Subdivision 1.  [STATE EXPENDITURES.] The commissioner of 
 39.36  finance, in cooperation with the commissioners of children, 
 40.1   families, and learning and human services, shall use up to 
 40.2   $5,000,000 of state expenditures on child care assistance to 
 40.3   families who are enrolled in Welfare-to-Work programs or 
 40.4   expenditures on employment and training grants to provide a 
 40.5   state match to obtain federal Welfare-to-Work grant money.  
 40.6      Subd. 2.  [WELFARE-TO-WORK GRANT EXPENDITURES.] The federal 
 40.7   fiscal year 1998 and federal fiscal year 1999 Welfare-to-Work 
 40.8   grant for Minnesota that is set aside under federal law for 
 40.9   state discretionary expenditures shall be used to provide child 
 40.10  care assistance under Minnesota Statutes, chapter 119B, or for 
 40.11  adult education programs under Minnesota Statutes, chapter 124D, 
 40.12  for families who meet Welfare-to-Work eligibility requirements.  
 40.13  The department of economic security and the department of 
 40.14  children, families, and learning may use up to a combined total 
 40.15  of five percent of the Welfare-to-Work grant money obtained with 
 40.16  the match under subdivision 1 for administrative expenditures. 
 40.17     Subd. 3.  [TRANSFER.] The commissioner of economic 
 40.18  security, pursuant to an interagency agreement, shall transfer 
 40.19  $1,350,000 of the federal Welfare-to-Work grant to the 
 40.20  commissioner of children, families, and learning to be used for 
 40.21  grants to counties to provide child care assistance under 
 40.22  Minnesota Statutes, chapter 119B, or for adult education 
 40.23  programs under Minnesota Statutes, chapter 124D, for persons 
 40.24  involved in a work activity or having an individual 
 40.25  self-sufficiency plan.  The commissioner of children, families, 
 40.26  and learning shall issue a request for proposals for this 
 40.27  purpose.  These grants shall not be used to supplant existing 
 40.28  local, state, or federal funds and must be used in conjunction 
 40.29  with Welfare-to-Work activities. 
 40.30     Subd. 4.  [ALLOCATION.] The commissioner of finance, in 
 40.31  conjunction with the commissioner of children, families, and 
 40.32  learning, shall allocate federal and state child care assistance 
 40.33  money in the state child care fund to ensure that state child 
 40.34  care assistance expenditures used for the Welfare-to-Work match 
 40.35  exceeds the amount of state expenditures necessary to meet the 
 40.36  TANF maintenance of effort requirement. 
 41.1      Sec. 53.  [CHILDHOOD LEARNING MATERIALS; CONTRIBUTIONS.] 
 41.2      The commissioner of children, families, and learning shall 
 41.3   initiate contacts with businesses and other organizations to 
 41.4   encourage them to donate materials designed to help families 
 41.5   interact with their children during the first four years of life 
 41.6   in ways that will help develop the skills and abilities 
 41.7   necessary to succeed in reading and in school.  The goal of this 
 41.8   cooperative effort shall be to provide learning materials for 
 41.9   children under age five through an alliance of business, 
 41.10  nonprofit organizations, and government.  The commissioner shall 
 41.11  provide testimony on the status of this project by February 1, 
 41.12  2000, to the house and senate committees with jurisdiction over 
 41.13  family and early childhood education. 
 41.14     Sec. 54.  [PLAN FOR INTEGRATION OF PROGRAMS AND SERVICES.] 
 41.15     The commissioner of children, families, and learning shall 
 41.16  develop a plan for integrating child care and early childhood 
 41.17  education programs and services.  The plan must focus on 
 41.18  cost-efficient delivery of services and address central location 
 41.19  of programs, integration of programs, ease of accessibility to 
 41.20  services by families, nontraditional hours of child care, infant 
 41.21  care, sick child care, special needs child care, and legislative 
 41.22  simplification of programs.  The commissioner shall consult with 
 41.23  representatives from a variety of for-profit, nonprofit, and 
 41.24  publicly funded child care and early childhood education 
 41.25  programs and services in developing the plan.  The plan must 
 41.26  contain budget recommendations, proposed legislation in draft 
 41.27  form, and recommendations for financial incentives to reward 
 41.28  programs that provide cooperative services.  The commissioner 
 41.29  must report on the plan by January 15, 2000, to the senate and 
 41.30  house committees having jurisdiction over child care and early 
 41.31  childhood education programs. 
 41.32     Sec. 55.  [CONSOLIDATION PLAN.] 
 41.33     The commissioner of children, families, and learning shall 
 41.34  identify potential obstacles to the consolidation of MFIP, 
 41.35  transition year, and basic sliding fee child care programs into 
 41.36  one child care assistance program and shall study ways to 
 42.1   achieve this consolidation during the 2002-2003 biennium.  The 
 42.2   commissioner shall testify before relevant house and senate 
 42.3   committees on this matter during the year 2000 session. 
 42.4      Sec. 56.  [REVISOR INSTRUCTIONS.] 
 42.5      The revisor of statutes shall delete "AFDC" and insert 
 42.6   "MFIP" in the headnote of Minnesota Statutes, section 119B.05. 
 42.7      The revisor of statutes shall change the term "learning 
 42.8   readiness" to "school readiness" wherever it appears in 
 42.9   Minnesota Statutes and Minnesota Rules in connection with the 
 42.10  learning readiness programs regulated under Minnesota Statutes, 
 42.11  chapter 124D. 
 42.12     Sec. 57.  [APPROPRIATIONS.] 
 42.13     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 42.14  LEARNING.] The sums indicated in this section are appropriated 
 42.15  from the general fund to the department of children, families, 
 42.16  and learning for the fiscal years designated.  
 42.17     Subd. 2.  [SCHOOL READINESS PROGRAM REVENUE.] For revenue 
 42.18  for school readiness programs according to Minnesota Statutes, 
 42.19  sections 124D.15 and 124D.16: 
 42.20       $10,395,000    .....     2000
 42.21       $10,395,000    .....     2001
 42.22     The 2000 appropriation includes $1,040,000 for 1999 and 
 42.23  $9,355,000 for 2000. 
 42.24     The 2001 appropriation includes $1,040,000 for 2000 and 
 42.25  $9,355,000 for 2001.  
 42.26     Any balance in the first year does not cancel but is 
 42.27  available in the second year. 
 42.28     Subd. 3.  [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 
 42.29  childhood family education aid according to Minnesota Statutes, 
 42.30  section 124D.135: 
 42.31       $17,991,000    .....     2000 
 42.32       $19,239,000    .....     2001
 42.33     The 2000 appropriation includes $1,390,000 for 1999 and 
 42.34  $16,601,000 for 2000.  
 42.35     The 2001 appropriation includes $1,844,000 for 2000 and 
 42.36  $17,395,000 for 2001.  
 43.1      Any balance in the first year does not cancel but is 
 43.2   available in the second year. 
 43.3      Subd. 4.  [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 
 43.4   health and developmental screening aid according to Minnesota 
 43.5   Statutes, sections 121A.17 and 121A.19: 
 43.6        $1,550,000     .....     2000 
 43.7        $1,550,000     .....     2001 
 43.8      The 2000 appropriation includes $155,000 for 1999 and 
 43.9   $1,395,000 for 2000.  
 43.10     The 2001 appropriation includes $155,000 for 2000 and 
 43.11  $1,395,000 for 2001.  
 43.12     Any balance in the first year does not cancel but is 
 43.13  available in the second year. 
 43.14     Subd. 5.  [WAY TO GROW.] For grants for existing way to 
 43.15  grow programs according to Minnesota Statutes, section 124D.17:  
 43.16       $475,000       .....     2000
 43.17       $475,000       .....     2001
 43.18     Any balance in the first year does not cancel but is 
 43.19  available in the second year. 
 43.20     Subd. 6.  [HEAD START PROGRAMS.] For Head Start programs 
 43.21  according to Minnesota Statutes, section 119A.52: 
 43.22       $18,375,000    .....     2000
 43.23       $18,375,000    .....     2001
 43.24     $1,000,000 each year must be used for grants to local Head 
 43.25  Start agencies for full-year programming for children ages 0 to 
 43.26  3.  The programs may provide services for pregnant women.  
 43.27  Programs must comply with applicable federal Head Start 
 43.28  performance standards.  Grantees may use state grant funds to 
 43.29  provide services in addition to those allowed under federal Head 
 43.30  Start regulations.  In awarding grants, the commissioner must 
 43.31  give priority to continue existing programs.  Any additional 
 43.32  money must be distributed to local Head Start agencies to expand 
 43.33  full-year programming for children ages 0 to 3. 
 43.34     Any balance in the first year does not cancel but is 
 43.35  available in the second year. 
 43.36     Subd. 7.  [SCHOOL-AGE CARE AID.] For school-age care aid 
 44.1   according to Minnesota Statutes, section 124D.22: 
 44.2        $274,000       .....     2000 
 44.3        $216,000       .....     2001
 44.4      The 2000 appropriation includes $30,000 for 1999 and 
 44.5   $244,000 for 2000. 
 44.6      The 2001 appropriation includes $27,000 for 2000 and 
 44.7   $189,000 for 2001. 
 44.8      Any balance in the first year does not cancel but is 
 44.9   available in the second year. 
 44.10     Subd. 8.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 44.11  assistance according to Minnesota Statutes, section 119B.03: 
 44.12       $20,751,000    .....     2000 
 44.13       $20,751,000    .....     2001
 44.14     Any balance in the first year does not cancel but is 
 44.15  available the second year. 
 44.16     Subd. 9.  [MFIP CHILD CARE.] For child care assistance 
 44.17  according to Minnesota Statutes, section 119B.05: 
 44.18       $87,688,000    .....     2000 
 44.19       $90,069,000    .....     2001
 44.20     Any balance in the first year does not cancel but is 
 44.21  available in the second year.  Funds appropriated but not 
 44.22  expended in the biennium beginning July 1, 1999, do not cancel 
 44.23  and must be deposited in the child care reserve account under 
 44.24  Minnesota Statutes, section 119B.075. 
 44.25     Subd. 10.  [CHILD CARE DEVELOPMENT.] For child care 
 44.26  services development grants according to Minnesota Statutes, 
 44.27  section 119B.21: 
 44.28       $1,865,000      .....     2000
 44.29       $1,865,000      .....     2001
 44.30     Any balance in the first year does not cancel but is 
 44.31  available in the second year. 
 44.32     Sec. 58.  [FEDERAL TANF TRANSFERS.] 
 44.33     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, and 
 44.34  LEARNING.] The sums indicated in this section are transferred 
 44.35  from the state's federal TANF block grant to the child care and 
 44.36  development fund and appropriated to the commissioner of 
 45.1   children, families, and learning for the fiscal years 
 45.2   designated, except that $15,000,000 shall also be transferred in 
 45.3   fiscal years 2002 and 2003.  The commissioner shall ensure that 
 45.4   all transferred funds are expended in accordance with the child 
 45.5   care and development fund regulations and that the maximum 
 45.6   allowable transferred funds are used for the programs in this 
 45.7   section. 
 45.8      If money is appropriated for the same purposes of this 
 45.9   section in another act in the 1999 session, or any 1999 special 
 45.10  session, then the appropriation in that act must be reduced by 
 45.11  the amount of money appropriated in this section. 
 45.12     Subd. 2.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 45.13  assistance according to Minnesota Statutes, section 119B.03:  
 45.14       $44,425,000    .....     2000 
 45.15       $44,555,000    .....     2001 
 45.16     Subd. 3.  [CHILD CARE DEVELOPMENT.] For child care services 
 45.17  development grants according to Minnesota Statutes, section 
 45.18  119B.21:  
 45.19       $1,275,000     .....     2000 
 45.20       $  570,000     .....     2001 
 45.21     This appropriation must be used for technical assistance 
 45.22  grants to assist child care providers with enhanced 
 45.23  registrations in obtaining their license. 
 45.24     Sec. 59.  [REPEALER.] 
 45.25     Minnesota Statutes 1998, sections 119B.01, subdivision 12a; 
 45.26  119B.03, subdivision 7; 119B.05, subdivision 6; 119B.17; and 
 45.27  124D.14, are repealed.  
 45.28                             ARTICLE 2 
 45.29                    COMMUNITY AND SYSTEMS CHANGE 
 45.30     Section 1.  [APPROPRIATIONS.] 
 45.31     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 45.32  LEARNING.] The sums indicated in this section are appropriated 
 45.33  from the general fund to the department of children, families, 
 45.34  and learning for the fiscal years designated. 
 45.35     Subd. 2.  [FAMILY SERVICES COLLABORATIVES.] For family 
 45.36  services collaboratives according to Laws 1995, First Special 
 46.1   Session chapter 3, article 4, section 29, subdivision 10: 
 46.2        $4,777,000     .....     2000
 46.3        $2,535,000     .....     2001
 46.4      No new family services collaboratives shall be funded with 
 46.5   this appropriation after June 30, 1999. 
 46.6      Any balance in the first year does not cancel but is 
 46.7   available in the second year. 
 46.8      Subd. 3.  [COMMUNITY EDUCATION AID.] For community 
 46.9   education aid according to Minnesota Statutes, section 124D.20: 
 46.10       $14,136,000    .....     2000 
 46.11       $14,696,000    .....     2001 
 46.12     The 2000 appropriation includes $160,000 for 1999 and 
 46.13  $13,976,000 for 2000.  
 46.14     The 2001 appropriation includes $1,552,000 for 2000 and 
 46.15  $13,144,000 for 2001.  
 46.16     Any balance the first year does not cancel but is available 
 46.17  in the second year. 
 46.18     Subd. 4.  [ADULTS WITH DISABILITIES PROGRAM AID.] For 
 46.19  adults with disabilities programs according to Minnesota 
 46.20  Statutes, section 124D.56: 
 46.21       $670,000       .....     2000 
 46.22       $670,000       .....     2001 
 46.23     Any balance in the first year does not cancel but is 
 46.24  available in the second year. 
 46.25     Subd. 5.  [HEARING-IMPAIRED ADULTS.] For programs for 
 46.26  hearing-impaired adults according to Minnesota Statutes, section 
 46.27  124D.57: 
 46.28       $70,000        .....     2000
 46.29       $70,000        .....     2001
 46.30     Any balance in the first year does not cancel but is 
 46.31  available in the second year. 
 46.32                             ARTICLE 3
 46.33                    PREVENTION AND INTERVENTION
 46.34     Section 1.  [PREVENTION GRANTS FOR AMERICAN INDIAN YOUTH.] 
 46.35     To address the prevalence and severity of problems 
 46.36  associated with the use and abuse of tobacco, alcohol, and other 
 47.1   drugs, violence, and the consequences of unsafe sexual practices 
 47.2   among American Indian youth, and to ensure the well-being of 
 47.3   American Indian families and urban American Indian communities, 
 47.4   the commissioner of children, families, and learning shall make 
 47.5   grants to nonprofit organizations to fund culturally appropriate 
 47.6   prevention programs.  The commissioner shall develop a process, 
 47.7   forms, and criteria for making grants under this section.  The 
 47.8   commissioner shall consult with the Indian Youth Consortium on 
 47.9   the distribution of funds distributed through these grants. 
 47.10     Sec. 2.  [APPROPRIATIONS.] 
 47.11     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 47.12  LEARNING.] The sums indicated in this section are appropriated 
 47.13  from the general fund, unless otherwise indicated, to the 
 47.14  department of children, families, and learning for the fiscal 
 47.15  years designated.  
 47.16     Subd. 2.  [VIOLENCE PREVENTION EDUCATION GRANTS.] For 
 47.17  violence prevention education grants according to Minnesota 
 47.18  Statutes, section 120B.23: 
 47.19       $1,450,000     .....     2000
 47.20       $1,450,000     .....     2001
 47.21     Any balance in the first year does not cancel but is 
 47.22  available in the second year. 
 47.23     Subd. 3.  [ABUSED CHILDREN.] For abused children programs 
 47.24  according to Minnesota Statutes, section 119A.21: 
 47.25       $945,000       .....     2000 
 47.26       $945,000       .....     2001 
 47.27     Any balance in the first year does not cancel but is 
 47.28  available in the second year. 
 47.29     Subd. 4.  [CHILDREN'S TRUST FUND.] For children's trust 
 47.30  fund according to Minnesota Statutes, sections 119A.12 and 
 47.31  119A.13: 
 47.32       $225,000       .....     2000
 47.33       $225,000       .....     2001
 47.34     Any balance in the first year does not cancel but is 
 47.35  available in the second year. 
 47.36     Subd. 5.  [AFTER SCHOOL ENRICHMENT GRANTS.] For after 
 48.1   school enrichment grants according to Laws 1996, chapter 412, 
 48.2   article 4, section 30: 
 48.3        $6,679,000     .....     2000
 48.4        $6,679,000     .....     2001
 48.5      Of this amount, $200,000 each year is for programs that 
 48.6   make state armories available to communities for youth 
 48.7   recreational and enrichment activities.  This amount must be 
 48.8   matched within one year with local funds on a $1 to $1 match. 
 48.9      Of this amount, $50,000 in fiscal year 2000 is for 
 48.10  prevention grants for American Indian youth under section 1.  
 48.11  Any balance in the first year does not cancel but is available 
 48.12  in the second year. 
 48.13     Of this amount, $500,000 each year is for male 
 48.14  responsibility and fathering grants according to Minnesota 
 48.15  Statutes, section 124D.33, and $1,419,000 each year is for 
 48.16  adolescent parenting grants according to Laws 1997, chapter 162, 
 48.17  article 2, section 28.  The commissioner shall award these 
 48.18  grants on a statewide basis. 
 48.19     Any balance in the first year does not cancel but is 
 48.20  available in the second year. 
 48.21     Subd. 6.  [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 
 48.22  funds received under Minnesota Statutes, section 171.29, 
 48.23  subdivision 2, paragraph (b), clause (4): 
 48.24       $200,000       .....     2000
 48.25       $200,000       .....     2001
 48.26     (b) These appropriations are from the alcohol-impaired 
 48.27  driver account of the special revenue fund to the department of 
 48.28  children, families, and learning for chemical abuse prevention 
 48.29  grants.  
 48.30     (c) Up to $200,000 each year may be used for chemical abuse 
 48.31  prevention grants to provide a match for at least two community 
 48.32  collaborative projects for children and youth developed by a 
 48.33  regional organization established under Minnesota Statutes. 
 48.34     The regional organization must include a broad 
 48.35  cross-section of public and private sector community 
 48.36  representatives to address specific community needs of children 
 49.1   and youth.  A regional organization that receives a grant must 
 49.2   provide a two-to-one match of nonstate dollars. 
 49.3      Subd. 7.  [FAMILY VISITATION CENTERS.] For family 
 49.4   visitation center grants according to Minnesota Statutes, 
 49.5   section 119A.37: 
 49.6        $200,000       .....     2000
 49.7        $200,000       .....     2001
 49.8      Any balance in the first year does not cancel but is 
 49.9   available in the second year. 
 49.10     In addition to the amounts appropriated from the general 
 49.11  fund for family visitation center grants each fiscal year, 
 49.12  $96,000 in fiscal year 2000 and $96,000 in fiscal year 2001 is 
 49.13  appropriated from the special revenue fund under Minnesota 
 49.14  Statutes, section 517.08, subdivision 1c, for family visitation 
 49.15  centers.  Any balance in the first year does not cancel but is 
 49.16  available for the second year. 
 49.17                             ARTICLE 4 
 49.18               SELF-SUFFICIENCY AND LIFELONG LEARNING 
 49.19     Section 1.  Minnesota Statutes 1998, section 16B.405, 
 49.20  subdivision 2, is amended to read: 
 49.21     Subd. 2.  [SOFTWARE SALE FUND.] (a) Except as provided in 
 49.22  ~~paragraph (b)~~ paragraphs (b) and (c), proceeds of the sale or 
 49.23  licensing of software products or services by the commissioner 
 49.24  must be credited to the intertechnologies revolving fund.  If a 
 49.25  state agency other than the department of administration has 
 49.26  contributed to the development of software sold or licensed 
 49.27  under this section, the commissioner may reimburse the agency by 
 49.28  discounting computer services provided to that agency. 
 49.29     (b) Proceeds of the sale or licensing of software products 
 49.30  or services developed by the pollution control agency, or custom 
 49.31  developed by a vendor for the agency, must be credited to the 
 49.32  environmental fund. 
 49.33     (c) Proceeds of the sale or licensing of software products 
 49.34  or services developed by the department of children, families, 
 49.35  and learning, or custom developed by a vendor for the agency, to 
 49.36  support the achieved savings assessment program, must be 
 50.1   credited to the weatherization program to support weatherization 
 50.2   activities. 
 50.3      Sec. 2.  Minnesota Statutes 1998, section 124D.53, 
 50.4   subdivision 3, is amended to read: 
 50.5      Subd. 3.  [AID.] Adult basic education aid for each 
 50.6   approved program equals ~~65 percent of the general education~~ 
 50.7   ~~formula allowance~~ $2,295 for fiscal year 2000 and $2,338 for 
 50.8   fiscal year 2001 and later fiscal years times the number of 
 50.9   full-time equivalent students in its adult basic education 
 50.10  program. 
 50.11     Sec. 3.  Minnesota Statutes 1998, section 124D.54, 
 50.12  subdivision 1, is amended to read: 
 50.13     Subdivision 1.  [AID ELIGIBILITY.] ~~For fiscal years 1998~~ 
 50.14  ~~and later,~~ Adult high school graduation aid for eligible pupils 
 50.15  age 21 or over~~,~~ equals ~~65 percent of the general education~~ 
 50.16  ~~formula allowance~~ $2,295 for fiscal year 2000 and $2,338 for 
 50.17  fiscal year 2001 and later fiscal years times 1.30 times the 
 50.18  average daily membership under section 126C.05, subdivision 12.  
 50.19  Adult high school graduation aid must be paid in addition to any 
 50.20  other aid to the district.  Pupils age 21 or over may not be 
 50.21  counted by the district for any purpose other than adult high 
 50.22  school graduation aid. 
 50.23     Sec. 4.  [APPROPRIATIONS.] 
 50.24     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 50.25  LEARNING.] The sums indicated in this section are appropriated 
 50.26  from the general fund to the department of children, families, 
 50.27  and learning for the fiscal years designated. 
 50.28     Subd. 2.  [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 
 50.29  Minnesota economic opportunity grants: 
 50.30       $8,514,000    .....     2000
 50.31       $8,514,000    .....     2001
 50.32     Any balance in the first year does not cancel but is 
 50.33  available in the second year. 
 50.34     Subd. 3.  [TRANSITIONAL HOUSING PROGRAMS.] For transitional 
 50.35  housing programs according to Minnesota Statutes, section 
 50.36  119A.43: 
 51.1        $3,142,000     .....     2000
 51.2        $3,142,000     .....     2001
 51.3      Of this amount, $50,000 each year is for transitional 
 51.4   housing services for homeless veterans and $50,000 each year is 
 51.5   for a grant to the Kids Capacity Initiative program in Hennepin 
 51.6   county. 
 51.7      Any balance in the first year does not cancel but is 
 51.8   available in the second year. 
 51.9      Subd. 4.  [FOOD SHELF PROGRAM.] For food shelf programs 
 51.10  according to Minnesota Statutes, section 119A.44: 
 51.11       $1,278,000     .....     2000
 51.12       $1,278,000     .....     2001
 51.13     Any balance in the first year does not cancel but is 
 51.14  available in the second year. 
 51.15     Subd. 5.  [ADULT BASIC EDUCATION AID.] For adult basic 
 51.16  education aid according to Minnesota Statutes, section 124D.52, 
 51.17  in fiscal year 2000 and Minnesota Statutes, section 124D.53, in 
 51.18  fiscal year 2001:  
 51.19       $19,104,000    .....     2000
 51.20       $22,544,000    .....     2001 
 51.21     The 2000 appropriation includes $1,227,000 for 1999 and 
 51.22  $17,877,000 for 2000.  
 51.23     The 2001 appropriation includes $1,986,000 for 2000 and 
 51.24  $20,558,000 for 2001.  
 51.25     Subd. 6.  [ADULT GRADUATION AID.] For adult graduation aid 
 51.26  according to Minnesota Statutes, section 124D.54: 
 51.27       $4,264,000     .....     2000
 51.28       $4,852,000     .....     2001
 51.29     The 2000 appropriation includes $258,000 for 1999 and 
 51.30  $4,006,000 for 2000.  
 51.31     The 2001 appropriation includes $445,000 for 2000 and 
 51.32  $4,407,000 for 2001.  
 51.33     Subd. 7.  [GED TESTS.] For payment of 60 percent of the 
 51.34  costs of GED tests according to Laws 1993, chapter 224, article 
 51.35  4, section 44, subdivision 10: 
 51.36       $125,000       .....     2000
 52.1        $125,000       .....     2001
 52.2      Any balance in the first year does not cancel but is 
 52.3   available in the second year. 
 52.4      Subd. 8.  [EMERGENCY SERVICES.] For emergency services 
 52.5   grants according to Laws 1997, chapter 162, article 3, section 7:
 52.6        $1,500,000     .....     2000
 52.7        $1,500,000     .....     2001
 52.8      Any balance in the first year does not cancel but is 
 52.9   available in the second year.  
 52.10     Subd. 9.  [LEAD HAZARD REDUCTION PROJECT.] For a grant to a 
 52.11  nonprofit organization currently operating the CLEARCorps lead 
 52.12  hazard reduction project: 
 52.13       $375,000       .....     2000
 52.14       $375,000       .....     2001
 52.15     Any balance the first year does not cancel but may be 
 52.16  carried forward to the second year.  This appropriation shall be 
 52.17  part of the base for the 2002-2003 biennium. 
 52.18     Subd. 10.  [FAMILY ASSETS PROGRAM.] For a grant to the 
 52.19  Ramsey Action Program to provide matching grants to fiduciary 
 52.20  organizations for the family assets program under Laws 1998, 
 52.21  First Special Session chapter 1, article 1, sections 6 to 12: 
 52.22       $250,000       .....     2000
 52.23       $250,000       .....     2001
 52.24     Any balance in the first year does not cancel but is 
 52.25  available in the second year. 
 52.26                             ARTICLE 5
 52.27                   RESOURCE AND REFERRAL PROGRAMS
 52.28     Section 1.  Minnesota Statutes 1998, section 119B.01, 
 52.29  subdivision 1, is amended to read: 
 52.30     Subdivision 1.  [SCOPE.] For the purposes of ~~sections~~ 
 52.31  ~~119B.01 to 119B.19~~ this chapter, the following terms have the 
 52.32  meanings given. 
 52.33     Sec. 2.  Minnesota Statutes 1998, section 119B.01, is 
 52.34  amended by adding a subdivision to read: 
 52.35     Subd. 18.  [NONLICENSED CHILD CARE PROVIDER.] "Nonlicensed 
 52.36  child care provider" means a child care provider who is excluded 
 53.1   from licensing requirements under section 245A.03, subdivision 2.
 53.2      Sec. 3.  Minnesota Statutes 1998, section 119B.19, 
 53.3   subdivision 1, is amended to read: 
 53.4      Subdivision 1.  [~~AUTHORITY~~ DISTRIBUTION OF FUNDS FOR 
 53.5   OPERATION OF CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The 
 53.6   commissioner of children, families, and learning ~~may make grants~~ 
 53.7   shall distribute funds to public or private nonprofit 
 53.8   ~~agencies~~ organizations for the planning, establishment, 
 53.9   expansion, improvement, or operation of child care resource and 
 53.10  referral programs ~~and child care services according to the~~ 
 53.11  ~~provisions of~~ under this section ~~and may make grants to county~~ 
 53.12  ~~boards to carry out the purposes of sections 119B.19 to~~ 
 53.13  ~~119B.21~~.  The commissioner must adopt rules for programs under 
 53.14  this section and sections 119B.20 and 119B.21.  The commissioner 
 53.15  must develop a process to fund organizations to operate child 
 53.16  care resource and referral programs that includes application 
 53.17  forms, timelines, and standards for renewal. 
 53.18     Sec. 4.  Minnesota Statutes 1998, section 119B.19, is 
 53.19  amended by adding a subdivision to read: 
 53.20     Subd. 1a.  [DESIGNATION OF ORGANIZATIONS.] The commissioner 
 53.21  shall designate an organization to administer a child care 
 53.22  resource and referral program to serve a region. 
 53.23     Sec. 5.  Minnesota Statutes 1998, section 119B.19, is 
 53.24  amended by adding a subdivision to read: 
 53.25     Subd. 6.  [BASIS FOR DISTRIBUTING FUNDS.] (a) The 
 53.26  commissioner shall distribute funds for the administration of 
 53.27  child care resource and referral programs based on the following 
 53.28  factors for each region:  
 53.29     (1) the region served by the program; 
 53.30     (2) the number of children under the age of 13 years 
 53.31  needing child care; 
 53.32     (3) the ratio of children under the age of 13 years needing 
 53.33  child care to the number of licensed spaces; 
 53.34     (4) the number of licensed child care providers and 
 53.35  school-age care programs; and 
 53.36     (5) other related factors determined by the commissioner. 
 54.1      (b) The commissioner may provide ongoing funding to a 
 54.2   designated organization for a child care resource and referral 
 54.3   program that continues to meet state standards. 
 54.4      Sec. 6.  Minnesota Statutes 1998, section 119B.19, is 
 54.5   amended by adding a subdivision to read: 
 54.6      Subd. 7.  [CHILD CARE RESOURCE AND REFERRAL 
 54.7   PROGRAMS.] Within each region, a child care resource and 
 54.8   referral program must: 
 54.9      (1) maintain one database of all existing child care 
 54.10  resources and services and one database of family referrals; 
 54.11     (2) provide a child care referral service for families; 
 54.12     (3) develop resources to meet the child care service needs 
 54.13  of families; 
 54.14     (4) increase the capacity to provide culturally responsive 
 54.15  child care services; 
 54.16     (5) coordinate professional development opportunities for 
 54.17  child care and school-age care providers; 
 54.18     (6) administer and award child care services grants; 
 54.19     (7) administer and provide loans for child development 
 54.20  education and training; and 
 54.21     (8) cooperate with the Minnesota Child Care Resource and 
 54.22  Referral Network and its member programs to develop effective 
 54.23  child care services and child care resources. 
 54.24     Sec. 7.  Minnesota Statutes 1998, section 119B.20, 
 54.25  subdivision 7, is amended to read: 
 54.26     Subd. 7.  [FACILITY IMPROVEMENT EXPENSES.] "Facility 
 54.27  improvement expenses" means ~~funds for building~~ the cost of 
 54.28  improvements, equipment, appropriate technology and software, 
 54.29  toys, and supplies needed to establish, expand, or improve a 
 54.30  licensed child care facility or a child care program under the 
 54.31  jurisdiction of a ~~local~~ district school board ~~of education~~. 
 54.32     Sec. 8.  Minnesota Statutes 1998, section 119B.20, 
 54.33  subdivision 8, is amended to read: 
 54.34     Subd. 8.  [INTERIM FINANCING.] "Interim financing" means 
 54.35  ~~funds to carry out such~~ funding for up to 18 months: 
 54.36     (1) for activities ~~as~~ that are necessary ~~for family day~~ 
 55.1   ~~care homes, group family day care homes, and child care centers~~ 
 55.2   to receive and maintain state child care licensing~~,~~; 
 55.3      (2) to expand an existing child care program or to improve 
 55.4   program quality~~,~~; and 
 55.5      (3) to ~~provide operating funds~~ operate for a period of six 
 55.6   consecutive months after a ~~family day care home, group family~~ 
 55.7   ~~day care home, or~~ child care ~~center~~ facility becomes licensed or 
 55.8   satisfies standards of the state board of education.  ~~Interim~~ 
 55.9   ~~financing may not exceed a period of 18 months.~~ 
 55.10     Sec. 9.  Minnesota Statutes 1998, section 119B.20, 
 55.11  subdivision 12, is amended to read: 
 55.12     Subd. 12.  [TRAINING PROGRAM.] "Training program" means 
 55.13  child development courses offered by an accredited 
 55.14  post-secondary institution or similar training approved by a 
 55.15  county board or the ~~department of children, families, and~~ 
 55.16  ~~learning~~ commissioner.  ~~To qualify as a training program under~~ 
 55.17  ~~this section, a course of study must teach~~ A training program 
 55.18  must be a course of study that teaches specific skills ~~that~~ to 
 55.19  meet licensing requirements or requirements of the state board 
 55.20  of education. 
 55.21     Sec. 10.  Minnesota Statutes 1998, section 119B.20, is 
 55.22  amended by adding a subdivision to read: 
 55.23     Subd. 13.  [REGION.] "Region" means a region designated by 
 55.24  the governor under section 462.385. 
 55.25     Sec. 11.  Minnesota Statutes 1998, section 119B.21, 
 55.26  subdivision 1, is amended to read: 
 55.27     Subdivision 1.  [~~GRANTS ESTABLISHED~~ DISTRIBUTION OF GRANT 
 55.28  FUNDS.] (a) The commissioner shall ~~award grants to develop child~~ 
 55.29  ~~care services, including child care service development grants~~ 
 55.30  ~~for start-up and facility improvement expenses, interim~~ 
 55.31  ~~financing, staff training expenses, and grants for child care~~ 
 55.32  ~~resource and referral programs.  Child care service development~~ 
 55.33  ~~grants may include family child care technical assistance awards~~ 
 55.34  ~~up to $1,000.~~ distribute funds to the child care resource and 
 55.35  referral programs designated under section 119B.19, subdivision 
 55.36  1a, for child care services grants under subdivision 5 and 
 56.1   family child care technical assistance grants under subdivision 
 56.2   10. 
 56.3      (b) Up to ten percent of funds appropriated for grants 
 56.4   under this section may be used by the commissioner for statewide 
 56.5   child care development initiatives, training initiatives, 
 56.6   collaboration programs, and research and data collection.  The 
 56.7   commissioner shall develop eligibility guidelines and a ~~grant~~ 
 56.8   ~~application form, inform county social service agencies about~~ 
 56.9   ~~the availability of child care services grants, and set a date~~ 
 56.10  ~~by which applications must be received by the~~ 
 56.11  ~~commissioner~~ process to distribute funds under this paragraph.  
 56.12  Child care resource and referral programs may apply for funding 
 56.13  under this paragraph.  
 56.14     Sec. 12.  Minnesota Statutes 1998, section 119B.21, 
 56.15  subdivision 2, is amended to read: 
 56.16     Subd. 2.  [~~DISTRIBUTION OF~~ BASIS FOR DISTRIBUTING GRANT 
 56.17  FUNDS.] (a) At least 90 percent of funds appropriated for grants 
 56.18  under this section may be distributed by the commissioner ~~shall~~ 
 56.19  ~~allocate grant money appropriated~~ to child care resource and 
 56.20  referral programs under section 119B.19, subdivision 1a, for 
 56.21  child care ~~service development among the development regions~~ 
 56.22  ~~designated by the governor under section 462.385,~~ 
 56.23  ~~considering~~ services grants and family child care technical 
 56.24  assistance grants based on the following factors ~~for each~~ 
 56.25  ~~economic development region~~: 
 56.26     (1) the number of children under 13 years of age needing 
 56.27  child care in the ~~service area~~ region; 
 56.28     (2) the ~~geographic area~~ region served by the ~~agency~~ 
 56.29  program; 
 56.30     (3) the ratio of children under 13 years of age needing 
 56.31  child care to the number of licensed spaces in the ~~service area~~ 
 56.32  region; 
 56.33     (4) the number of licensed child care providers and 
 56.34  ~~extended day~~ school-age ~~child~~ care programs in the ~~service area~~ 
 56.35  region; and 
 56.36     (5) other related factors determined by the commissioner. 
 57.1      (b) ~~Out of the amount allocated for each economic~~ 
 57.2   ~~development region, the commissioner shall~~ Child care resource 
 57.3   and referral programs must award child care services grants and 
 57.4   child care technical assistance grants based on the 
 57.5   recommendation of the child care regional ~~advisory~~ proposal 
 57.6   review committees under subdivision 3.  ~~In addition, the~~ 
 57.7   ~~commissioner shall award no more than 75 percent of the money~~ 
 57.8   ~~either to child care facilities for the purpose of facility~~ 
 57.9   ~~improvement or interim financing or to child care workers for~~ 
 57.10  ~~staff training expenses.~~  
 57.11     (c) ~~Any funds unobligated may be used by the commissioner~~ 
 57.12  ~~to award grants to proposals that received funding~~ 
 57.13  ~~recommendations by the regional advisory committees but were not~~ 
 57.14  ~~awarded due to insufficient funds.~~  
 57.15     ~~(d)~~ The commissioner may ~~allocate grants~~ distribute funds 
 57.16  under this section for a two-year period ~~and may carry forward~~ 
 57.17  ~~funds from the first year as necessary~~. 
 57.18     Sec. 13.  Minnesota Statutes 1998, section 119B.21, 
 57.19  subdivision 3, is amended to read: 
 57.20     Subd. 3.  [CHILD CARE REGIONAL ~~ADVISORY~~ PROPOSAL REVIEW 
 57.21  COMMITTEES.] (a) Child care regional ~~advisory~~ proposal review 
 57.22  committees ~~shall~~ must establish regional priorities and review 
 57.23  ~~and make recommendations to the commissioner on~~ applications for 
 57.24  family child care technical assistance ~~awards~~ grants and ~~service~~ 
 57.25  ~~development~~ child care services grants under this section~~.  The~~ 
 57.26  ~~commissioner~~ and make funding recommendations to the child care 
 57.27  resource and referral program designated under section 119B.19, 
 57.28  subdivision 1a.  Within each region, the committee must allocate 
 57.29  available funding between child care services grants and child 
 57.30  care technical assistance grants.  The committee must also 
 57.31  allocate funding for child care services grants for facility 
 57.32  financing purposes and provider training purposes.  The child 
 57.33  care regional advisory committees must complete their reviews 
 57.34  and forward their recommendations to the child care resource and 
 57.35  referral program by the date specified by the commissioner.  
 57.36     (b) A child care resource and referral program shall 
 58.1   ~~appoint~~ establish a process to select members of the child care 
 58.2   regional ~~advisory committees in each governor's economic~~ 
 58.3   ~~development region~~ proposal review committee.  ~~People appointed~~ 
 58.4   ~~under this subdivision~~ Members must represent the following 
 58.5   constituent groups:  family child care providers, ~~group~~ child 
 58.6   care center providers, ~~parent users~~ school-age care providers, 
 58.7   parents who use child care services, health services, social 
 58.8   services, public schools, Head Start, employers, and other 
 58.9   citizens with demonstrated interest in child care issues.  
 58.10  Members of the advisory ~~task force~~ committee with a direct 
 58.11  financial interest in a pending grant proposal may not provide a 
 58.12  recommendation or participate in the ranking of that grant 
 58.13  proposal. 
 58.14     (c) The child care resource and referral program may 
 58.15  reimburse committee members ~~may be reimbursed~~ for their actual 
 58.16  travel, child care, and child care provider substitute expenses 
 58.17  for up to six committee meetings per year.  The program may also 
 58.18  pay a stipend to parent representatives for participating in up 
 58.19  to six meetings per year.  ~~The child care regional advisory~~ 
 58.20  ~~committees shall complete their reviews and forward their~~ 
 58.21  ~~recommendations to the commissioner by the date specified by the~~ 
 58.22  ~~commissioner.~~ 
 58.23     Sec. 14.  Minnesota Statutes 1998, section 119B.21, 
 58.24  subdivision 5, is amended to read: 
 58.25     Subd. 5.  [~~PURPOSES FOR WHICH A~~ CHILD CARE ~~SERVICES GRANT~~ 
 58.26  ~~MAY BE AWARDED~~ SERVICES GRANTS.] ~~The commissioner~~ A child care 
 58.27  resource and referral program designated under section 119B.19, 
 58.28  subdivision 1a, may award child care services grants for: 
 58.29     (1) ~~child care service development grants for the following~~ 
 58.30  ~~purposes:~~ 
 58.31     ~~(i) for~~ creating new licensed ~~day~~ child care facilities and 
 58.32  expanding existing facilities, including, but not limited to, 
 58.33  supplies, equipment, facility renovation, and remodeling; 
 58.34     ~~(ii) for~~ (2) improving licensed ~~day~~ child care facility 
 58.35  programs~~, including, but not limited to, staff specialists,~~ 
 58.36  ~~staff training, supplies, equipment, and facility renovation and~~ 
 59.1   ~~remodeling~~; 
 59.2      ~~(iii) for supportive child~~ (3) staff training and 
 59.3   development services including, but not limited to, in-service 
 59.4   training, curriculum development, accreditation, certification, 
 59.5   consulting ~~specialist~~, resource centers, and program and 
 59.6   resource materials; 
 59.7      ~~(iv) for carrying out programs including, but not limited~~ 
 59.8   ~~to, staff, supplies, equipment, facility renovation, and~~ 
 59.9   ~~training;~~ 
 59.10     ~~(v) for~~ (4) interim financing; 
 59.11     ~~(vi) family child care technical assistance awards; and~~ 
 59.12     ~~(vii) for~~ (5) capacity building through the purchase of 
 59.13  appropriate technology ~~and software, and staff training to~~ 
 59.14  ~~create, enhance, and maintain financial systems for facilities;~~ 
 59.15     ~~(2) child care resource and referral program services~~ 
 59.16  ~~identified in section 119B.19, subdivision 3; or~~ 
 59.17     ~~(3) targeted recruitment initiatives to expand and build~~ 
 59.18  ~~capacity of the child care system~~ to create, enhance, and 
 59.19  maintain business management systems; 
 59.20     (6) emergency assistance for child care programs; and 
 59.21     (7) targeted recruitment initiatives to expand and build 
 59.22  the capacity of the child care system and to improve the quality 
 59.23  of care provided by nonlicensed child care providers. 
 59.24     Sec. 15.  Minnesota Statutes 1998, section 119B.21, 
 59.25  subdivision 8, is amended to read: 
 59.26     Subd. 8.  [ELIGIBLE GRANT RECIPIENTS.] ~~Eligible recipients~~ 
 59.27  ~~of~~ A designated organization may award child care services 
 59.28  grants ~~are~~ to: 
 59.29     (1) licensed providers ~~of child care, or those~~; 
 59.30     (2) providers in the process of being licensed~~, resource~~ 
 59.31  ~~and referral programs, or~~; 
 59.32     (3) corporations or public agencies~~,~~ that develop or 
 59.33  provide child care services; 
 59.34     (4) school-age care programs; or 
 59.35     (5) any combination ~~thereof~~ of clauses (1) to (4). 
 59.36  Unlicensed providers are only eligible for grants under 
 60.1   subdivision 5, clause (7).  
 60.2      Sec. 16.  Minnesota Statutes 1998, section 119B.21, 
 60.3   subdivision 9, is amended to read: 
 60.4      Subd. 9.  [GRANT MATCH REQUIREMENTS.] A recipient of a 
 60.5   child care ~~grants~~ services grant for facility improvements, 
 60.6   interim financing, ~~resource and referral, and~~ or staff training 
 60.7   and development ~~require~~ must provide a 25 percent local match ~~by~~ 
 60.8   ~~the grant applicant~~.  ~~A local match is not required for a family~~ 
 60.9   ~~child care technical assistance award.~~ 
 60.10     Sec. 17.  Minnesota Statutes 1998, section 119B.21, 
 60.11  subdivision 10, is amended to read: 
 60.12     Subd. 10.  [FAMILY CHILD CARE TECHNICAL ASSISTANCE 
 60.13  ~~AWARDS~~ GRANTS.] (a) A child care resource and referral 
 60.14  organization designated under section 119B.19, subdivision 1a, 
 60.15  may award technical assistance ~~awards for child care service~~ 
 60.16  ~~development must be used by the family child care provider~~ 
 60.17  ~~grantee~~ grants of up to $1,000.  These grants may be used for: 
 60.18     (1) facility improvements, including, but not limited to, 
 60.19  improvements to meet licensing requirements~~,~~; 
 60.20     (2) improvements to expand ~~the~~ a child care facility~~,~~ or 
 60.21  program; 
 60.22     (3) toys and equipment~~,~~; 
 60.23     (4) technology and software to create, enhance, and 
 60.24  maintain business management systems; 
 60.25     (5) start-up costs~~, interim financing, or~~; 
 60.26     (6) staff training and development; and 
 60.27     (7) other uses approved by the commissioner.  
 60.28     (b) A child care resource and referral program may award 
 60.29  family child care technical assistance grants to: 
 60.30     (1) licensed family child care providers; or 
 60.31     (2) child care providers in the process of becoming 
 60.32  licensed. 
 60.33     (c) A local match is not required for a family child care 
 60.34  technical assistance grant. 
 60.35     Sec. 18.  Minnesota Statutes 1998, section 119B.21, 
 60.36  subdivision 11, is amended to read: 
 61.1      Subd. 11.  [STATEWIDE ADVISORY TASK FORCE.] The 
 61.2   commissioner may convene a statewide advisory task force ~~which~~ 
 61.3   ~~shall~~ to advise the commissioner on statewide grants or other 
 61.4   child care issues.  The following ~~constituent~~ groups must be 
 61.5   represented:  family child care providers, child care center 
 61.6   programs, school-age care providers, ~~parent users~~ parents who 
 61.7   use child care services, health services, social services, Head 
 61.8   Start, public schools, employers, and other citizens with 
 61.9   demonstrated interest in child care issues.  ~~Each regional grant~~ 
 61.10  ~~review committee formed under subdivision 3, shall appoint a~~ 
 61.11  ~~representative to the advisory task force.~~  Additional members 
 61.12  may be appointed by the commissioner.  ~~The commissioner may~~ 
 61.13  ~~convene meetings of the task force as needed.  Terms of office~~ 
 61.14  ~~and removal from office are governed by the appointing body.~~  
 61.15  The commissioner may compensate members for their travel, child 
 61.16  care, and child care provider substitute expenses for attending 
 61.17  task force meetings ~~of the task force~~.  The commissioner may 
 61.18  also pay a stipend to parent representatives for participating 
 61.19  in task force meetings.  
 61.20     Sec. 19.  Minnesota Statutes 1998, section 119B.23, 
 61.21  subdivision 1, is amended to read: 
 61.22     Subdivision 1.  [AUTHORITY.] ~~In addition to the~~ 
 61.23  ~~commissioner's authority to make child care services grants,~~ The 
 61.24  county board is authorized to provide child care services~~,~~ or to 
 61.25  make grants from the community social service fund, special tax 
 61.26  revenue, or its general fund, or other sources to any 
 61.27  municipality, or corporation~~, or combination thereof,~~ for the 
 61.28  cost of providing technical assistance ~~and~~ or child care 
 61.29  services.  The county board is also authorized to contract for 
 61.30  services with any licensed ~~day~~ child care facility~~, as the board~~ 
 61.31  ~~deems necessary or proper~~ to carry out the purposes of this 
 61.32  section. 
 61.33     The county board may also make grants to or contract with 
 61.34  any municipality, licensed child care facility, ~~or resource and~~ 
 61.35  ~~referral program~~ organization designated under section 119B.19, 
 61.36  subdivision 1a, or corporation ~~or combination thereof,~~ for ~~any~~ 
 62.1   ~~of~~ the following purposes: 
 62.2      (1) creating new licensed day care facilities and expanding 
 62.3   existing facilities including, but not limited to, supplies, 
 62.4   equipment, and facility renovation and remodeling; 
 62.5      (2) improving licensed day care facility programs, 
 62.6   including, but not limited to, staff specialists, staff 
 62.7   training, supplies, equipment, and facility renovation and 
 62.8   remodeling~~.  In awarding grants for training, counties must~~ 
 62.9   ~~give~~, with priority ~~to~~ for training grants for child care 
 62.10  workers caring for infants, toddlers, sick children, children in 
 62.11  low-income families, and children with special needs; 
 62.12     (3) providing supportive child development services, 
 62.13  including, but not limited to, in-service training, curriculum 
 62.14  development, consulting specialists, resource centers, and 
 62.15  program and resource materials; 
 62.16     (4) carrying out programs, including, but not limited to, 
 62.17  staff, supplies, equipment, facility renovation, and training; 
 62.18     (5) providing interim financing; ~~and~~ or 
 62.19     (6) carrying out the resource and referral program services 
 62.20  identified in section 119B.19, subdivision ~~3~~ 7. 
 62.21     Sec. 20.  [REVISOR INSTRUCTION.] 
 62.22     The revisor of statutes shall renumber each section of 
 62.23  Minnesota Statutes listed in column A with the number listed in 
 62.24  column B.  The revisor shall also make necessary cross-reference 
 62.25  changes consistent with the renumbering.  
 62.26                    A                           B
 62.27             119B.01, subd. 1            119B.011, subd. 1
 62.28             119B.01, subd. 2            119B.011, subd. 3
 62.29             119B.01, subd. 3            119B.011, subd. 7
 62.30             119B.01, subd. 4            119B.011, subd. 4
 62.31             119B.01, subd. 5            119B.011, subd. 8
 62.32             119B.01, subd. 6            119B.011, subd. 5
 62.33             119B.01, subd. 7            119B.011, subd. 9
 62.34             119B.01, subd. 7a           119B.011, subd. 10
 62.35             119B.01, subd. 8            119B.011, subd. 11
 62.36             119B.01, subd. 9            119B.011, subd. 12
 63.1              119B.01, subd. 10           119B.011, subd. 13
 63.2              119B.01, subd. 11           119B.011, subd. 14
 63.3              119B.01, subd. 12           119B.011, subd. 17
 63.4              119B.01, subd. 12a          119B.011, subd. 18
 63.5              119B.01, subd. 13           119B.011, subd. 20
 63.6              119B.01, subd. 14           119B.011, subd. 19
 63.7              119B.01, subd. 15           119B.011, subd. 2
 63.8              119B.01, subd. 16           119B.011, subd. 24
 63.9              119B.01, subd. 17           119B.011, subd. 6
 63.10             119B.01, subd. 18           119B.011, subd. 16
 63.11             119B.18, subd. 3            119B.211
 63.12             119B.20, subd. 7            119B.189, subd. 1
 63.13             119B.20, subd. 8            119B.189, subd. 2
 63.14             119B.20, subd. 12           119B.189, subd. 4
 63.15             119B.20, subd. 13           119B.201, subd. 3
 63.16             119B.21, subd. 2,           119B.21, subd. 1,
 63.17                     para. (a)                   para. (c)
 63.18             119B.21, subd. 2,           119B.21, subd. 1,
 63.19                     para. (b)                   para. (d)
 63.20             119B.21, subd. 2,           119B.21, subd. 1,
 63.21                     para. (d)                   para. (e)
 63.22             119B.21, subd. 5            119B.21, subd. 5,
 63.23                                                 para. (a)
 63.24             119B.21, subd. 8            119B.21, subd. 5,
 63.25                                                 para. (b)
 63.26             119B.21, subd. 9            119B.21, subd. 5,
 63.27                                                 para. (c)
 63.28     Sec. 21.  [REPEALER.] 
 63.29     Minnesota Statutes 1998, sections 119B.18, subdivisions 1 
 63.30  and 2; 119B.19, subdivisions 3, 4, and 5; 119B.20, subdivisions 
 63.31  1, 2, 3, 4, 5, 6, 9, 10, and 11; 119B.21, subdivisions 4, 6, and 
 63.32  12; and 119B.22, are repealed.