2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/04/2002 | |
1st Engrossment | Posted on 02/14/2002 | |
2nd Engrossment | Posted on 02/18/2002 |
1.1 A bill for an act 1.2 relating to family and early childhood education; 1.3 providing for children and family support, prevention, 1.4 and self-sufficiency programs; appropriating money and 1.5 reducing earlier appropriations; amending Minnesota 1.6 Statutes 2000, sections 119A.37, subdivision 3; 1.7 119A.374, by adding a subdivision; 119B.011, 1.8 subdivision 7, by adding a subdivision; 119B.02, 1.9 subdivision 1; 119B.061, subdivisions 1, 5; 119B.09, 1.10 subdivisions 1, 2; 119B.11, subdivision 2a; 119B.12, 1.11 subdivision 2; 119B.13, subdivision 1; 124D.135, 1.12 subdivision 3; 124D.221, subdivision 2; 124D.518, 1.13 subdivision 3, by adding a subdivision; 124D.52, 1.14 subdivision 3; 124D.531, subdivision 4, by adding a 1.15 subdivision; Minnesota Statutes 2001 Supplement, 1.16 sections 119B.061, subdivision 4; 119B.13, subdivision 1.17 6; 124D.135, subdivision 8; 124D.16, subdivision 6; 1.18 124D.531, subdivision 1; Laws 2000, chapter 489, 1.19 article 1, section 36; Laws 2001, First Special 1.20 Session chapter 3, article 1, section 16; Laws 2001, 1.21 First Special Session chapter 3, article 1, section 1.22 17, subdivisions 3, 7, 8, 9, 11; Laws 2001, First 1.23 Special Session chapter 3, article 1, section 18; Laws 1.24 2001, First Special Session chapter 3, article 1, 1.25 section 19, subdivisions 3, 5; Laws 2001, First 1.26 Special Session chapter 3, article 2, section 15, 1.27 subdivisions 3, 6, 9, 10; Laws 2001, First Special 1.28 Session chapter 3, article 2, section 16, subdivision 1.29 2; Laws 2001, First Special Session chapter 3, article 1.30 3, section 9, subdivisions 2, 5, 6; repealing Laws 1.31 2001, First Special Session chapter 3, article 3, 1.32 section 8. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 ARTICLE 1 1.35 CHILDREN AND FAMILY SUPPORT 1.36 Section 1. Minnesota Statutes 2000, section 119B.011, 1.37 subdivision 7, is amended to read: 1.38 Subd. 7. [CHILD CARE SERVICES.] "Child care services" 1.39 means the provision of child careprovided in family day care2.1homes, group day care homes, nursery schools, day nurseries,2.2child day care centers, head start, and extended day school age2.3child care programs in or out of the child's homeas defined in 2.4 subdivision 5. 2.5 Sec. 2. Minnesota Statutes 2000, section 119B.011, is 2.6 amended by adding a subdivision to read: 2.7 Subd. 22. [SERVICE PERIOD.] "Service period" means the 2.8 biweekly period used by the child care assistance program for 2.9 billing and payment purposes. 2.10 Sec. 3. Minnesota Statutes 2000, section 119B.02, 2.11 subdivision 1, is amended to read: 2.12 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 2.13 shall develop standards for county and human services boards to 2.14 provide child care services to enable eligible families to 2.15 participate in employment, training, or education programs. 2.16 Within the limits of available appropriations, the commissioner 2.17 shall distribute money to counties to reduce the costs of child 2.18 care for eligible families. The commissioner shall adopt rules 2.19 to govern the program in accordance with this section. The 2.20 rules must establish a sliding schedule of fees for parents 2.21 receiving child care services. The rules shall provide that 2.22 funds received as a lump sum payment of child support arrearages 2.23 shall not be counted as income to a family in the month received 2.24 but shall be prorated over the 12 months following receipt and 2.25 added to the family income during those months.In the rules2.26adopted under this section, county and human services boards2.27shall be authorized to establish policies for payment of child2.28care spaces for absent children, when the payment is required by2.29the child's regular provider. The rules shall not set a maximum2.30number of days for which absence payments can be made, but2.31instead shall direct the county agency to set limits and pay for2.32absences according to the prevailing market practice in the2.33county. County policies for payment of absences shall be2.34subject to the approval of the commissioner.The commissioner 2.35 shall maximize the use of federal money under title I and title 2.36 IV of Public Law Number 104-193, the Personal Responsibility and 3.1 Work Opportunity Reconciliation Act of 1996, and other programs 3.2 that provide federal or state reimbursement for child care 3.3 services for low-income families who are in education, training, 3.4 job search, or other activities allowed under those programs. 3.5 Money appropriated under this section must be coordinated with 3.6 the programs that provide federal reimbursement for child care 3.7 services to accomplish this purpose. Federal reimbursement 3.8 obtained must be allocated to the county that spent money for 3.9 child care that is federally reimbursable under programs that 3.10 provide federal reimbursement for child care services. The 3.11 counties shall use the federal money to expand child care 3.12 services. The commissioner may adopt rules under chapter 14 to 3.13 implement and coordinate federal program requirements. 3.14 Sec. 4. Minnesota Statutes 2000, section 119B.061, 3.15 subdivision 1, is amended to read: 3.16 Subdivision 1. [ESTABLISHMENT.] A family in which a parent 3.17 provides care for the family's infant child may receive a 3.18 subsidy in lieu of assistance if the family is eligible for, or 3.19 is receiving assistance under the basic sliding fee program. An 3.20 eligible family must meet the eligibility factors under section 3.21 119B.09, except as provided in subdivision 4, the income 3.22 criteria under section 119B.12, and the requirements of this 3.23 section. Subject to federal match and maintenance of effort 3.24 requirements for the child care and development fund, the 3.25 commissioner shall establish a pool of up to seven percent of 3.26 the annual appropriation for the basic sliding fee program to 3.27 provide assistance under the at-home infant child care program. 3.28 At the end of a fiscal year, the commissioner may carry forward 3.29 any unspent funds under this section to the next fiscal year 3.30 within the same biennium for assistance under the basic sliding 3.31 fee program. 3.32 Sec. 5. Minnesota Statutes 2001 Supplement, section 3.33 119B.061, subdivision 4, is amended to read: 3.34 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 3.35 lifetime total of 12 months of assistance under subdivision 2. 3.36 The maximum rate of assistance is equal to 90 percent of the 4.1 rate established under section 119B.13 for care of infants in 4.2 licensed family child care in the applicant's county of 4.3 residence.Assistance must be calculated to reflect the parent4.4fee requirement under section 119B.12 for the family's actual4.5income level and family size while the family is participating4.6in the at-home infant child care program under this sectionFor 4.7 purposes of this section, the annual income of the applicant 4.8 family must be based on an annualization of the income received 4.9 only during the period in which the family is participating in 4.10 the at-home infant care program. 4.11 (b) A participating family must report income and other 4.12 family changes as specified in the county's plan under section 4.13 119B.08, subdivision 3. 4.14 (c) Persons who are admitted to the at-home infant care 4.15 program retain their position in any basic sliding fee program 4.16 or on any waiting list attained at the time of admittance. If 4.17 they are on the waiting list, they must advance as if they had 4.18 not been admitted to the program. Persons leaving the at-home 4.19 infant care program re-enter the basic sliding fee program at 4.20 the position they would have occupied or the waiting list at the 4.21 position to which they would have advanced. Persons who would 4.22 have attained eligibility for the basic sliding fee program must 4.23 be given assistance or advance to the top of the waiting list 4.24 when they leave the at-home infant care program. Persons 4.25 admitted to the at-home infant care program who are not on a 4.26 basic sliding fee waiting list may apply to the basic sliding 4.27 fee program, and if eligible, be placed on the waiting list. 4.28 (d) The time that a family receives assistance under this 4.29 section must be deducted from the one-year exemption from work 4.30 requirements under the MFIP program. 4.31 (e) Assistance under this section does not establish an 4.32 employer-employee relationship between any member of the 4.33 assisted family and the county or state. 4.34 Sec. 6. Minnesota Statutes 2000, section 119B.061, 4.35 subdivision 5, is amended to read: 4.36 Subd. 5. [IMPLEMENTATION.](a)The commissioner shall 5.1 implement the at-home infant child care program under this 5.2 section through counties that administer the basic sliding fee 5.3 program under section 119B.03. The commissioner must develop 5.4 and distribute consumer information on the at-home infant care 5.5 program to assist parents of infants or expectant parents in 5.6 making informed child care decisions. 5.7(b) The commissioner shall evaluate this program and report5.8the impact to the legislature by January 1, 2000. The5.9evaluation must include data on the number of families5.10participating in the program; the number of families continuing5.11to pursue employment or education while participating in the5.12program; the average income of families prior to, during, and5.13after participation in the program; family size; and single5.14parent and two-parent status.5.15 Sec. 7. Minnesota Statutes 2000, section 119B.09, 5.16 subdivision 1, is amended to read: 5.17 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 5.18 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 5.19 must be available to families who need child care to find or 5.20 keep employment or to obtain the training or education necessary 5.21 to find employment and who: 5.22 (1) meet the requirements of section 119B.05; receive MFIP 5.23 assistance; and are participating in employment and training 5.24 services under chapter 256J or 256K; 5.25 (2) have household income below the eligibility levels for 5.26 MFIP; or 5.27 (3) have household incomewithin a range established by the5.28commissionerless than or equal to 225 percent of the federal 5.29 poverty level, adjusted for family size. 5.30 (b) Child care services must be made available as in-kind 5.31 services. 5.32 (c) All applicants for child care assistance and families 5.33 currently receiving child care assistance must be assisted and 5.34 required to cooperate in establishment of paternity and 5.35 enforcement of child support obligations for all children in the 5.36 family as a condition of program eligibility. For purposes of 6.1 this section, a family is considered to meet the requirement for 6.2 cooperation when the family complies with the requirements of 6.3 section 256.741. 6.4 [EFFECTIVE DATE.] This section is effective July 1, 2002. 6.5 Sec. 8. Minnesota Statutes 2000, section 119B.09, 6.6 subdivision 2, is amended to read: 6.7 Subd. 2. [SLIDING FEE.] Child care services to 6.8 familieswith incomes in the commissioner's established range6.9 must be made available on a sliding fee basis. The upper limit 6.10 ofthe rangeincome eligibility must beneither less than 706.11percent nor more than 90 percent of the state median6.12incomeequal to 225 percent of the federal poverty level for a 6.13 family of four, adjusted for family size. 6.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 6.15 Sec. 9. Minnesota Statutes 2000, section 119B.11, 6.16 subdivision 2a, is amended to read: 6.17 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child 6.18 care assistance paid to a recipient in excess of the payment due 6.19 is recoverable by the county agency. If the family remains 6.20 eligible for child care assistance, the overpayment must be 6.21 recovered through recoupment as identified in Minnesota Rules, 6.22 part 3400.0140, subpart 19, except that the recoupment amount 6.23 must be calculated and collected on a service period, rather 6.24 than monthly, basis. If the family no longer remains eligible 6.25 for child care assistance, the county may choose to initiate 6.26 efforts to recover overpayments from the family for overpayment 6.27 less than $50. If the overpayment is greater than or equal to 6.28 $50, the county shall seek voluntary repayment of the 6.29 overpayment from the family. If the county is unable to recoup 6.30 the overpayment through voluntary repayment, the county shall 6.31 initiate civil court proceedings to recover the overpayment 6.32 unless the county's costs to recover the overpayment will exceed 6.33 the amount of the overpayment. A family with an outstanding 6.34 debt under this subdivision is not eligible for child care 6.35 assistance until: (1) the debt is paid in full; or (2) 6.36 satisfactory arrangements are made with the county to retire the 7.1 debt consistent with the requirements of this chapter and 7.2 Minnesota Rules, chapter 3400, and the family is in compliance 7.3 with the arrangements. 7.4 Sec. 10. Minnesota Statutes 2000, section 119B.12, 7.5 subdivision 2, is amended to read: 7.6 Subd. 2. [PARENT FEE.] A family must be assessed a parent 7.7 fee for each service period. A family'smonthlyparent fee must 7.8 be a fixed percentage of its annual gross income. Parent fees 7.9 must apply to families eligible for child care assistance under 7.10 sections 119B.03 and 119B.05. Income must be as defined in 7.11 section 119B.011, subdivision 15. The fixed percent is based on 7.12 the relationship of the family's annual gross income to 100 7.13 percent of state median income. Beginning January 1, 1998, 7.14 parent fees must begin at 75 percent of the poverty level. The 7.15 minimum parent fees for families between 75 percent and 100 7.16 percent of poverty level must be$5$2.50 permonthservice 7.17 period. Parent fees must be established in rule and must 7.18 provide for graduated movement to full payment. 7.19 Sec. 11. Minnesota Statutes 2000, section 119B.13, 7.20 subdivision 1, is amended to read: 7.21 Subdivision 1. [SUBSIDY RESTRICTIONS.] The maximum rate 7.22 paid for child care assistance under the child care fund may not 7.23 exceed the 75th percentile rate for like-care arrangements in 7.24 the county as surveyed by the commissioner. Beginning in 2003, 7.25 the commissioner must survey child care providers, including all 7.26 child care centers licensed by the department of human services, 7.27 except in counties with more than 200 licensed child care 7.28 centers. In counties with more than 200 licensed centers, the 7.29 commissioner may survey a geographically representative sample 7.30 of licensed child care centers. The commissioner must conduct 7.31 the survey after April 1 of each year to determine the 75th 7.32 percentile of the market rate. The commissioner must implement 7.33 any resulting rate changes by August 1 of each year. A rate 7.34 which includes a provider bonus paid under subdivision 2 or a 7.35 special needs rate paid under subdivision 3 may be in excess of 7.36 the maximum rate allowed under this subdivision. The department 8.1 shall monitor the effect of this paragraph on provider rates. 8.2 The county shall pay the provider's full charges for every child 8.3 in care up to the maximum established. The commissioner shall 8.4 determine the maximum rate for each type of care, including 8.5 special needs and handicapped care. Not less than once every 8.6 two years, the commissioner shall evaluate market practices for 8.7 payment of absences and shall establish policies for payment of 8.8 absent days that reflect current market practice. 8.9 When the provider charge is greater than the maximum 8.10 provider rate allowed, the parent is responsible for payment of 8.11 the difference in the rates in addition to any family copayment 8.12 fee. 8.13 Sec. 12. Minnesota Statutes 2001 Supplement, section 8.14 119B.13, subdivision 6, is amended to read: 8.15 Subd. 6. [PROVIDER PAYMENTS.] Counties or the state shall 8.16 make vendor payments to the child care provider or pay the 8.17 parent directly for eligible child care expenses. If payments 8.18 for child care assistance are made to providers, the provider 8.19 shall bill the county for services provided within ten days of 8.20 the end of themonth ofservice period. If bills are submitted 8.21 in accordance with the provisions of this subdivision, a county 8.22 or the state shall issue payment to the provider of child care 8.23 under the child care fund within 30 days of receiving an invoice 8.24 from the provider. Counties or the state may establish policies 8.25 that make payments on a more frequent basis. A county's payment 8.26 policies must be included in the county's child care plan under 8.27 section 119B.08, subdivision 3. If payments are made by the 8.28 state, in addition to being in compliance with this subdivision, 8.29 the payments must be made in compliance with section 16A.124. 8.30 Sec. 13. Minnesota Statutes 2000, section 124D.135, 8.31 subdivision 3, is amended to read: 8.32 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.]For8.33fiscal year 2001 to obtain early childhood family education8.34revenue, a district may levy an amount equal to the tax rate of8.35.5282 percent times the adjusted tax capacity of the district8.36for the year preceding the year the levy is certified.9.1 Beginning with levies for fiscal year 2002, by September 30 of 9.2 each year, the commissioner shall establish a tax rate for early 9.3 childhood education revenue that raises $21,027,000 for fiscal 9.4 year 2002 and $22,135,000infor fiscal year 2003 and each 9.5 subsequent year. If the amount of the early childhood family 9.6 education levy would exceed the early childhood family education 9.7 revenue, the early childhood family education levy must equal 9.8 the early childhood family education revenue. 9.9 Sec. 14. Minnesota Statutes 2001 Supplement, section 9.10 124D.135, subdivision 8, is amended to read: 9.11 Subd. 8. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 9.12 the average balance, during the most recent three-year period in 9.13 a district's early childhood family education reserve account on 9.14 June 30 of each year, adjusted for any prior reductions under 9.15 this subdivision, must not be greater than the greater of 9.16 $18,000 or 25 percent of the district's early childhood family 9.17 education annual revenue for the prior year. If a district's 9.18 adjusted average early childhood family education reserve over 9.19 the three-year period is in excess of the greater of $18,000 or 9.20 25 percent of the prior year annual revenue, the district's 9.21 early childhood family education state aid and levy authority 9.22 for the current school year must be reduced by the excess 9.23 reserve amount. The aid reduction equals the product of 9.24 the lesser of the excess reserve amount or the current year 9.25 revenue under subdivision 1 times the ratio of the district's 9.26 aid for thepriorcurrent year under subdivision 4 to the 9.27 district's revenue for thepriorcurrent year under subdivision 9.28 1. The levy reduction equals the lesser of the excess reserve 9.29 amount or the current year revenue under subdivision 1 minus the 9.30 aid reduction. Beginning in fiscal year 2004, the commissioner 9.31 must reallocate aid and levy reduced under this subdivision to 9.32 other eligible early childhood family education programs in 9.33 proportion to each district's revenue for the prior year under 9.34 subdivision 1. For the purposes of this subdivision, if a 9.35 district does not levy the entire amount permitted under 9.36 subdivision 4, the revenue under subdivision 1 must be reduced 10.1 in direct proportion to the actual amount levied. 10.2 (b) Notwithstanding paragraph (a), for fiscal year 2003, 10.3 the excess reserve amount shall be computed using the balance in 10.4 a district's early childhood family education reserve account on 10.5 June 30, 2002. For fiscal year 2004, the excess reserve amount 10.6 shall be computed using the adjusted average balance in a 10.7 district's early childhood family education reserve account on 10.8 June 30, 2002, and June 30, 2003. 10.9 Sec. 15. Minnesota Statutes 2001 Supplement, section 10.10 124D.16, subdivision 6, is amended to read: 10.11 Subd. 6. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 10.12 the average balance, during the most recent three-year period, 10.13 in a district's school readiness reserve account on June 30 of 10.14 each year, adjusted for any prior reductions under this 10.15 subdivision, must not be greater than 25 percent of the 10.16 district's school readiness annual revenue for the prior year. 10.17 If a district's adjusted average school readiness reserve over 10.18 the three-year period is in excess of 25 percent of the prior 10.19 year annual revenue, the district's current year school 10.20 readiness state aid must be reduced by the lesser of the excess 10.21 reserve amount or the current year aid. The commissioner must 10.22 reallocate aid reduced under this subdivision to other eligible 10.23 school readiness programs in proportion to each district's aid 10.24 for thepriorcurrent year under subdivision 2. 10.25 (b) Notwithstanding paragraph (a), for fiscal year 2003, 10.26 the excess reserve amount shall be computed using the balance in 10.27 a district's school readiness reserve account on June 30, 2002. 10.28 For fiscal year 2004, the excess reserve amount shall be 10.29 computed using the adjusted average balance in a district's 10.30 school readiness reserve account on June 30, 2002, and June 30, 10.31 2003. 10.32 Sec. 16. Laws 2000, chapter 489, article 1, section 36, is 10.33 amended to read: 10.34 Sec. 36. [MFIP SOCIAL SERVICES CHILD CARE SUNSET AND 10.35 REPORT.] 10.36 Minnesota Statutes, section 119B.05, subdivision 1, clause 11.1 (5), expires on June 30, 2003. MFIP social services child care 11.2 must be paid for with the appropriations under section 45, 11.3 subdivision 3. Priority must be given to mental health services 11.4 and chemical dependency services.Any amount that is not needed11.5for MFIP social services child care must be used for child care11.6assistance under Minnesota Statutes, section 119B.03.The 11.7 commissioner of children, families, and learning must notify the 11.8 chairs of the family and early childhood committees in the house 11.9 and the senate if expenditures for MFIP social services child 11.10 care are expected to exceed appropriations under section 45, 11.11 subdivision 3. The commissioner shall report to the legislature 11.12 by January 15, 2003, on the use of MFIP social services child 11.13 care with recommendations on the need for social services child 11.14 care and its effectiveness in promoting self-sufficiency. 11.15 [EFFECTIVE DATE.] This section is effective the day 11.16 following final enactment. 11.17 Sec. 17. Laws 2001, First Special Session chapter 3, 11.18 article 1, section 16, is amended to read: 11.19 Sec. 16. [CHILD CARE REPORT.] 11.20 The commissioner of children, families, and learning must 11.21 report to house and senate committees with jurisdiction over 11.22 child care byNovember and FebruaryJanuary of each year with 11.23 information on the number of families served and the cost of 11.24 direct services per family for each child care assistance 11.25 program administered by the commissioner. The report must 11.26 include the number of families being servedand the number that11.27would be servedif entry income eligibility was set at 120 11.28 percent of the federal poverty guidelinesand 30 percent of the11.29state median incomeand continuing at reasonable increments, 11.30 with an exit level of both250225 percent and300275 percent 11.31 of the federal poverty guidelinesand 63 percent and 75 percent11.32of the state median income. 11.33The information must be provided for the same time periods11.34for which the department of finance prepares the budget forecast.11.35 Sec. 18. Laws 2001, First Special Session chapter 3, 11.36 article 1, section 17, subdivision 3, is amended to read: 12.1 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 12.2 childhood family education aid according to Minnesota Statutes, 12.3 section 124D.135: 12.4$20,758,000$20,725,000 ..... 2002 12.5$20,663,000$19,024,000 ..... 2003 12.6 The 2002 appropriation includes $2,036,000 for 2001 and 12.7$18,722,000$18,689,000 for 2002. 12.8 The 2003 appropriation includes$2,081,000$2,076,000 for 12.9 2002 and$18,582,000$16,948,000 for 2003. 12.10 Any balance in the first year does not cancel but is 12.11 available in the second year. 12.12 [EFFECTIVE DATE.] This section is effective the day 12.13 following final enactment. 12.14 Sec. 19. Laws 2001, First Special Session chapter 3, 12.15 article 1, section 17, subdivision 7, is amended to read: 12.16 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid 12.17 according to Minnesota Statutes, section 124D.22: 12.18 $221,000 ..... 2002 12.19$133,000$100,000 ..... 2003 12.20 The 2002 appropriation includes $30,000 for 2001 and 12.21 $191,000 for 2002. 12.22 The 2003 appropriation includes $21,000 for 2002 and 12.23$112,000$79,000 for 2003. 12.24 Any balance in the first year does not cancel but is 12.25 available in the second year. 12.26 Sec. 20. Laws 2001, First Special Session chapter 3, 12.27 article 1, section 17, subdivision 8, is amended to read: 12.28 Subd. 8. [BASIC SLIDING FEE.] For child care assistance 12.29 according to Minnesota Statutes, section 119B.03: 12.30 $51,999,000 ..... 2002 12.31$51,999,000$42,827,000 ..... 2003 12.32 The fiscal year 2004 appropriation is $45,236,000. The 12.33 fiscal year 2005 appropriation is $44,698,000. 12.34 Any balance in the first year does not cancel but is 12.35 available in the second year. 12.36 Sec. 21. Laws 2001, First Special Session chapter 3, 13.1 article 1, section 17, subdivision 9, is amended to read: 13.2 Subd. 9. [MFIP CHILD CARE.] For child care assistance 13.3 according to Minnesota Statutes, section 119B.05: 13.4$82,253,000$69,201,000 ..... 2002 13.5$78,606,000$77,122,000 ..... 2003 13.6 Any balance in the first year does not cancel but is 13.7 available in the second year. 13.8 [EFFECTIVE DATE.] This section is effective the day 13.9 following final enactment. 13.10 Sec. 22. Laws 2001, First Special Session chapter 3, 13.11 article 1, section 17, subdivision 11, is amended to read: 13.12 Subd. 11. [CHILD CARE SERVICE GRANTS.] For child care 13.13 development activities under child care service grants according 13.14 to Minnesota Statutes, section 119B.21: 13.15 $1,865,000 ..... 2002 13.16$1,865,000.....200313.17 The fiscal year 2004 appropriation is $0. Beginning in 13.18 2005, the base is $1,865,000 from the general fund each year. 13.19Any balance in the first year does not cancel but is13.20available in the second yearThis appropriation is available 13.21 until June 30, 2003. 13.22 Sec. 23. Laws 2001, First Special Session chapter 3, 13.23 article 1, section 18, is amended to read: 13.24 Sec. 18. [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.] 13.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 13.26 LEARNING.] Appropriations in this section are from child support 13.27 collection payments in the special revenue fund pursuant to 13.28 Minnesota Statutes, section 119B.074. The sums indicated are 13.29 appropriated to the department of children, families, and 13.30 learning for the fiscal years designated. 13.31 Subd. 2. [CHILD CARE ASSISTANCE.] For child care 13.32 assistance according to Minnesota Statutes, section 119B.03: 13.33 $2,441,439 ..... 2002 13.34$2,340,251$3,340,251 ..... 2003 13.35 Sec. 24. Laws 2001, First Special Session chapter 3, 13.36 article 1, section 19, subdivision 3, is amended to read: 14.1 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 14.2 uninterrupted assistance under Minnesota Statutes, section 14.3 119B.03, for families completing transition year child care 14.4 assistance: 14.5$3,620,000$1,404,000 ..... 2002 14.6$4,040,000$1,000,000 ..... 2003 14.7Any balance in the first year does not cancel but is14.8available in the second year.Any unspent balance from the 14.9 appropriations for 2002 and 2003 is returned to the TANF reserve. 14.10 TANF dollars appropriated for this purpose in 2001 which are not 14.11 encumbered by January 1, 2002, are returned to the TANF reserve. 14.12 [EFFECTIVE DATE.] This section is effective the day 14.13 following final enactment. 14.14 Sec. 25. Laws 2001, First Special Session chapter 3, 14.15 article 1, section 19, subdivision 5, is amended to read: 14.16 Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social 14.17 services child care costs of eligible MFIP participants under 14.18 Minnesota Statutes, section 119B.05, subdivision 1, clause (5): 14.19$3,297,000$973,000 ..... 2002 14.20$2,865,000$497,000 ..... 2003 14.21Any balance in the first year does not cancel but is14.22available in the second year.Any unspent balance from the 14.23 appropriations for 2002 and 2003 is returned to the TANF reserve. 14.24 TANF dollars appropriated for this purpose in 2001 which are not 14.25 encumbered by January 1, 2002, are returned to the TANF reserve. 14.26 [EFFECTIVE DATE.] This section is effective the day 14.27 following final enactment. 14.28 Sec. 26. [FEDERAL FUNDS.] 14.29 In addition to Minnesota Statutes, section 3.3005, 14.30 subdivisions 4 and 5, all plans to spend federal funds related 14.31 to child care assistance must be reviewed by the appropriate 14.32 legislative committees prior to their submission to the federal 14.33 government. If federal funds become available to the state for 14.34 expenditure while the legislature is not in session, the 14.35 commissioner of finance must submit a request for review and 14.36 recommendation for further review to the members of the 15.1 legislative committees responsible for child care assistance. 15.2 If a recommendation is not made within ten days, no further 15.3 legislative review is required. If a recommendation by any 15.4 member is for further review, the governor must submit the 15.5 request to the legislative committees for their review and 15.6 recommendation. 15.7 [EFFECTIVE DATE.] This section is effective the day 15.8 following final enactment. 15.9 Sec. 27. [MFIP CHILD CARE; GENERAL FUND LAPSE.] 15.10 Notwithstanding Minnesota Statutes, section 16A.28, 15.11 subdivision 3, any excess MFIP child care general fund 15.12 appropriation up to $3,000,000 may be transferred to the basic 15.13 sliding fee program under Minnesota Statutes, section 119B.03. 15.14 This section expires on July 1, 2003. 15.15 [EFFECTIVE DATE.] This section is effective the day 15.16 following final enactment. 15.17 Sec. 28. [DIRECTION TO COMMISSIONER OF CHILDREN, FAMILIES, 15.18 AND LEARNING; CHILD CARE CO-PAYMENTS.] 15.19 The commissioner is directed to adjust the child care 15.20 assistance co-payment schedule under Minnesota Statutes, section 15.21 119B.12, based on the income eligibility level under section 8. 15.22 Sec. 29. [APPROPRIATION.] 15.23 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 15.24 LEARNING.] The sums indicated in this section are appropriated 15.25 from the general fund to the department of children, families, 15.26 and learning for the fiscal years designated, unless otherwise 15.27 indicated. 15.28 Subd. 2. [CHILD CARE IMPROVEMENT GRANTS.] For child care 15.29 improvement grants according to Minnesota Statutes, section 15.30 119B.25: 15.31 $200,000 ..... 2003 15.32 The fiscal year 2004 appropriation is $200,000 from the 15.33 general fund. 15.34 Sec. 30. [TANF APPROPRIATIONS.] 15.35 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 15.36 LEARNING.] The sum indicated in this section for fiscal year 16.1 2003 is appropriated to the commissioner of human services from 16.2 the TANF block grant funds authorized under United States Code, 16.3 title 42, section 601 et seq., and awarded in federal fiscal 16.4 years 2000 to 2002, and is transferred to the department of 16.5 children, families, and learning for the fiscal years indicated 16.6 for use as provided in this section. This amount is available 16.7 for expenditure until June 30, 2003. 16.8 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 16.9 assistance according to Minnesota Statutes, section 119B.03: 16.10 $3,857,000 ..... 2003 16.11 ARTICLE 2 16.12 PREVENTION 16.13 Section 1. Minnesota Statutes 2000, section 119A.37, 16.14 subdivision 3, is amended to read: 16.15 Subd. 3. [FUNDING.] The commissioner may award grants to 16.16 create or maintain parenting time centers. 16.17 In awarding grants to maintain a parenting time center, the 16.18 commissioner may award a grant to a center that can demonstrate 16.19 a3525 percent local match, provided the center is diligently 16.20 exploring and pursuing all available funding options in an 16.21 effort to become self-sustaining, and those efforts are reported 16.22 to the commissioner. 16.23 In awarding grants to create a parenting time center, the 16.24 commissioner shall give priority to: 16.25 (1) areas of the state where no other parenting time center 16.26 or similar facility exists; 16.27 (2) applicants who demonstrate that private funding for the 16.28 center is available and will continue; and 16.29 (3) facilities that are adapted for use to care for 16.30 children, such as day care centers, religious institutions, 16.31 community centers, schools, technical colleges, parenting 16.32 resource centers, and child care referral services. 16.33 In awarding grants to create or maintain a parenting time 16.34 center, the commissioner shall require the proposed center to 16.35 meet standards developed by the commissioner to ensure the 16.36 safety of the custodial parent and children. 17.1 Sec. 2. Minnesota Statutes 2000, section 124D.221, 17.2 subdivision 2, is amended to read: 17.3 Subd. 2. [PRIORITYNEIGHBORHOODS.] (a) The commissioner 17.4 must give priority to all applicants, except as provided in 17.5 paragraph (b), demonstrating a match of 25 cents of nonstate 17.6 funding for each $1 of the grant amount awarded for the 17.7 implementation of an after-school enrichment program. 17.8 (b) For grants in Minneapolis and St. Paul, the 17.9 commissioner must first give priority to neighborhoods in 17.10 thissubdivisionparagraph and then priority according to 17.11 paragraph (a). In Minneapolis, priority neighborhoods are Near 17.12 North, Hawthorne, Sumner-Glenwood, Harrison, Jordan, Powderhorn, 17.13 Central, Whittier, Cleveland, McKinley, Waite Park, Sheridan, 17.14 Holland, Lyndale, Folwell, and Phillips. In St. Paul, priority 17.15 neighborhoods are Summit-University, Thomas-Dale, North End, 17.16 Payne-Phalen, Daytons Bluff, and the West Side. 17.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 17.18 Sec. 3. Laws 2001, First Special Session chapter 3, 17.19 article 2, section 15, subdivision 3, is amended to read: 17.20 Subd. 3. [COMMUNITY EDUCATION AID.] For community 17.21 education aid according to Minnesota Statutes, section 124D.20: 17.22$14,209,000$14,190,000 ..... 2002 17.23$13,111,000$ 8,186,000 ..... 2003 17.24 The 2002 appropriation includes $1,528,000 for 2001 and 17.25$12,681,000$12,662,000 for 2002. 17.26 The 2003 appropriation includes$1,409,000$1,406,000 for 17.27 2002 and$11,702,000$6,780,000 for 2003. 17.28 Any balance in the first year does not cancel but is 17.29 available in the second year. 17.30 [EFFECTIVE DATE.] This section is effective the day 17.31 following final enactment. 17.32 Sec. 4. Laws 2001, First Special Session chapter 3, 17.33 article 2, section 15, subdivision 6, is amended to read: 17.34 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 17.35 violence prevention education grants according to Minnesota 17.36 Statutes, section 120B.23: 18.1 $1,305,000 ..... 2002 18.2 $1,450,000 ..... 2003 18.3 The 2002 appropriation includes $0 for 2001 and $1,305,000 18.4 for 2002. 18.5 The 2003 appropriation includes $145,000 for 2002 and 18.6 $1,305,000 for 2003. 18.7 Beginning in fiscal year 2004, the base is $750,000 from 18.8 the general fund each year. 18.9 Any balance in the first year does not cancel but is 18.10 available in the second year. 18.11 Sec. 5. Laws 2001, First Special Session chapter 3, 18.12 article 2, section 15, subdivision 9, is amended to read: 18.13 Subd. 9. [FAMILY VISITATIONPARENTING TIME CENTERS.] (a) 18.14 Forfamily visitationparenting time centers according to 18.15 Minnesota Statutes, section 119A.37: 18.16 $200,000 ..... 2002 18.17 $200,000 ..... 2003 18.18 Any balance in the first year does not cancel but is 18.19 available in the second year. 18.20 (b) An additional $96,000 in fiscal year 2002 and $96,000 18.21 in fiscal year 2003 are appropriated from the special revenue 18.22 fund under Minnesota Statutes, section 517.08, subdivision 1c, 18.23 forfamily visitationparenting time centers. Any balance in 18.24 the first year does not cancel but is available for the second 18.25 year. 18.26 Sec. 6. Laws 2001, First Special Session chapter 3, 18.27 article 2, section 15, subdivision 10, is amended to read: 18.28 Subd. 10. [AFTER-SCHOOL ENRICHMENT GRANTS.] For 18.29 after-school enrichment grants according to Minnesota Statutes, 18.30 section 124D.221: 18.31 $5,510,000 ..... 2002 18.32 $5,510,000 ..... 2003 18.33 Beginning in fiscal year 2004, the base is $4,133,000 from 18.34 the general fund each year. 18.35 Any balance in the first year does not cancel but is 18.36 available in the second year. 19.1 Sec. 7. Laws 2001, First Special Session chapter 3, 19.2 article 2, section 16, subdivision 2, is amended to read: 19.3 Subd. 2. [GUARD OUR YOUTH.] For the guard our youth 19.4 program sponsored by the department of military affairs to serve 19.5 at-risk and underserved youth ages nine to 16 years: 19.6$191,000$44,000 ..... 2002 19.7 This is a one-time appropriation. 19.8 Any balance in the first year does not cancel but is 19.9 available in the second year. 19.10 [EFFECTIVE DATE.] This section is effective the day 19.11 following final enactment. 19.12 ARTICLE 3 19.13 SELF-SUFFICIENCY 19.14 Section 1. Minnesota Statutes 2000, section 119A.374, is 19.15 amended by adding a subdivision to read: 19.16 Subd. 1a. [RULEMAKING.] The commissioner shall adopt rules 19.17 necessary to implement sections 119A.374 to 119A.376. 19.18 Sec. 2. Minnesota Statutes 2000, section 124D.518, 19.19 subdivision 3, is amended to read: 19.20 Subd. 3. [CONTACT HOURS.] (a) "Contact hours" means the 19.21 number of hours during which a student was engaged in learning 19.22 activities provided by an approved adult education program. 19.23 Contact hours excludes homework but includes interactive 19.24 distance learning. The commissioner may only reallocate contact 19.25 hours among programs to adjust for changes in program membership 19.26 between the first prior program year and the current program 19.27 year based on the actual contact hours reported for the first 19.28 prior program year. 19.29 (b)For revenue beginning in fiscal year 2002, contact19.30hours for a provider of adult basic education services funded in19.31fiscal year 2000, but not eligible for basic population aid in19.32fiscal year 2001, is computed by multiplying the provider's19.33contact hours by 1.03.19.34(c)For aid in fiscal year 2001, contact hours in fiscal 19.35 year 2000 equals the number of full-time equivalent learners 19.36 times the contact hours. A level one full-time equivalent 20.1 learner is equal to 240 contact hours and a level two full-time 20.2 learner is equal to 408 contact hours. 20.3 Sec. 3. Minnesota Statutes 2000, section 124D.518, is 20.4 amended by adding a subdivision to read: 20.5 Subd. 6. [NONDISTRICT PROGRAMS.] "Nondistrict programs" 20.6 means approved adult basic education programs in corrections, 20.7 501(c)3 nonprofit organizations, intermediate school districts, 20.8 and tribal councils. These programs must: 20.9 (1) determine the type of adult basic education program 20.10 offered; 20.11 (2) hire staff; 20.12 (3) make program location decisions; 20.13 (4) manage the personal education plan process; and 20.14 (5) collect and report required adult basic education data. 20.15 Paid instructors of eligible nondistrict programs must be 20.16 employees of the nondistrict program and not employees of a 20.17 school district that work at the nondistrict site. 20.18 Sec. 4. Minnesota Statutes 2000, section 124D.52, 20.19 subdivision 3, is amended to read: 20.20 Subd. 3. [ACCOUNTS; REVENUE; AID.] (a) Each district, 20.21 group of districts, or private nonprofit organization providing 20.22 adult basic education programs must establish and maintain 20.23 accounts separate from all other district accounts for the 20.24 receipt and disbursement of all funds related to these 20.25 programs. All revenue received pursuant to this section must be 20.26 utilized solely for the purposes of adult basic education 20.27 programs. State aid must not equal more than 100 percent of the 20.28 unreimbursed expenses of providing these programs, excluding 20.29 in-kind costs. 20.30 (b) Notwithstanding section 123A.26 or any other law to the 20.31 contrary, an adult basic education consortium providing an 20.32 approved adult basic education program, may be its own fiscal 20.33 agent and eligible to receive state aid payments directly from 20.34 the commissioner. 20.35 Sec. 5. Minnesota Statutes 2001 Supplement, section 20.36 124D.531, subdivision 1, is amended to read: 21.1 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] 21.2 (a)The state total adult basic education aid for fiscal year21.32001 equals $30,157,000.The state total adult basic education 21.4 aid forlater yearsfiscal year 2002 equals: 21.5 (1) the state total adult basic education aid for the 21.6 preceding fiscal year; times 21.7 (2) the lesser of: 21.8 (i) 1.08, or 21.9 (ii) the greater of 1.00 or the ratio of the state total 21.10 contact hours in the first prior program year to the state total 21.11 contact hours in the second prior program year. The state total 21.12 adult basic education aid for fiscal year 2003 equals 21.13 $32,368,000. The state total adult basic education aid for 21.14 fiscal year 2004 and beyond equals: 21.15 (1) the state total adult basic education aid for the 21.16 preceding fiscal year; times 21.17 (2) the lesser of: 21.18 (i) 1.04, or 21.19 (ii) the greater of 1.00 or the ratio of the state total 21.20 contact hours in the first prior program year to the state total 21.21 contact hours in the second prior program year. 21.22 Beginning in fiscal year 2002, two percent of the state total 21.23 adult basic education aid must be set aside for adult basic 21.24 education supplemental service grants under section 124D.522. 21.25 (b) The state total adult basic education aid, excluding 21.26 basic population aid, equals the difference between the amount 21.27 computed in paragraph (a), and the state total basic population 21.28 aid under subdivision 2. 21.29 Sec. 6. Minnesota Statutes 2000, section 124D.531, 21.30 subdivision 4, is amended to read: 21.31 Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a) 21.32 Notwithstanding subdivisions 2 and 3, the total adult basic 21.33 education aid for a program per prior year contact hour must not 21.34 exceed four times the rate per prior year contact hour computed 21.35 under subdivision 3, clause (2). 21.36 (b) For fiscal year 2002and later, the aid for a program 22.1 under subdivision 3, clause (2), adjusted for changes in program 22.2 membership, must not exceed the aid for that program under 22.3 subdivision 3, clause (2), for the first preceding fiscal year 22.4 by more than the greater of 17 percent or $20,000. For fiscal 22.5 year 2003 and later, the aid for a program under subdivision 3, 22.6 clause (2), adjusted for changes in program membership, must not 22.7 exceed the aid for that program under subdivision 3, clause (2), 22.8 for the first preceding fiscal year by more than the greater of 22.9 nine percent or $10,000. 22.10 (c) Adult basic education aid is payable to a program for 22.11 unreimbursed costs. 22.12 Sec. 7. Minnesota Statutes 2000, section 124D.531, is 22.13 amended by adding a subdivision to read: 22.14 Subd. 10. [NONDISTRICT PROGRAMS.] (a) Notwithstanding 22.15 section 16A.28, subdivision 3, beginning in fiscal year 2003, 22.16 adult basic education aid under this section that remains 22.17 unallocated after the application of revenue caps under 22.18 subdivision 4, paragraphs (a) and (b), shall be reallocated 22.19 annually to all approved nondistrict adult basic education 22.20 program providers. The reallocation amount each year shall be 22.21 distributed to the approved nondistrict providers in proportion 22.22 to their prior year contact hours. 22.23 (b) Notwithstanding section 16A.28, subdivision 3, 22.24 beginning in fiscal year 2002, adult basic education aid 22.25 allocated under subdivisions 1, 2, and 3 that is unspent at the 22.26 end of the year shall be reallocated annually to all approved 22.27 nondistrict adult basic education providers. The reallocation 22.28 amount each year shall be distributed to the approved 22.29 nondistrict providers in proportion to their prior year contact 22.30 hours. 22.31 (c) Notwithstanding section 16A.28, subdivision 3, the 22.32 adult basic education program may carry forward appropriations 22.33 from one fiscal year to the next and one biennium to the next. 22.34 The aid described in paragraphs (a) and (b) shall be distributed 22.35 to nondistrict programs in the fiscal year following the final 22.36 calculation of the aid under this section. 23.1 Sec. 8. Laws 2001, First Special Session chapter 3, 23.2 article 3, section 9, subdivision 2, is amended to read: 23.3 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 23.4 Minnesota economic opportunity grants, Minnesota Statutes, 23.5 sections 119A.374 to 119A.376: 23.6 $8,514,000 ..... 2002 23.7 $8,514,000 ..... 2003 23.8 The fiscal year 2004 appropriation is $8,014,000. In 23.9 fiscal year 2005 and thereafter, the base is $8,514,000 from the 23.10 general fund each year. 23.11 Any balance in the first year does not cancel but is 23.12 available in the second year. 23.13 Sec. 9. Laws 2001, First Special Session chapter 3, 23.14 article 3, section 9, subdivision 5, is amended to read: 23.15 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 23.16 education aid according to Minnesota Statutes, section 124D.531: 23.17 $32,150,000 ..... 2002 23.18$34,731,000$32,368,000 ..... 2003 23.19 The 2002 appropriation includes $3,019,000 for 2001 and 23.20 $29,131,000 for 2002. 23.21 The 2003 appropriation includes $3,237,000 for 2002 and 23.22$31,494,000$29,131,000 for 2003. 23.23 Sec. 10. Laws 2001, First Special Session chapter 3, 23.24 article 3, section 9, subdivision 6, is amended to read: 23.25 Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.] 23.26 For adult basic education audits under Minnesota Statutes, 23.27 section 124D.531, and for a state adult basic education director: 23.28$100,000..... 2002 23.29$275,000$175,000 ..... 2003 23.30 The fiscal year 2004 appropriation is$275,000$175,000. 23.31 In fiscal year 2005 and thereafter, the base is$170,000$70,000 23.32 from the general fund each year. 23.33 Any balance in the first year does not cancel but is 23.34 available in the second year. 23.35 [EFFECTIVE DATE.] This section is effective the day 23.36 following final enactment. 24.1 Sec. 11. [REVISOR INSTRUCTION.] 24.2 The revisor of statutes shall codify the Minnesota family 24.3 assets for independence initiative under Laws 1998, First 24.4 Special Session chapter 1, article 1, sections 6 to 12 as 24.5 amended by Laws 1999, chapter 205, article 4, sections 8, 9, and 24.6 10 and Laws 2000, chapter 489, article 1, sections 23, 24, 25, 24.7 and 46, in Minnesota Statutes, chapter 119A. 24.8 Sec. 12. [REPEALER.] 24.9 Laws 2001, First Special Session chapter 3, article 3, 24.10 section 8, is repealed.