1.1                          A bill for an act
  1.2             relating to children; clarifying certain terms and 
  1.3             applicability of certain programs; providing for 
  1.4             licensing assistance, outreach, and training; allowing 
  1.5             grants for school-age child care programs; allowing 
  1.6             certain grants for statewide adult basic education; 
  1.7             providing for review of certain orders by the 
  1.8             commissioner of children, families, and learning; 
  1.9             establishing a cash flow account for energy assistance 
  1.10            funds; allowing migrant and seasonal farmworkers to 
  1.11            carry out community action programs; changing 
  1.12            provisions for family day care licensure; 
  1.13            appropriating money; amending Minnesota Statutes 1996, 
  1.14            sections 119B.10, by adding a subdivision; 119B.18, 
  1.15            subdivision 2, and by adding subdivisions; 119B.19, 
  1.16            subdivisions 1, 4, and by adding subdivisions; 
  1.17            120.1701, subdivision 5; 121.8355, by adding a 
  1.18            subdivision; 124.26, subdivision 1c; 245A.06, 
  1.19            subdivision 2; 256.045, subdivision 6, and by adding a 
  1.20            subdivision; 268.52, subdivisions 1 and 2; 268.54, 
  1.21            subdivision 2; and 290.067, subdivision 2; Minnesota 
  1.22            Statutes 1997 Supplement, sections 119B.01, 
  1.23            subdivision 16; 119B.02; 119B.061, subdivisions 1, 2, 
  1.24            3, and 4; 119B.075; 119B.10, subdivision 1; 119B.13, 
  1.25            subdivisions 1 and 6; 119B.21, subdivisions 2, 4, 5, 
  1.26            and 11; 121.88, subdivision 10; 256.045, subdivision 
  1.27            7; 268.53, subdivision 5; and 466.01, subdivision 1; 
  1.28            Laws 1997, chapter 162, article 1, section 18, 
  1.29            subdivision 8; article 3, section 8, subdivision 3; 
  1.30            article 4, section 63, subdivisions 2 and 3; Laws 
  1.31            1997, chapter 248, section 47, subdivision 1; Laws 
  1.32            1997, First Special Session chapter 4, article 10, 
  1.33            section 3, subdivision 2; and Laws 1997, First Special 
  1.34            Session chapter 5, section 29; proposing coding for 
  1.35            new law in Minnesota Statutes, chapter 268. 
  1.36  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.37                             ARTICLE 1
  1.38                               POLICY
  1.39     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.40  119B.01, subdivision 16, is amended to read: 
  2.1      Subd. 16.  [TRANSITION YEAR FAMILIES.] "Transition year 
  2.2   families" means families who have received AFDC for at least 
  2.3   three of the last six months before losing eligibility for 
  2.4   AFDC or MFIP-S due to increased hours of employment, increased 
  2.5   income from employment or child or spousal support, or the loss 
  2.6   of income disregards due to time limitations.  Transition year 
  2.7   child care may be used to support employment or job search. 
  2.8      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.9   119B.02, is amended to read: 
  2.10     119B.02 [DUTIES OF COMMISSIONER.] 
  2.11     Subdivision 1.  [RESPONSIBILITY FOR CHILD CARE SERVICES.] 
  2.12  The commissioner shall develop standards for county and human 
  2.13  services boards to provide child care services to enable 
  2.14  eligible families to participate in employment, training, or 
  2.15  education programs.  Within the limits of available 
  2.16  appropriations, the commissioner shall distribute money to 
  2.17  counties to reduce the costs of child care for eligible 
  2.18  families.  The commissioner shall adopt rules to govern the 
  2.19  program in accordance with this section.  The rules must 
  2.20  establish a sliding schedule of fees for parents receiving child 
  2.21  care services.  The rules shall provide that funds received as a 
  2.22  lump sum payment of child support arrearages shall not be 
  2.23  counted as income to a family in the month received but shall be 
  2.24  prorated over the 12 months following receipt and added to the 
  2.25  family income during those months.  In the rules adopted under 
  2.26  this section, county and human services boards shall be 
  2.27  authorized to establish policies for payment of child care 
  2.28  spaces for absent children, when the payment is required by the 
  2.29  child's regular provider.  The rules shall not set a maximum 
  2.30  number of days for which absence payments can be made, but 
  2.31  instead shall direct the county agency to set limits and pay for 
  2.32  absences according to the prevailing market practice in the 
  2.33  county.  County policies for payment of absences shall be 
  2.34  subject to the approval of the commissioner.  The commissioner 
  2.35  shall maximize the use of federal money in section 256.736 and 
  2.36  other programs that provide federal or state reimbursement for 
  3.1   child care services for low-income families who are in 
  3.2   education, training, job search, or other activities allowed 
  3.3   under those programs.  Money appropriated under this section 
  3.4   must be coordinated with the programs that provide federal 
  3.5   reimbursement for child care services to accomplish this 
  3.6   purpose.  Federal reimbursement obtained must be allocated to 
  3.7   the county that spent money for child care that is federally 
  3.8   reimbursable under programs that provide federal reimbursement 
  3.9   for child care services.  The counties shall use the federal 
  3.10  money to expand child care services.  The commissioner may adopt 
  3.11  rules under chapter 14 to implement and coordinate federal 
  3.12  program requirements. 
  3.13     Subd. 2.  [SUPERVISION OF COUNTIES.] The commissioner shall 
  3.14  supervise child care programs administered by the counties 
  3.15  through standard-setting, technical assistance to the counties, 
  3.16  approval of county plans, and distribution of public money for 
  3.17  services.  The commissioner shall provide training and other 
  3.18  support services to assist counties in planning for and 
  3.19  implementing child care assistance programs.  The commissioner 
  3.20  shall establish minimum administrative and service standards for 
  3.21  the provision of child care social services by county boards of 
  3.22  commissioners through the promulgation of a permanent 
  3.23  administrative rule under chapter 14.  
  3.24     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.25  119B.061, subdivision 1, is amended to read: 
  3.26     Subdivision 1.  [ESTABLISHMENT.] Beginning July 1, 1998, a 
  3.27  family receiving or eligible to in which a parent provides care 
  3.28  for the family's infant child may receive a subsidy in lieu of 
  3.29  assistance if the family is eligible for, or is receiving 
  3.30  assistance under the basic sliding fee program is eligible for 
  3.31  assistance for a parent to provide short-term child care for the 
  3.32  family's infant child.  An eligible family must meet the 
  3.33  eligibility factors under section 119B.09, the income criteria 
  3.34  under section 119B.12, and the requirements of this section.  
  3.35  The commissioner shall establish a pool of up to seven percent 
  3.36  of the annual appropriation for the basic sliding fee program to 
  4.1   provide assistance under the at-home infant child care program.  
  4.2   At the end of the fiscal year, any unspent funds must be used 
  4.3   for assistance under the basic sliding fee program. 
  4.4      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  4.5   119B.061, subdivision 2, is amended to read: 
  4.6      Subd. 2.  [ELIGIBLE FAMILIES.] A family with an infant 
  4.7   under the age of one year is eligible for assistance if: 
  4.8      (1) the family is not receiving MFIP-S, other cash 
  4.9   assistance, or other child care assistance; 
  4.10     (2) the family has not previously received all of the 
  4.11  one-year exemption from the work requirement for infant care 
  4.12  under the MFIP-S program; 
  4.13     (3) the family has not previously received a life-long 
  4.14  total of 12 months of assistance under this section; and 
  4.15     (4) the family is participating in the basic sliding fee 
  4.16  program or, for the first child in a family, provides 
  4.17  verification of employment at the time of application and meets 
  4.18  the program requirements. 
  4.19     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  4.20  119B.061, subdivision 3, is amended to read: 
  4.21     Subd. 3.  [ELIGIBLE PARENT.] Only A family is eligible for 
  4.22  assistance under this section if one parent, in a two-parent 
  4.23  family, is eligible for assistance cares for the family's infant 
  4.24  child.  The eligible parent must: 
  4.25     (1) be over the age of 18; 
  4.26     (2) provide care for the infant full-time care for the 
  4.27  child in the child's home; and 
  4.28     (3) provide child care for any other children in the family 
  4.29  that who are eligible for child care assistance under chapter 
  4.30  119B. 
  4.31     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  4.32  119B.061, subdivision 4, is amended to read: 
  4.33     Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
  4.34  lifetime total of 12 months of assistance under this section.  
  4.35  The maximum rate of assistance must be at 75 percent of the rate 
  4.36  established under section 119B.13 for care of infants in 
  5.1   licensed family day care in the applicant's county of 
  5.2   residence.  Assistance must be calculated to reflect the copay 
  5.3   requirement and the family's income level. 
  5.4      (b) A participating family must continue to report income 
  5.5   and other family changes as specified in the county's plan under 
  5.6   section 119B.08, subdivision 3.  The family must treat any 
  5.7   assistance received under this section as unearned income. 
  5.8      (c) Participation in the at-home infant child care program 
  5.9   must be considered participation in the basic sliding fee 
  5.10  program for purposes of continuing eligibility under section 
  5.11  119B.03, subdivision 3. 
  5.12     (d) The time that a family that receives assistance under 
  5.13  this section is ineligible for must be deducted from the 
  5.14  one-year exemption from work requirements under the MFIP-S 
  5.15  program. 
  5.16     (e) Assistance under this section does not establish an 
  5.17  employer-employee relationship between any member of the 
  5.18  assisted family and the county or state. 
  5.19     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  5.20  119B.075, is amended to read: 
  5.21     119B.075 [CHILD CARE RESERVE ACCOUNT.] 
  5.22     A reserve account must be created within the general fund 
  5.23  for all unexpended basic sliding fee child care, TANF child 
  5.24  care, or other child care funds under the jurisdiction of the 
  5.25  commissioner.  Any funds for those purposes that are unexpended 
  5.26  at the end of a biennium must be deposited in this reserve 
  5.27  account, and may be appropriated on an ongoing basis by the 
  5.28  commissioner for basic sliding fee child care or TANF child 
  5.29  care.  A child care reserve account is created in the state 
  5.30  treasury.  Funds appropriated for child care assistance and 
  5.31  development to the commissioner that are not expended in the 
  5.32  biennium beginning July 1, 1997, must be retained in the reserve 
  5.33  account to be expended for child care programs in fiscal year 
  5.34  2000 and subsequent fiscal years. 
  5.35     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  5.36  119B.10, subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
  6.2   RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 
  6.3   and who are eligible for assistance under this section are 
  6.4   eligible to receive up to 240 hours of child care assistance per 
  6.5   calendar year.  
  6.6      (b) Employed persons who work at least an average of 20 and 
  6.7   full-time students who work at least an average of ten hours a 
  6.8   week and receive at least a minimum wage for all hours worked 
  6.9   are eligible for continued child care assistance for 
  6.10  employment.  Child care assistance during employment must be 
  6.11  authorized as provided in paragraphs (c) and (d). 
  6.12     (c) When the caregiver works for an hourly wage and the 
  6.13  hourly wage is equal to or greater than the applicable minimum 
  6.14  wage, child care assistance shall be provided for the actual 
  6.15  hours of employment, break, and mealtime during the employment 
  6.16  and travel time up to two hours per day. 
  6.17     (d) When the caregiver does not work for an hourly wage, 
  6.18  child care assistance must be provided for the lesser of: 
  6.19     (1) the amount of child care determined by dividing gross 
  6.20  earned income by the applicable minimum wage, up to one hour 
  6.21  every eight hours for meals and break time, plus up to two hours 
  6.22  per day for travel time; or 
  6.23     (2) the amount of child care equal to the actual amount of 
  6.24  child care used during employment, including break and mealtime 
  6.25  during employment, and travel time up to two hours per day. 
  6.26     Sec. 9.  Minnesota Statutes 1996, section 119B.10, is 
  6.27  amended by adding a subdivision to read: 
  6.28     Subd. 3.  [SELF-EMPLOYMENT EXCEPTION.] For assistance under 
  6.29  section 119B.03, a caregiver who has a business plan for 
  6.30  self-employment is exempt for up to six months from the minimum 
  6.31  wage requirements under subdivision 1, paragraph (d), clause 
  6.32  (1).  The caregiver must demonstrate that the business plan has 
  6.33  been developed and reviewed by an organization that specializes 
  6.34  in business assistance including, but not limited to, a 
  6.35  community development corporation, a small business assistance 
  6.36  center, or an organization affiliated with the Minnesota Micro 
  7.1   Enterprise Association.  The caregiver must meet all other 
  7.2   eligibility requirements for assistance under the basic sliding 
  7.3   fee program. 
  7.4      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  7.5   119B.13, subdivision 1, is amended to read: 
  7.6      Subdivision 1.  [SUBSIDY RESTRICTIONS.] Effective July 1, 
  7.7   1991, the maximum rate paid for child care assistance under the 
  7.8   child care fund is the maximum rate eligible for federal 
  7.9   reimbursement.  The rate may not exceed the 75th percentile rate 
  7.10  for like-care arrangements in the county as surveyed by the 
  7.11  commissioner.  A rate which includes a provider bonus paid under 
  7.12  subdivision 2 or a special needs rate paid under subdivision 3 
  7.13  may be in excess of the maximum rate allowed under this 
  7.14  subdivision.  The department of children, families, and learning 
  7.15  shall monitor the effect of this paragraph on provider rates.  
  7.16  The county shall pay the provider's full charges for every child 
  7.17  in care up to the maximum established.  The commissioner shall 
  7.18  determine the maximum rate for each type of care, including 
  7.19  special needs and handicapped care.  Not less than once every 
  7.20  two years, the county shall evaluate rates market practices for 
  7.21  payment of absent spaces absences and shall establish policies 
  7.22  for payment of absent days that reflect current market practice. 
  7.23     When the provider charge is greater than the maximum 
  7.24  provider rate allowed, the parent is responsible for payment of 
  7.25  the difference in the rates in addition to any family copayment 
  7.26  fee. 
  7.27     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
  7.28  119B.13, subdivision 6, is amended to read: 
  7.29     Subd. 6.  [PROVIDER PAYMENTS.] Counties shall make vendor 
  7.30  payments to the child care provider, or may pay the parent 
  7.31  directly for eligible child care expenses if the county has 
  7.32  established procedures and requires documentation to ensure that 
  7.33  the payment is used for child care.  A parent who receives a 
  7.34  direct child care payment must provide the documentation, as 
  7.35  required by the county, that the payment was used for eligible 
  7.36  child care expenses.  If payments for child care assistance are 
  8.1   made to providers, the provider shall bill the county for 
  8.2   services provided within ten days of the end of the month of 
  8.3   service.  If bills are submitted in accordance with the 
  8.4   provisions of this subdivision, a county shall issue payment to 
  8.5   the provider of child care under the child care fund within 30 
  8.6   days of receiving an invoice from the provider.  Counties may 
  8.7   establish policies that make payments on a more frequent basis.  
  8.8   A county's payment policies must be included in the county's 
  8.9   child care plan under section 119B.08, subdivision 3. 
  8.10     Sec. 12.  Minnesota Statutes 1996, section 119B.18, 
  8.11  subdivision 2, is amended to read: 
  8.12     Subd. 2.  [DUTIES.] The regional resource and referral 
  8.13  program shall have the duties specified in section 119B.19.  In 
  8.14  addition, the regional program shall be responsible for 
  8.15  establishing new or collaborating with existing community-based 
  8.16  committees such as interagency early intervention committees or 
  8.17  neighborhood groups to advocate for child care needs in the 
  8.18  community, including school-age care needs, as well as serve as 
  8.19  important local resources for children and their families. 
  8.20     Sec. 13.  Minnesota Statutes 1996, section 119B.18, is 
  8.21  amended by adding a subdivision to read: 
  8.22     Subd. 4.  [BUSINESS PRACTICES ASSISTANCE.] The regional 
  8.23  resource and referral programs may provide technical assistance 
  8.24  on sound business practices to start-up and established child 
  8.25  care providers.  The assistance may include business planning 
  8.26  and effective business management practices for family child 
  8.27  care providers, business-based providers, child care centers, 
  8.28  providers who offer care during nonstandard hours, and other 
  8.29  child care facilities.  
  8.30     Sec. 14.  Minnesota Statutes 1996, section 119B.18, is 
  8.31  amended by adding a subdivision to read: 
  8.32     Subd. 5.  [PRELICENSING ASSISTANCE.] The regional child 
  8.33  care resource and referral programs may act as a liaison and 
  8.34  provide technical assistance to start-up and expanding child 
  8.35  care providers.  Assistance to achieve licensure for child care 
  8.36  facilities may include identifying the necessary code and 
  9.1   licensing requirements and coordinating prelicensing conferences 
  9.2   or prelicensing assessments with state and local officials. 
  9.3      Sec. 15.  Minnesota Statutes 1996, section 119B.19, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [AUTHORITY.] The commissioner of children, 
  9.6   families, and learning may make grants to public or private 
  9.7   nonprofit agencies for the planning, establishment, expansion, 
  9.8   improvement, or operation of child care resource and referral 
  9.9   programs and child care services, including school-age care 
  9.10  programs, according to the provisions of this section and may 
  9.11  make grants to county boards to carry out the purposes of 
  9.12  sections 119B.19 to 119B.21. 
  9.13     Sec. 16.  Minnesota Statutes 1996, section 119B.19, is 
  9.14  amended by adding a subdivision to read: 
  9.15     Subd. 3a.  [PROGRAM SERVICES; SCHOOL-AGE CARE.] The 
  9.16  commissioner may make grants to public or private nonprofit 
  9.17  entities to fund school-age care programs.  School-age care 
  9.18  programs shall meet the requirements of section 121.88, 
  9.19  subdivision 10. 
  9.20     Sec. 17.  Minnesota Statutes 1996, section 119B.19, 
  9.21  subdivision 4, is amended to read: 
  9.22     Subd. 4.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
  9.23  awarding resource and referral grants shall be given in the 
  9.24  following order: 
  9.25     (1) start up resource and referral programs in areas of the 
  9.26  state where they do not exist; and 
  9.27     (2) improve resource and referral programs. 
  9.28     Resource and referral programs shall meet the following 
  9.29  requirements:  
  9.30     (a) Each program shall identify all existing child care 
  9.31  services through information provided by all relevant public and 
  9.32  private agencies in the areas of service, and shall develop a 
  9.33  resource file of the services which shall be maintained and 
  9.34  updated at least quarterly.  These services must include family 
  9.35  day care homes; public and private day care programs; full-time 
  9.36  and part-time programs; infant, preschool, and extended care 
 10.1   programs; and programs for school-age children. 
 10.2      The resource file must include:  the type of program, hours 
 10.3   of program service, ages of children served, fees, location of 
 10.4   the program, eligibility requirements for enrollment, special 
 10.5   needs services, and transportation available to the program.  
 10.6   The file may also include program information and special 
 10.7   program features. 
 10.8      (b) Each resource and referral program shall establish a 
 10.9   referral process which responds to parental need for information 
 10.10  and which fully recognizes confidentiality rights of parents.  
 10.11  The referral process must afford parents maximum access to all 
 10.12  referral information.  This access must include telephone 
 10.13  referral available for no less than 20 hours per week. 
 10.14     Each child care resource and referral agency shall 
 10.15  publicize its services through popular media sources, agencies, 
 10.16  employers, and other appropriate methods. 
 10.17     (c) Each resource and referral program shall maintain 
 10.18  ongoing documentation of requests for service.  All child care 
 10.19  resource and referral agencies must maintain documentation of 
 10.20  the number of calls and contacts to the child care information 
 10.21  and referral agency or component.  A resource and referral 
 10.22  program shall collect and maintain the following information: 
 10.23     (1) ages of children served; 
 10.24     (2) time category of child care request for each child; 
 10.25     (3) special time category, such as nights, weekends, and 
 10.26  swing shift; and 
 10.27     (4) reason that the child care is needed. 
 10.28     (d) Each resource and referral program shall make available 
 10.29  the following information as an educational aid to parents: 
 10.30     (1) information on aspects of evaluating the quality and 
 10.31  suitability of child care services, including licensing 
 10.32  regulation, financial assistance available, child abuse 
 10.33  reporting procedures, appropriate child development information; 
 10.34     (2) information on available parent, early childhood, and 
 10.35  family education programs in the community. 
 10.36     (e) On or after one year of operation a resource and 
 11.1   referral program shall provide technical assistance to employers 
 11.2   and existing and potential providers of all types of child care 
 11.3   services.  This assistance shall include: 
 11.4      (1) information on all aspects of initiating new child care 
 11.5   services including licensing, zoning, program and budget 
 11.6   development, and assistance in finding information from other 
 11.7   sources; 
 11.8      (2) information and resources which help existing child 
 11.9   care providers to maximize their ability to serve the children 
 11.10  and parents of their community; 
 11.11     (3) dissemination of information on current public issues 
 11.12  affecting the local and state delivery of child care services; 
 11.13     (4) facilitation of communication between existing child 
 11.14  care providers and child-related services in the community 
 11.15  served; 
 11.16     (5) recruitment of licensed providers; and 
 11.17     (6) options, and the benefits available to employers 
 11.18  utilizing the various options, to expand child care services to 
 11.19  employees. 
 11.20     Services prescribed by this section must be designed to 
 11.21  maximize parental choice in the selection of child care and to 
 11.22  facilitate the maintenance and development of child care 
 11.23  services and resources. 
 11.24     (f) Child care resource and referral information must be 
 11.25  provided to all persons requesting services and to all types of 
 11.26  child care providers and employers. 
 11.27     (g) Each resource and referral program shall coordinate 
 11.28  early childhood training for child care providers in that 
 11.29  program's service delivery area.  The resource and referral 
 11.30  program shall convene an early childhood care and education 
 11.31  training advisory committee to assist in the following 
 11.32  activities: 
 11.33     (1) assess the early childhood care and education training 
 11.34  needs of child care center staff and family and group family 
 11.35  child care providers, including both the needs related to early 
 11.36  childhood development and to the development of school-age 
 12.1   children; 
 12.2      (2) coordinate existing both early childhood and school-age 
 12.3   care and education training; 
 12.4      (3) develop new early childhood and school-age care and 
 12.5   education training opportunities; and 
 12.6      (4) publicize all early childhood and school-age training 
 12.7   classes and workshops to child care center staff and family and 
 12.8   group family child care providers in the service delivery area. 
 12.9      (h) Public or private entities may apply to the 
 12.10  commissioner for funding.  A local match of up to 25 percent is 
 12.11  required. 
 12.12     Sec. 18.  Minnesota Statutes 1996, section 119B.19, is 
 12.13  amended by adding a subdivision to read: 
 12.14     Subd. 4a.  [GRANT REQUIREMENTS.] (a) Each school-age care 
 12.15  program shall work with the resource and referral program in the 
 12.16  geographic region to coordinate training for school-age care 
 12.17  providers in that program's service delivery area. 
 12.18     (b) Public or private entities may apply to the 
 12.19  commissioner for funding.  A local match of up to 25 percent is 
 12.20  required. 
 12.21     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 12.22  119B.21, subdivision 2, is amended to read: 
 12.23     Subd. 2.  [DISTRIBUTION OF FUNDS.] (a) The commissioner 
 12.24  shall allocate grant money appropriated for child care service 
 12.25  development among the development regions designated by the 
 12.26  governor under section 462.385, considering the following 
 12.27  factors for each economic development region: 
 12.28     (1) the number of children under 13 14 years of age needing 
 12.29  child care in the service area; 
 12.30     (2) the geographic area served by the agency; 
 12.31     (3) the ratio of children under 13 14 years of age needing 
 12.32  child care to the number of licensed spaces in the service area; 
 12.33     (4) the number of licensed child care providers and 
 12.34  extended day school-age child care programs in the service area; 
 12.35  and 
 12.36     (5) other related factors determined by the commissioner. 
 13.1      (b) Out of the amount allocated for each economic 
 13.2   development region, the commissioner shall award grants based on 
 13.3   the recommendation of the child care regional advisory 
 13.4   committees.  In addition, the commissioner shall award no more 
 13.5   than 75 percent of the money either to child care facilities for 
 13.6   the purpose of facility improvement or interim financing or to 
 13.7   child care workers for staff training expenses.  
 13.8      (c) Any funds unobligated may be used by the commissioner 
 13.9   to award grants to proposals that received funding 
 13.10  recommendations by the regional advisory committees but were not 
 13.11  awarded due to insufficient funds.  
 13.12     (d) The commissioner may allocate grants under this section 
 13.13  for a two-year period and may carry forward funds from the first 
 13.14  year as necessary. 
 13.15     Sec. 20.  Minnesota Statutes 1997 Supplement, section 
 13.16  119B.21, subdivision 4, is amended to read: 
 13.17     Subd. 4.  [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 
 13.18  AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 
 13.19  funds appropriated for child care resource and referral services 
 13.20  considering the following factors for each economic development 
 13.21  region served by the child care resource and referral agency:  
 13.22     (1) the number of children under 13 14 years of age needing 
 13.23  child care in the service area; 
 13.24     (2) the geographic area served by the agency; 
 13.25     (3) the ratio of children under 13 14 years of age needing 
 13.26  care to the number of licensed spaces in the service area; 
 13.27     (4) the number of licensed child care providers and 
 13.28  extended day school-age child care programs in the service area; 
 13.29  and 
 13.30     (5) other related factors determined by the commissioner.  
 13.31     (b) The commissioner may renew grants to existing resource 
 13.32  and referral agencies that have met state standards and have 
 13.33  been designated as the child care resource and referral service 
 13.34  for a particular geographical area.  The recipients of renewal 
 13.35  grants are exempt from the proposal review process. 
 13.36     Sec. 21.  Minnesota Statutes 1997 Supplement, section 
 14.1   119B.21, subdivision 5, is amended to read: 
 14.2      Subd. 5.  [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 
 14.3   MAY BE AWARDED.] The commissioner may award grants for: 
 14.4      (1) child care service development grants for the following 
 14.5   purposes: 
 14.6      (i) for creating new licensed day care facilities and 
 14.7   expanding existing facilities, including, but not limited to, 
 14.8   supplies, equipment, facility renovation, and remodeling; 
 14.9      (ii) for improving licensed day care facility programs, 
 14.10  including, but not limited to, center accreditation, incentives 
 14.11  for staff retention, staff specialists, staff training, 
 14.12  supplies, equipment, and facility renovation and remodeling; 
 14.13     (iii) for supportive child development services including, 
 14.14  but not limited to, in-service training, curriculum development, 
 14.15  consulting specialist, resource centers, and program and 
 14.16  resource materials; 
 14.17     (iv) for carrying out programs including, but not limited 
 14.18  to, staff, supplies, equipment, facility renovation, and 
 14.19  training; 
 14.20     (v) for interim financing; 
 14.21     (vi) family child care technical assistance awards; and 
 14.22     (vii) for capacity building through the purchase of 
 14.23  appropriate technology and software, and staff training to 
 14.24  create, enhance, and maintain financial systems for 
 14.25  facilities; and 
 14.26     (viii) for promoting cooperation and coordination in 
 14.27  school-age care programs between school districts, community 
 14.28  education, park boards, after school programs, and other 
 14.29  programs serving school-age children; 
 14.30     (2) child care resource and referral program services 
 14.31  identified in section 119B.19, subdivision 3; or 
 14.32     (3) targeted recruitment initiatives to expand and build 
 14.33  capacity of the child care system, including, but not limited 
 14.34  to, increasing child care services during nonstandard hours; or 
 14.35     (4) school-age care programs. 
 14.36     Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 15.1   119B.21, subdivision 11, is amended to read: 
 15.2      Subd. 11.  [ADVISORY TASK FORCE.] The commissioner may 
 15.3   convene a statewide advisory task force which shall advise the 
 15.4   commissioner on grants or other child care issues.  The 
 15.5   following constituent groups must be represented:  family child 
 15.6   care providers, center providers, parent users, health services, 
 15.7   social services, Head Start, public schools, employers, and 
 15.8   other citizens with demonstrated interest in child care issues.  
 15.9   Each regional grant review committee formed under subdivision 3, 
 15.10  shall appoint a representative to the advisory task force.  
 15.11  Additional members may be appointed by the commissioner.  The 
 15.12  commissioner may convene meetings of the task force as needed.  
 15.13  Terms of office and removal from office are governed by the 
 15.14  appointing body.  The commissioner may compensate members for 
 15.15  their travel, child care, and child care provider substitute 
 15.16  expenses for meetings of the task force. 
 15.17     Sec. 23.  Minnesota Statutes 1996, section 120.1701, 
 15.18  subdivision 5, is amended to read: 
 15.19     Subd. 5.  [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 
 15.20  A school district, group of districts, or special education 
 15.21  cooperative, in cooperation with the health and human service 
 15.22  agencies located in the county or counties in which the district 
 15.23  or cooperative is located, shall establish an interagency early 
 15.24  intervention committee for children with disabilities under age 
 15.25  five and their families.  Committees shall include 
 15.26  representatives of local and regional health, education, and 
 15.27  county human service agencies; county boards; school boards; 
 15.28  early childhood family education programs; child care programs 
 15.29  and providers; parents of young children with disabilities under 
 15.30  age 12; current service providers; and may also include 
 15.31  representatives from other private or public agencies.  The 
 15.32  committee shall elect a chair from among its members and shall 
 15.33  meet at least quarterly. 
 15.34     (b) The committee shall develop and implement interagency 
 15.35  policies and procedures concerning the following ongoing duties: 
 15.36     (1) develop public awareness systems designed to inform 
 16.1   potential recipient families of available programs and services; 
 16.2      (2) implement interagency child find systems designed to 
 16.3   actively seek out, identify, and refer infants and young 
 16.4   children with, or at risk of, disabilities and their families; 
 16.5      (3) establish and evaluate the identification, referral, 
 16.6   child and family assessment systems, procedural safeguard 
 16.7   process, and community learning systems to recommend, where 
 16.8   necessary, alterations and improvements; 
 16.9      (4) assure the development of individualized family service 
 16.10  plans for all eligible infants and toddlers with disabilities 
 16.11  from birth through age two, and their families, and individual 
 16.12  education plans and individual service plans when necessary to 
 16.13  appropriately serve children with disabilities, age three and 
 16.14  older, and their families and recommend assignment of financial 
 16.15  responsibilities to the appropriate agencies.  Agencies are 
 16.16  encouraged to develop individual family service plans for 
 16.17  children with disabilities, age three and older; 
 16.18     (5) implement a process for assuring that services involve 
 16.19  cooperating agencies at all steps leading to individualized 
 16.20  programs; 
 16.21     (6) facilitate the development of a transitional plan if a 
 16.22  service provider is not recommended to continue to provide 
 16.23  services; 
 16.24     (7) identify the current services and funding being 
 16.25  provided within the community for children with disabilities 
 16.26  under age five and their families; 
 16.27     (8) develop a plan for the allocation and expenditure of 
 16.28  additional state and federal early intervention funds under 
 16.29  United States Code, title 20, section 1471 et seq. (Part H, 
 16.30  Public Law Number 102-119) and United States Code, title 20, 
 16.31  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 16.32     (9) develop a policy that is consistent with section 13.05, 
 16.33  subdivision 9, and federal law to enable a member of an 
 16.34  interagency early intervention committee to allow another member 
 16.35  access to data classified as not public; and 
 16.36     (10) identify the child care services available in the 
 17.1   community for children with disabilities and facilitate a 
 17.2   process for the integration and coordination of child care 
 17.3   services with other services provided to children with 
 17.4   disabilities. 
 17.5      (c) The local committee shall also: 
 17.6      (1) participate in needs assessments and program planning 
 17.7   activities conducted by local social service, health and 
 17.8   education agencies for young children with disabilities and 
 17.9   their families; 
 17.10     (2) review and comment on the early intervention section of 
 17.11  the total special education system for the district, the county 
 17.12  social service plan, the section or sections of the community 
 17.13  health services plan that address needs of and service 
 17.14  activities targeted to children with special health care needs, 
 17.15  and the section of the maternal and child health special project 
 17.16  grants that address needs of and service activities targeted to 
 17.17  children with chronic illness and disabilities; and 
 17.18     (3) prepare a yearly summary on the progress of the 
 17.19  community in serving young children with disabilities, and their 
 17.20  families, including the expenditure of funds, the identification 
 17.21  of unmet service needs identified on the individual family 
 17.22  services plan and other individualized plans, and local, state, 
 17.23  and federal policies impeding the implementation of this section.
 17.24     (d) The summary must be organized following a format 
 17.25  prescribed by the commissioner of the state lead agency and must 
 17.26  be submitted to each of the local agencies and to the state 
 17.27  interagency coordinating council by October 1 of each year. 
 17.28     The departments of children, families, and learning, 
 17.29  health, and human services must provide assistance to the local 
 17.30  agencies in developing cooperative plans for providing services. 
 17.31     Sec. 24.  Minnesota Statutes 1996, section 121.8355, is 
 17.32  amended by adding a subdivision to read: 
 17.33     Subd. 2b.  [INSURANCE.] The commissioner of children, 
 17.34  families, and learning may designate one collaborative to act as 
 17.35  a lead collaborative for purposes of obtaining liability 
 17.36  coverage for participating collaboratives. 
 18.1      Sec. 25.  Minnesota Statutes 1997 Supplement, section 
 18.2   121.88, subdivision 10, is amended to read: 
 18.3      Subd. 10.  [EXTENDED DAY SCHOOL-AGE CARE PROGRAMS.] (a) A 
 18.4   school board may offer, as part of a community education 
 18.5   program, an extended day a school-age care program for children 
 18.6   from kindergarten through grade 6 for the purpose of expanding 
 18.7   students' learning opportunities.  If the school board chooses 
 18.8   not to offer a school-age care program, it may allow an 
 18.9   appropriate insured community group, for profit entity or 
 18.10  nonprofit organization to use available school facilities for 
 18.11  the purpose of offering a school-age care program. 
 18.12     (b) A school-age care program must include the following: 
 18.13     (1) adult supervised programs while school is not in 
 18.14  session; 
 18.15     (2) parental involvement in program design and direction; 
 18.16     (3) partnerships with the K-12 system, and other public, 
 18.17  private, or nonprofit entities; and 
 18.18     (4) opportunities for trained secondary school pupils to 
 18.19  work with younger children in a supervised setting as part of a 
 18.20  community service program.; and 
 18.21     (5) access to available school facilities, including the 
 18.22  gymnasium, sports equipment, computer labs, and media centers, 
 18.23  when not otherwise in use as part of the operation of the 
 18.24  school.  The school district may establish reasonable rules 
 18.25  relating to access to these facilities and may require that: 
 18.26     (i) the organization request access to the facilities and 
 18.27  prepare and maintain a schedule of proposed use; 
 18.28     (ii) the organization provide evidence of adequate 
 18.29  insurance to cover the activities to be conducted in the 
 18.30  facilities; and 
 18.31     (iii) the organization prepare and maintain a plan 
 18.32  demonstrating the adequacy and training of staff to supervise 
 18.33  the use of the facilities. 
 18.34     (b) (c) The district may charge a sliding fee based upon 
 18.35  family income for extended day school-age care programs.  The 
 18.36  district may receive money from other public or private sources 
 19.1   for the extended day school-age care program.  The school board 
 19.2   of the district shall develop standards for school-age child 
 19.3   care programs.  Districts with programs in operation before July 
 19.4   1, 1990, must adopt standards before October 1, 1991.  All other 
 19.5   districts must adopt standards within one year after the 
 19.6   district first offers services under a program authorized by 
 19.7   this subdivision.  The state board of education may not adopt 
 19.8   rules for extended day school-age care programs. 
 19.9      (c) (d) The district shall maintain a separate account 
 19.10  within the community services fund for all funds related to the 
 19.11  extended day school-age care program. 
 19.12     (e) A district is encouraged to coordinate the school-age 
 19.13  care program with its special education, vocational education, 
 19.14  adult basic education, early childhood family education 
 19.15  programs, K-12 instruction and curriculum services, youth 
 19.16  development and youth service agencies, and with related 
 19.17  services provided by other governmental agencies and nonprofit 
 19.18  agencies. 
 19.19     Sec. 26.  Minnesota Statutes 1996, section 124.26, 
 19.20  subdivision 1c, is amended to read: 
 19.21     Subd. 1c.  [PROGRAM APPROVAL.] (a) To receive aid under 
 19.22  this section, a district, a consortium of districts, or a 
 19.23  private nonprofit organization must submit an application by 
 19.24  June 1 describing the program, on a form provided by the 
 19.25  department.  The program must be approved by the commissioner 
 19.26  according to the following criteria:  
 19.27     (1) how the needs of different levels of learning will be 
 19.28  met; 
 19.29     (2) for continuing programs, an evaluation of results; 
 19.30     (3) anticipated number and education level of participants; 
 19.31     (4) coordination with other resources and services; 
 19.32     (5) participation in a consortium, if any, and money 
 19.33  available from other participants; 
 19.34     (6) management and program design; 
 19.35     (7) volunteer training and use of volunteers; 
 19.36     (8) staff development services; 
 20.1      (9) program sites and schedules; and 
 20.2      (10) program expenditures that qualify for aid.  
 20.3      (b) The commissioner may grant adult basic education funds 
 20.4   to a private, nonprofit organization to provide services that 
 20.5   are not offered by a district or that are supplemental to a 
 20.6   district's program.  The A program provided under this provision 
 20.7   must be approved and funded according to the same criteria used 
 20.8   for district programs under paragraph (c). 
 20.9      (c) The commissioner may use up to two percent of the 
 20.10  annual state appropriation for adult basic education for grants 
 20.11  to nonprofit organizations to provide statewide support 
 20.12  services, including, but not limited to: 
 20.13     (1) training literacy volunteers; 
 20.14     (2) coordinating volunteer literacy programs in schools and 
 20.15  other locations; 
 20.16     (3) operating a toll-free telephone referral service for 
 20.17  adult students and volunteers; and 
 20.18     (4) promoting literacy awareness. 
 20.19     In making a grant under this paragraph, the commissioner 
 20.20  shall consider an organization's prior experience and capacity 
 20.21  to provide services throughout the state.  
 20.22     (d) Adult basic education programs may be approved under 
 20.23  this subdivision for up to five years.  Five-year program 
 20.24  approval shall be granted to an applicant who has demonstrated 
 20.25  the capacity to: 
 20.26     (1) offer comprehensive learning opportunities and support 
 20.27  service choices appropriate for and accessible to adults at all 
 20.28  basic skill need levels; 
 20.29     (2) provide a participatory and experiential learning 
 20.30  approach based on the strengths, interests, and needs of each 
 20.31  adult, that enables adults with basic skill needs to: 
 20.32     (i) identify, plan for, and evaluate their own progress 
 20.33  toward achieving their defined educational and occupational 
 20.34  goals; 
 20.35     (ii) master the basic academic reading, writing, and 
 20.36  computational skills, as well as the problem-solving, decision 
 21.1   making, interpersonal effectiveness, and other life and learning 
 21.2   skills they need to function effectively in a changing society; 
 21.3      (iii) locate and be able to use the health, governmental, 
 21.4   and social services and resources they need to improve their own 
 21.5   and their families' lives; and 
 21.6      (iv) continue their education, if they desire, to at least 
 21.7   the level of secondary school completion, with the ability to 
 21.8   secure and benefit from continuing education that will enable 
 21.9   them to become more employable, productive, and responsible 
 21.10  citizens; 
 21.11     (3) plan, coordinate, and develop cooperative agreements 
 21.12  with community resources to address the needs that the adults 
 21.13  have for support services, such as transportation, flexible 
 21.14  course scheduling, convenient class locations, and child care; 
 21.15     (4) collaborate with business, industry, labor unions, and 
 21.16  employment-training agencies, as well as with family and 
 21.17  occupational education providers, to arrange for resources and 
 21.18  services through which adults can attain economic 
 21.19  self-sufficiency; 
 21.20     (5) provide sensitive and well trained adult education 
 21.21  personnel who participate in local, regional, and statewide 
 21.22  adult basic education staff development events to master 
 21.23  effective adult learning and teaching techniques; 
 21.24     (6) participate in regional adult basic education peer 
 21.25  program reviews and evaluations; and 
 21.26     (7) submit accurate and timely performance and fiscal 
 21.27  reports. 
 21.28     Sec. 27.  Minnesota Statutes 1996, section 245A.06, 
 21.29  subdivision 2, is amended to read: 
 21.30     Subd. 2.  [RECONSIDERATION OF CORRECTION ORDERS.] If the 
 21.31  applicant or license holder believes that the contents of the 
 21.32  commissioner's correction order are in error, the applicant or 
 21.33  license holder may ask the department of human services to 
 21.34  reconsider the parts of the correction order that are alleged to 
 21.35  be in error.  For a family day care facility or a child care 
 21.36  program, the commissioner's correction order given to the 
 22.1   applicant or license holder must inform the applicant or license 
 22.2   holder of the right to request reconsideration by the 
 22.3   commissioner.  The request for reconsideration must be in 
 22.4   writing and received by the commissioner within 20 calendar days 
 22.5   after receipt of the correction order by the applicant or 
 22.6   license holder, and: 
 22.7      (1) specify the parts of the correction order that are 
 22.8   alleged to be in error; 
 22.9      (2) explain why they are in error; and 
 22.10     (3) include documentation to support the allegation of 
 22.11  error. 
 22.12     A request for reconsideration does not stay any provisions 
 22.13  or requirements of the correction order.  The commissioner's 
 22.14  disposition of a request for reconsideration is final and not 
 22.15  subject to appeal under chapter 14. 
 22.16     Sec. 28.  Minnesota Statutes 1996, section 256.045, is 
 22.17  amended by adding a subdivision to read: 
 22.18     Subd. 3c.  [FINAL ORDER IN HEARING UNDER SECTION 119B.16.] 
 22.19  The state human services referee shall recommend an order to the 
 22.20  commissioner of children, families, and learning in an appeal 
 22.21  under section 119B.16.  The commissioner shall affirm, reverse, 
 22.22  or modify the order.  An order issued under this subdivision is 
 22.23  conclusive on the parties unless an appeal is taken under 
 22.24  subdivision 7.  
 22.25     Sec. 29.  Minnesota Statutes 1996, section 256.045, 
 22.26  subdivision 6, is amended to read: 
 22.27     Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
 22.28  SUBPOENAS.] (a) The commissioner of human services, or the 
 22.29  commissioner of health for matters within the commissioner's 
 22.30  jurisdiction under subdivision 3b, or the commissioner of 
 22.31  children, families, and learning for matters within the 
 22.32  commissioner's jurisdiction under subdivision 3, may initiate a 
 22.33  review of any action or decision of a county agency and direct 
 22.34  that the matter be presented to a state human services referee 
 22.35  for a hearing held under subdivision 3, 3a, 3b, or 4a.  In all 
 22.36  matters dealing with human services committed by law to the 
 23.1   discretion of the county agency, the commissioner's judgment may 
 23.2   be substituted for that of the county agency.  The commissioner 
 23.3   may order an independent examination when appropriate. 
 23.4      (b) Any party to a hearing held pursuant to subdivision 3, 
 23.5   3a, 3b, or 4a may request that the commissioner issue a subpoena 
 23.6   to compel the attendance of witnesses at the hearing.  The 
 23.7   issuance, service, and enforcement of subpoenas under this 
 23.8   subdivision is governed by section 357.22 and the Minnesota 
 23.9   Rules of Civil Procedure. 
 23.10     (c) The commissioner may issue a temporary order staying a 
 23.11  proposed demission by a residential facility licensed under 
 23.12  chapter 245A while an appeal by a recipient under subdivision 3 
 23.13  is pending or for the period of time necessary for the county 
 23.14  agency to implement the commissioner's order. 
 23.15     Sec. 30.  Minnesota Statutes 1997 Supplement, section 
 23.16  256.045, subdivision 7, is amended to read: 
 23.17     Subd. 7.  [JUDICIAL REVIEW.] Except for a prepaid health 
 23.18  plan, any party who is aggrieved by an order of the commissioner 
 23.19  of human services, or the commissioner of health in appeals 
 23.20  within the commissioner's jurisdiction under subdivision 3b, or 
 23.21  the commissioner of children, families, and learning in appeals 
 23.22  within the commissioner's jurisdiction under subdivision 3, may 
 23.23  appeal the order to the district court of the county responsible 
 23.24  for furnishing assistance, or, in appeals under subdivision 3b, 
 23.25  the county where the maltreatment occurred, by serving a written 
 23.26  copy of a notice of appeal upon the commissioner and any adverse 
 23.27  party of record within 30 days after the date the commissioner 
 23.28  issued the order, the amended order, or order affirming the 
 23.29  original order, and by filing the original notice and proof of 
 23.30  service with the court administrator of the district court.  
 23.31  Service may be made personally or by mail; service by mail is 
 23.32  complete upon mailing; no filing fee shall be required by the 
 23.33  court administrator in appeals taken pursuant to this 
 23.34  subdivision, with the exception of appeals taken under 
 23.35  subdivision 3b.  The commissioner may elect to become a party to 
 23.36  the proceedings in the district court.  Except for appeals under 
 24.1   subdivision 3b, any party may demand that the commissioner 
 24.2   furnish all parties to the proceedings with a copy of the 
 24.3   decision, and a transcript of any testimony, evidence, or other 
 24.4   supporting papers from the hearing held before the human 
 24.5   services referee, by serving a written demand upon the 
 24.6   commissioner within 30 days after service of the notice of 
 24.7   appeal.  Any party aggrieved by the failure of an adverse party 
 24.8   to obey an order issued by the commissioner under subdivision 5 
 24.9   may compel performance according to the order in the manner 
 24.10  prescribed in sections 586.01 to 586.12. 
 24.11     Sec. 31.  [268.372] [DELIVERED FUEL CASH FLOW ACCOUNT.] 
 24.12     Subdivision 1.  [ESTABLISHMENT.] There is established a 
 24.13  cash flow account in the state treasury from which the 
 24.14  commissioner of finance may use general fund reserves.  These 
 24.15  reserves may only be used to meet cash demands of increasing 
 24.16  energy assistance for low-income households who receive energy 
 24.17  assistance through the federal energy assistance program.  The 
 24.18  commissioner of finance shall administer this account according 
 24.19  to the provisions of section 16A.129.  Money in the account from 
 24.20  anticipated receivables is available to the commissioner of 
 24.21  children, families, and learning for the biennium for the 
 24.22  purposes in this section. 
 24.23     Subd. 2.  [USES OF THE ACCOUNT.] The commissioner may 
 24.24  advance money from the delivered fuel account to participating 
 24.25  energy assistance delivery agencies to establish a voluntary 
 24.26  preseason fuel purchase program.  All money advanced from the 
 24.27  account must be used for preseason fuel purchases or contracts. 
 24.28     Subd. 3.  [DELIVERY AGENCY DUTIES.] Energy assistance 
 24.29  delivery agencies may request advances from the account to 
 24.30  obtain preseason delivered fuels through participating fuel 
 24.31  vendors.  The agencies must ensure that any money advanced from 
 24.32  the account is used to benefit households that are eligible for 
 24.33  the federal low-income energy assistance program.  The energy 
 24.34  assistance delivery agencies must recruit local fuel vendors to 
 24.35  participate in the prepurchase program, negotiate fuel price and 
 24.36  delivery terms, and coordinate services for low-income 
 25.1   households.  Nothing in this section requires fuel vendors to 
 25.2   participate in a preseason purchase program. 
 25.3      Subd. 4.  [COMMISSIONER RESPONSIBILITY.] The commissioner 
 25.4   must establish a prepurchase propane program and summer fill 
 25.5   program for fuel oil to increase the energy assistance available 
 25.6   to low-income households.  The commissioner may advance funds to 
 25.7   participating energy assistance agencies for the purposes of the 
 25.8   program.  The commissioner must repay the amount of any advances 
 25.9   from the delivered fuel cash flow account upon receipt of 
 25.10  federal funds for the low-income energy assistance program.  The 
 25.11  commissioner must annually estimate the amount of federal 
 25.12  payments that will be available to repay advances for the 
 25.13  prepurchase fuel program.  Advances from the delivered fuel cash 
 25.14  flow account must not exceed the amount that can be repaid from 
 25.15  federal funds. 
 25.16     Sec. 32.  Minnesota Statutes 1996, section 268.52, 
 25.17  subdivision 1, is amended to read: 
 25.18     Subdivision 1.  [AUTHORIZATION.] The commissioner of 
 25.19  economic security children, families, and learning may provide 
 25.20  financial assistance for community action agencies, Indian 
 25.21  reservations and the statewide migrant seasonal farmworker 
 25.22  organization known as the Minnesota migrant council, and migrant 
 25.23  and seasonal farmworker organizations to carry out community 
 25.24  action programs as described in section 268.54 in accordance 
 25.25  with the omnibus reconciliation act of 1981, Public Law Number 
 25.26  97-35, as amended in 1984, Public Law Number 98-558, state law, 
 25.27  and federal law and regulation. 
 25.28     Sec. 33.  Minnesota Statutes 1996, section 268.52, 
 25.29  subdivision 2, is amended to read: 
 25.30     Subd. 2.  [ALLOCATION OF MONEY.] (a) State money 
 25.31  appropriated and community service block grant money allotted to 
 25.32  the state and all money transferred to the community service 
 25.33  block grant from other block grants shall be allocated annually 
 25.34  to community action agencies and Indian reservation governments 
 25.35  under clauses (b) and (c), and to the Minnesota migrant council 
 25.36  migrant and seasonal farmworker organizations under clause (d). 
 26.1      (b) The available annual money will provide base funding to 
 26.2   all community action agencies and the Indian reservations.  Base 
 26.3   funding amounts per agency are as follows:  for agencies with 
 26.4   low income populations up to 3,999, $25,000; 4,000 to 23,999, 
 26.5   $50,000; and 24,000 or more, $100,000. 
 26.6      (c) All remaining money of the annual money available after 
 26.7   the base funding has been determined must be allocated to each 
 26.8   agency and reservation in proportion to the size of the poverty 
 26.9   level population in the agency's service area compared to the 
 26.10  size of the poverty level population in the state.  
 26.11     (d) Allocation of money to the Minnesota migrant council 
 26.12  migrant and seasonal farmworker organizations must not exceed 
 26.13  three percent of the total annual money available.  Base funding 
 26.14  allocations must be made for all community action agencies and 
 26.15  Indian reservations that received money under this subdivision, 
 26.16  in fiscal year 1984, and for community action agencies 
 26.17  designated under this section with a service area population of 
 26.18  35,000 or greater. 
 26.19     Sec. 34.  Minnesota Statutes 1997 Supplement, section 
 26.20  268.53, subdivision 5, is amended to read: 
 26.21     Subd. 5.  [FUNCTIONS; POWERS.] A community action agency 
 26.22  shall:  
 26.23     (a) Plan systematically for an effective community action 
 26.24  program; develop information as to the problems and causes of 
 26.25  poverty in the community; determine how much and how effectively 
 26.26  assistance is being provided to deal with those problems and 
 26.27  causes; and establish priorities among projects, activities and 
 26.28  areas as needed for the best and most efficient use of 
 26.29  resources; 
 26.30     (b) Encourage agencies engaged in activities related to the 
 26.31  community action program to plan for, secure, and administer 
 26.32  assistance available under section 268.52 or from other sources 
 26.33  on a common or cooperative basis; provide planning or technical 
 26.34  assistance to those agencies; and generally, in cooperation with 
 26.35  community agencies and officials, undertake actions to improve 
 26.36  existing efforts to reduce poverty, such as improving day-to-day 
 27.1   communications, closing service gaps, focusing resources on the 
 27.2   most needy, and providing additional opportunities to low-income 
 27.3   individuals for regular employment or participation in the 
 27.4   programs or activities for which those community agencies and 
 27.5   officials are responsible; 
 27.6      (c) Initiate and sponsor projects responsive to needs of 
 27.7   the poor which are not otherwise being met, with particular 
 27.8   emphasis on providing central or common services that can be 
 27.9   drawn upon by a variety of related programs, developing new 
 27.10  approaches or new types of services that can be incorporated 
 27.11  into other programs, and filling gaps pending the expansion or 
 27.12  modification of those programs; 
 27.13     (d) Establish effective procedures by which the poor and 
 27.14  area residents concerned will be enabled to influence the 
 27.15  character of programs affecting their interests, provide for 
 27.16  their regular participation in the implementation of those 
 27.17  programs, and provide technical and other support needed to 
 27.18  enable the poor and neighborhood groups to secure on their own 
 27.19  behalf available assistance from public and private sources; 
 27.20     (e) Join with and encourage business, labor and other 
 27.21  private groups and organizations to undertake, together with 
 27.22  public officials and agencies, activities in support of the 
 27.23  community action program which will result in the additional use 
 27.24  of private resources and capabilities, with a view to developing 
 27.25  new employment opportunities, stimulating investment that will 
 27.26  have a measurable impact on reducing poverty among residents of 
 27.27  areas of concentrated poverty, and providing methods by which 
 27.28  residents of those areas can work with private groups, firms, 
 27.29  and institutions in seeking solutions to problems of common 
 27.30  concern.  
 27.31     Community action agencies, the Minnesota migrant council 
 27.32  migrant and seasonal farmworker organizations, and the Indian 
 27.33  reservations, may enter into cooperative purchasing agreements 
 27.34  and self-insurance programs with local units of government.  
 27.35  Nothing in this section expands or limits the current private or 
 27.36  public nature of a local community action agency. 
 28.1      (f) Adopt policies that require the agencies to refer area 
 28.2   residents and community action program constituents to education 
 28.3   programs that increase literacy, improve parenting skills, and 
 28.4   address the needs of children from families in poverty.  These 
 28.5   programs include, but are not limited to, early childhood family 
 28.6   education programs, adult basic education programs, and other 
 28.7   life-long learning opportunities.  The agencies and agency 
 28.8   programs, including Head Start, shall collaborate with child 
 28.9   care and other early childhood education programs to ensure 
 28.10  smooth transitions to work for parents. 
 28.11     Sec. 35.  Minnesota Statutes 1996, section 268.54, 
 28.12  subdivision 2, is amended to read: 
 28.13     Subd. 2.  [COMPONENTS.] The components of a community 
 28.14  action program shall be designed to assist participants, 
 28.15  including homeless individuals and families, migrant and 
 28.16  seasonal farmworkers, and the elderly poor to achieve increased 
 28.17  self-sufficiency and greater participation in the affairs of the 
 28.18  community by providing services and programs not sufficiently 
 28.19  provided in the community by any governmental unit, any public 
 28.20  institution, or any other publicly funded agency or 
 28.21  corporation.  Community action agencies, governmental units, 
 28.22  public institutions or other publicly funded agencies or 
 28.23  corporations shall consult on whether or not a program or 
 28.24  service is sufficiently provided in the community. 
 28.25     Sec. 36.  Minnesota Statutes 1996, section 290.067, 
 28.26  subdivision 2, is amended to read: 
 28.27     Subd. 2.  [LIMITATIONS.] The credit for expenses incurred 
 28.28  for the care of each dependent shall not exceed $720 in any 
 28.29  taxable year, and the total credit for all dependents of a 
 28.30  claimant shall not exceed $1,440 in a taxable year.  The maximum 
 28.31  total credit shall be reduced according to the amount of the 
 28.32  income of the claimant and a spouse, if any, as follows:  
 28.33     income up to $13,350 $17,430, $720 maximum for one 
 28.34  dependent, $1,440 for all dependents; 
 28.35     income over $13,350 $17,430, the maximum credit for one 
 28.36  dependent shall be reduced by $18 $12 for every $350 of 
 29.1   additional income, $36 $24 for all dependents. 
 29.2      The commissioner shall construct and make available to 
 29.3   taxpayers tables showing the amount of the credit at various 
 29.4   levels of income and expenses.  The tables shall follow the 
 29.5   schedule contained in this subdivision, except that the 
 29.6   commissioner may graduate the transitions between expenses and 
 29.7   income brackets. 
 29.8      Sec. 37.  Minnesota Statutes 1997 Supplement, section 
 29.9   466.01, subdivision 1, is amended to read: 
 29.10     Subdivision 1.  [MUNICIPALITY.] For the purposes of 
 29.11  sections 466.01 to 466.15, "municipality" means any city, 
 29.12  whether organized under home rule charter or otherwise, any 
 29.13  county, town, public authority, public corporation, nonprofit 
 29.14  firefighting corporation that has associated with it a relief 
 29.15  association as defined in section 424A.001, subdivision 4, 
 29.16  special district, school district, however organized, county 
 29.17  agricultural society organized pursuant to chapter 38, joint 
 29.18  powers board or organization created under section 471.59 or 
 29.19  other statute, public library, regional public library system, 
 29.20  multicounty multitype library system, the following local 
 29.21  collaboratives whose plans have been approved by the children's 
 29.22  cabinet:  family services collaborative collaboratives 
 29.23  established under section 121.8355, children's mental health 
 29.24  collaboratives established under sections 245.491 to 245.496, or 
 29.25  a collaborative established by the merger of a children's mental 
 29.26  health collaborative and a family services collaborative, other 
 29.27  political subdivision, or community action agency. 
 29.28     Sec. 38.  Laws 1997, chapter 248, section 47, subdivision 
 29.29  1, is amended to read: 
 29.30     Subdivision 1.  [INTERIM AGE GROUPINGS; FAMILY DAY CARE.] 
 29.31  Notwithstanding Minnesota Rules, part 9502.0315, subparts 22, 28 
 29.32  and 30, until June 30, 1998, for the purposes of family day care 
 29.33  and group family day care licensure the following definitions 
 29.34  apply: 
 29.35     (1) "Preschooler" means a child who is at least 24 months 
 29.36  old up to the age of being eligible to enter kindergarten within 
 30.1   the next four months. 
 30.2      (2) "Toddler" means a child who is at least 12 months old 
 30.3   but less than 24 months old, except that for purposes of 
 30.4   specialized infant and toddler family and group family day care, 
 30.5   "toddler" means a child who is at least 12 months old but less 
 30.6   than 30 months old. 
 30.7      (3) "School age" means a child who is at least of 
 30.8   sufficient age to have attended the first day of kindergarten, 
 30.9   or is eligible to enter kindergarten within the next four 
 30.10  months, but is younger than 11 years of age. 
 30.11     Sec. 39.  Laws 1997, First Special Session chapter 4, 
 30.12  article 10, section 3, subdivision 2, is amended to read: 
 30.13     Subd. 2.  [DEPARTMENT.] For the department of children, 
 30.14  families, and learning: 
 30.15       $24,360,000    .....      1998
 30.16       $23,978,000    .....      1999
 30.17     (a) Any balance in the first year does not cancel but is 
 30.18  available in the second year. 
 30.19     (b) $21,000 each year is from the trunk highway fund. 
 30.20     (c) $622,000 in 1998 and $627,000 in 1999 is for the 
 30.21  academic excellence foundation. 
 30.22     Up to $50,000 each year is contingent upon the match of $1 
 30.23  in the previous year from private sources consisting of either 
 30.24  direct monetary contributions or in-kind contributions of 
 30.25  related goods or services, for each $1 of the appropriation.  
 30.26  The commissioner of children, families, and learning must 
 30.27  certify receipt of the money or documentation for the private 
 30.28  matching funds or in-kind contributions.  The unencumbered 
 30.29  balance from the amount actually appropriated from the 
 30.30  contingent amount in 1998 does not cancel but is available in 
 30.31  1999.  The amount carried forward must not be used to establish 
 30.32  a larger annual base appropriation for later fiscal years. 
 30.33     (d) $207,000 in 1998 and $210,000 in 1999 is for the state 
 30.34  board of education. 
 30.35     (e) $230,000 in 1998 and $234,000 in 1999 is for the board 
 30.36  of teaching. 
 31.1      (f) The expenditures of federal grants and aids as shown in 
 31.2   the biennial budget document and its supplements are approved 
 31.3   and appropriated and shall be spent as indicated. 
 31.4      (g) The department of children, families, and learning 
 31.5   shall develop a performance report on the quality of its 
 31.6   programs and services.  The report must be consistent with the 
 31.7   process specified in Minnesota Statutes, sections 15.90 to 
 31.8   15.92.  The goals, objectives, and measures of this report must 
 31.9   be developed in cooperation with the chairs of the finance 
 31.10  divisions of the education committees of the house of 
 31.11  representatives and senate, the department of finance, and the 
 31.12  office of legislative auditor.  The report must include data to 
 31.13  indicate the progress of the department in meeting its goals and 
 31.14  objectives. 
 31.15     (h) At least $50,000 is to ensure compliance with state and 
 31.16  federal laws prohibiting discrimination because of race, 
 31.17  religion, or sex.  The department shall use the appropriation to 
 31.18  provide state-level leadership on equal education opportunities 
 31.19  which promote elimination of discriminatory practices in the 
 31.20  areas of race, religion, and sex in public schools and public 
 31.21  educational agencies under its general supervision and on 
 31.22  activities including, at least, compliance monitoring and 
 31.23  voluntary compliance when local school district deficiencies are 
 31.24  found. 
 31.25     (i) Notwithstanding Minnesota Statutes, section 15.53, 
 31.26  subdivision 2, the commissioner of children, families, and 
 31.27  learning may contract with a school district for a period no 
 31.28  longer than five consecutive years to work in the development or 
 31.29  implementation of the graduation rule.  The commissioner may 
 31.30  contract for services and expertise as necessary.  The contracts 
 31.31  are not subject to Minnesota Statutes, sections 16B.06 to 16B.08.
 31.32     (j) In preparing the department budget for fiscal years 
 31.33  2000-2001, the department shall shift all administrative funding 
 31.34  from aids appropriations into the appropriation for the 
 31.35  department. 
 31.36     (k) Reallocations of excesses under Minnesota Statutes, 
 32.1   section 124.14, subdivision 7, from appropriations within this 
 32.2   act shall only be made to deficiencies in programs with 
 32.3   appropriations contained within this act. 
 32.4      (l) (k) $850,000 each year is for litigation costs and may 
 32.5   only be used for those purposes.  These appropriations are 
 32.6   one-time only. 
 32.7      (m) (l) Collaborative efforts between the department of 
 32.8   children, families, and learning and the office of technology, 
 32.9   as specified in Minnesota Statutes, section 237A.015, include: 
 32.10     (1) advising the commissioner of children, families, and 
 32.11  learning on new and emerging technologies, potential business 
 32.12  partnerships, and technical standards; 
 32.13     (2) assisting the commissioner of children, families, and 
 32.14  learning in the sharing of data between state agencies relative 
 32.15  to children's programs; and 
 32.16     (3) as requested by the commissioner of children, families, 
 32.17  and learning, assisting in collaborative efforts for joint 
 32.18  prekindergarten through grade 12 and higher education projects, 
 32.19  including the learning network. 
 32.20  The commissioner of children, families, and learning shall have 
 32.21  final approval for prekindergarten through grade 12 programs and 
 32.22  lifelong learning programs, grant awards, and funding decisions. 
 32.23     Sec. 40.  [MINNESOTA FAMILY ASSETS FOR INDEPENDENCE PILOT 
 32.24  PROJECT ESTABLISHMENT.] 
 32.25     The Minnesota family assets for independence initiative is 
 32.26  established to provide incentives for low-income families to 
 32.27  accrue assets for education, housing, and economic development 
 32.28  purposes. 
 32.29     Sec. 41.  [DEFINITIONS.] 
 32.30     Subdivision 1.  [APPLICATION.] The definitions in this 
 32.31  section apply to sections 40 to 46. 
 32.32     Subd. 2.  [FAMILY ASSET ACCOUNT.] "Family asset account" 
 32.33  means a savings account opened by a household participating in 
 32.34  the Minnesota family assets for independence initiative. 
 32.35     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
 32.36  commissioner of children, families, and learning. 
 33.1      Subd. 4.  [FIDUCIARY ORGANIZATION.] "Fiduciary organization"
 33.2   means: 
 33.3      (1) a community action agency that has obtained recognition 
 33.4   under section 268.53; 
 33.5      (2) a federal community development credit union serving 
 33.6   the seven-county metropolitan area; or 
 33.7      (3) a women-oriented economic development agency serving 
 33.8   the seven-county metropolitan area. 
 33.9      Subd. 5.  [FINANCIAL INSTITUTION.] "Financial institution" 
 33.10  means a bank, bank and trust, savings bank, savings association, 
 33.11  or credit union, the deposits of which are insured by the 
 33.12  Federal Deposit Insurance Corporation or the National Credit 
 33.13  Union Administration. 
 33.14     Subd. 6.  [PERMISSIBLE USE.] "Permissible use" means: 
 33.15     (1) post-secondary educational expenses at an accredited 
 33.16  public post-secondary institution including books, supplies, and 
 33.17  equipment required for courses of instruction; 
 33.18     (2) acquisition costs of acquiring, constructing, or 
 33.19  reconstructing a residence, including any usual or reasonable 
 33.20  settlement, financing, or other closing costs; 
 33.21     (3) business capitalization expenses for expenditures on 
 33.22  capital, plant, equipment, working capital, and inventory 
 33.23  expenses of a legitimate business pursuant to a business plan 
 33.24  approved by the fiduciary organization; and 
 33.25     (4) acquisition costs of a principal residence within the 
 33.26  meaning of section 1034 of the Internal Revenue Code of 1986 
 33.27  which do not exceed 100 percent of the average area purchase 
 33.28  price applicable to the residence determined according to 
 33.29  section 143(e)(2) and (3) of the Internal Revenue Code of 1986. 
 33.30     Subd. 7.  [HOUSEHOLD.] "Household" means all individuals 
 33.31  who share use of a dwelling unit as primary quarters for living 
 33.32  and eating separate from other individuals. 
 33.33     Sec. 42.  [GRANTS AWARDED.] 
 33.34     The commissioner shall allocate funds to participating 
 33.35  fiduciary organizations to provide family asset services.  Grant 
 33.36  awards must be based on a plan submitted by a statewide 
 34.1   organization representing fiduciary organizations.  The 
 34.2   statewide organization must ensure that any interested 
 34.3   unrepresented fiduciary organization have input into the 
 34.4   development of the plan.  The plan must equitably distribute 
 34.5   funds to achieve geographic balance and document the capacity of 
 34.6   participating fiduciary organizations to manage the program and 
 34.7   to raise the private match. 
 34.8      Sec. 43.  [DUTIES.] 
 34.9      A participating fiduciary organization must: 
 34.10     (1) provide separate accounts for the immediate deposit of 
 34.11  program funds; 
 34.12     (2) establish a process to select participants and describe 
 34.13  any priorities for participation; 
 34.14     (3) enter into a family asset agreement with the household 
 34.15  to establish the terms of participation; 
 34.16     (4) provide households with economic literacy education; 
 34.17     (5) provide households with information on early childhood 
 34.18  family education; 
 34.19     (6) provide matching deposits for participating households; 
 34.20     (7) coordinate with other related public and private 
 34.21  programs; and 
 34.22     (8) establish a process to appeal and mediate disputes. 
 34.23     Sec. 44.  [HOUSEHOLD ELIGIBILITY; PARTICIPATION.] 
 34.24     Subdivision 1.  [INITIAL ELIGIBILITY.] To be eligible for 
 34.25  the family assets for independence initiative, a household must 
 34.26  have income at or below 200 percent of the federal poverty level 
 34.27  and assets of $25,000 or less.  An individual who is a dependent 
 34.28  of another person for federal income tax purposes may not be a 
 34.29  separate eligible household for purposes of establishing a 
 34.30  family asset account.  An individual who is a debtor for a 
 34.31  judgment resulting from nonpayment of a court-ordered child 
 34.32  support obligation may not participate in this program.  Income 
 34.33  and assets are determined according to eligibility guidelines 
 34.34  for the energy assistance program.  
 34.35     Subd. 2.  [CONTINUED PARTICIPATION.] A participating 
 34.36  household whose income exceeds 200 percent of the poverty level 
 35.1   may continue to make contributions to the savings account.  The 
 35.2   amount of any contributions made during the time when a 
 35.3   participating household's income is greater than 200 percent of 
 35.4   the poverty level is not eligible for the match under section 45.
 35.5      Subd. 3.  [FAMILY PARTICIPATION.] Each participating 
 35.6   household must sign a family asset agreement that includes the 
 35.7   amount of scheduled deposits into its savings account, the 
 35.8   proposed use, and the proposed savings goal.  A participating 
 35.9   household must agree to complete an economic literacy training 
 35.10  program.  
 35.11     Participating households may only deposit money that is 
 35.12  derived from household earned income or from state and federal 
 35.13  income tax credits.  
 35.14     Sec. 45.  [WITHDRAWAL; MATCHING; PERMISSIBLE USES.] 
 35.15     Subdivision 1.  [WITHDRAWAL OF FUNDS.] To receive a match, 
 35.16  a participating household must transfer funds withdrawn from a 
 35.17  family asset account to a fiduciary organization, according to 
 35.18  the family asset agreement.  The fiduciary organization must 
 35.19  determine if the match request is for a permissible use 
 35.20  consistent with the household's family asset agreement. 
 35.21     A fiduciary organization must match the balance in the 
 35.22  household's account, including interest, at the time of an 
 35.23  approved withdrawal.  Matches must be provided as follows: 
 35.24     (1) from state grant funds a matching contribution of $2 
 35.25  for every $1 of funds withdrawn from the family asset account 
 35.26  equal to the lesser of $720 per year or a $3,000 lifetime limit; 
 35.27  and 
 35.28     (2) from nonstate funds, a matching contribution of no less 
 35.29  than $2 for every $1 of funds withdrawn from the family asset 
 35.30  account equal to the lesser of $720 per year or a $3,000 
 35.31  lifetime limit. 
 35.32     Subd. 2.  [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt 
 35.33  of withdrawn funds, the fiduciary organization must make a 
 35.34  direct payment to the vendor of the goods or services for the 
 35.35  permissible use.  
 35.36     Sec. 46.  [PROGRAM REPORTING.] 
 36.1      Each fiduciary organization operating a family assets for 
 36.2   independence initiative must annually report to the commissioner 
 36.3   of children, families, and learning the number of accounts, the 
 36.4   amount of savings and matches for each account, the uses of the 
 36.5   account, and the number of businesses, homes, and educational 
 36.6   services paid for with money from the account, as well as other 
 36.7   information that may be required for the state to operate the 
 36.8   program effectively. 
 36.9      Sec. 47.  [MULTICULTURAL OUTREACH.] 
 36.10     The commissioner shall contract for or provide child care 
 36.11  licensing information and child care application and selection 
 36.12  information in all of the predominant non-English languages in 
 36.13  Minnesota.  The commissioner shall coordinate or contract for 
 36.14  services to provide technical assistance and training to legally 
 36.15  unlicensed child care providers in Minnesota's communities of 
 36.16  color.  The commissioner shall also coordinate or provide 
 36.17  developmental training and business support and assist providers 
 36.18  in becoming licensed. 
 36.19     Sec. 48.  [NONSTANDARD HOUR CHILD CARE PILOT PROJECT.] 
 36.20     The commissioner of children, families, and learning shall 
 36.21  establish a program to develop family child care during 
 36.22  nonstandard hours.  The program may pay a guaranteed subsidy for 
 36.23  up to one year of providing nonstandard hour child care in a 
 36.24  family child care home.  Any subsidy must be reduced by the 
 36.25  amount of income the provider receives from nonstandard hour 
 36.26  child care.  The program must include start-up assistance for 
 36.27  new nonstandard hour child care providers, including mentoring, 
 36.28  technical assistance, marketing, and provider training.  The 
 36.29  program may also make start-up grants to participating 
 36.30  nonstandard hour providers to purchase toys and equipment for 
 36.31  nonstandard hour care.  The commissioner may provide grants for 
 36.32  developing nonstandard hour child care under this section. 
 36.33     Sec. 49.  [FEASIBILITY OF PREPAID CHILD CARE ASSISTANCE.] 
 36.34     The commissioner of children, families, and learning must 
 36.35  consider ways to ensure full payment to child care providers 
 36.36  while maintaining fiscal accountability to county, state, and 
 37.1   federal governments, including the feasibility of: 
 37.2      (1) providing prepayment of child care assistance to 
 37.3   parents so that they may prepay child care expenses; 
 37.4      (2) standardizing county billing forms and billing cycles; 
 37.5      (3) improving and streamlining approval and reauthorization 
 37.6   process; and 
 37.7      (4) allowing providers to use accrediting bodies other than 
 37.8   the National Association for the Education of Young Children to 
 37.9   qualify for the reimbursement bonus. 
 37.10     Sec. 50.  [CHILD CARE TRANSITION.] 
 37.11     The commissioner of children, families, and learning shall 
 37.12  implement procedures to ensure that all families completing 
 37.13  transition year child care assistance in fiscal year 1999 move 
 37.14  to basic sliding fee child care assistance without interruption 
 37.15  in service. 
 37.16     Sec. 51.  [STATEWIDE COMMUNITY SERVICES INFORMATION AND 
 37.17  REFERRAL GRANT PROGRAM.] 
 37.18     Subdivision 1.  [FAMILY AND COMMUNITY SERVICES ASSISTANCE.] 
 37.19  The commissioner of children, families, and learning shall 
 37.20  develop a grant program to fund a statewide system of 
 37.21  information and referral for community services through the 
 37.22  nonprofit corporation First Call Minnesota.  The system must be 
 37.23  designed to assist Minnesota families in accessing needed 
 37.24  community services, including health services, social services, 
 37.25  educational programs, housing, and employment and training 
 37.26  services. 
 37.27     Subd. 2.  [GRANTEE'S DUTIES.] The grantee shall: 
 37.28     (1) develop a statewide computer database containing a 
 37.29  comprehensive listing of community services available throughout 
 37.30  Minnesota; 
 37.31     (2) support up to 11 regional centers to collect and 
 37.32  coordinate regional data and develop standards to ensure that 
 37.33  regional data is updated every six months; 
 37.34     (3) establish standards for existing regional information 
 37.35  and referral services to access data, provide public access, and 
 37.36  establish licensing standards; 
 38.1      (4) establish a state data services center to assist 
 38.2   existing regional information and referral centers with data 
 38.3   publication and subscription, administration of public access to 
 38.4   the data, and management and maintenance of resource data; 
 38.5      (5) provide ongoing support for a single statewide 
 38.6   toll-free telephone number for public access; 
 38.7      (6) manage the installation of software applications and 
 38.8   Internet access to the statewide computer database; 
 38.9      (7) promote the use of the statewide computer database 
 38.10  among potential users in a region through the support of 
 38.11  regional centers in coordination with existing First Call For 
 38.12  Help and other information and referral providers; and 
 38.13     (8) coordinate with existing information and referral 
 38.14  agencies in each region, including the senior linkage service 
 38.15  through the Minnesota board on aging and child care resource and 
 38.16  referral programs. 
 38.17     Subd. 3.  [FUNDING.] The commissioner shall assist the 
 38.18  grantee and other state agencies to identify federal funds to 
 38.19  support the statewide system.  The grantee shall seek 
 38.20  contributions from profit and not-for-profit entities to augment 
 38.21  state grant funds received under this section. 
 38.22     Subd. 4.  [COUNTY COOPERATION.] In developing the 
 38.23  information and referral system, the grantee shall coordinate 
 38.24  with county social service agencies established under Minnesota 
 38.25  Statutes, chapter 393, the Minnesota board on aging, and other 
 38.26  public agencies that provide services. 
 38.27     Subd. 5.  [EVALUATION AND REPORT.] The grantee shall 
 38.28  arrange for an independent evaluation of the information and 
 38.29  referral services developed under the grant.  The grantee shall 
 38.30  track requests for services from callers to determine unmet 
 38.31  community service needs in each region.  The grantee shall 
 38.32  submit a report to the commissioner of children, families, and 
 38.33  learning prior to February 15, 1999, with a preliminary 
 38.34  evaluation of the information and referral system, a summary 
 38.35  analysis of the unmet needs in each region, and recommendations 
 38.36  on future funding needs of the information and referral system. 
 39.1      Sec. 52.  [MINIMUM STANDARDS FOR CARE OF SPECIAL NEEDS 
 39.2   CHILDREN.] 
 39.3      The commissioner shall review the need to establish 
 39.4   statewide minimum training standards for providers who receive a 
 39.5   special rate for caring for children with special needs and make 
 39.6   recommendations to the legislature by January 15, 1999.  The 
 39.7   recommendations must consider the impact of any statewide 
 39.8   standards on the supply of child care for children with special 
 39.9   needs. 
 39.10     Sec. 53.  [PROGRAM TRANSFER.] 
 39.11     The homeless youth facilities grants under Minnesota 
 39.12  Statutes, section 268.918, are transferred from the department 
 39.13  of economic security to the department of children, families, 
 39.14  and learning.  This grant program must be transferred according 
 39.15  to the requirements of Minnesota Statutes, sections 119A.04, 
 39.16  subdivisions 6 and 7; and 119A.15, subdivision 5a.  
 39.17     Sec. 54.  [REVISOR'S INSTRUCTION.] 
 39.18     The revisor of statutes shall change the phrase "school-age 
 39.19  child care" to "school-age care" wherever it appears in the next 
 39.20  edition of Minnesota Statutes and Minnesota Rules. 
 39.21     Sec. 55.  [REPEALER WITHOUT EFFECT.] 
 39.22     The repeal of Minnesota Statutes, section 119B.03, 
 39.23  subdivision 7, by Laws 1997, chapter 162, article 1, section 19, 
 39.24  is without effect and Minnesota Statutes, section 119B.03, 
 39.25  subdivision 7, remains in effect after June 30, 1997, as amended 
 39.26  by Laws 1997, chapter 162, article 4, section 14.  
 39.27     Sec. 56.  [REPEALER.] 
 39.28     Sections 40 to 46 are repealed effective July 1, 2002. 
 39.29     Sec. 57.  [EFFECTIVE DATE.] 
 39.30     (a) Sections 1, 7, 28 to 31, and 50 are effective the day 
 39.31  following final enactment. 
 39.32     (b) Section 55 is effective July 1, 1997. 
 39.33     (c) Sections 32 to 35 are effective October 1, 1998. 
 39.34     (d) Section 36 is effective for tax years beginning after 
 39.35  December 31, 1997. 
 39.36                             ARTICLE 2 
 40.1                            APPROPRIATIONS 
 40.2      Section 1.  Laws 1997, chapter 162, article 1, section 18, 
 40.3   subdivision 8, is amended to read: 
 40.4      Subd. 8.  [HEAD START PROGRAM.] For Head Start programs 
 40.5   according to Minnesota Statutes, section 268.914: 
 40.6        $18,750,000     .....     1998
 40.7        $18,750,000 $20,625,000     .....     1999
 40.8      The commissioner may use up to two percent each year for 
 40.9   state operations. 
 40.10     Any balance in the first year does not cancel but is 
 40.11  available in the second year. 
 40.12     $1,000,000 each year must be used for competitive grants to 
 40.13  local Head Start agencies for full-year programming for children 
 40.14  ages 0 to 3.  The programs must comply with applicable federal 
 40.15  Head Start performance standards.  Grantees may use state grant 
 40.16  funds to provide services in addition to those allowed under 
 40.17  federal Head Start regulations. 
 40.18     Up to $250,000 is for a matching grant to Little Earth 
 40.19  Residents Association for programming in the Neighborhood Early 
 40.20  Learning Center. 
 40.21     The increase in the fiscal year 1999 appropriation must be 
 40.22  used for competitive grants for programs for children ages 0 to 
 40.23  3.  A Head Start and an early childhood family education program 
 40.24  must jointly apply for grants from this appropriation.  Grant 
 40.25  awards must be used to expand collaborative programming 
 40.26  involving both early childhood family education and Head Start 
 40.27  for children under the age of three. 
 40.28     The increase in the fiscal year 1999 appropriation is a 
 40.29  one-time appropriation. 
 40.30     Sec. 2.  Laws 1997, chapter 162, article 3, section 8, 
 40.31  subdivision 3, is amended to read: 
 40.32     Subd. 3.  [TRANSITIONAL HOUSING PROGRAMS.] For transitional 
 40.33  housing programs according to Minnesota Statutes, section 268.38:
 40.34       $1,728,000     .....     1998
 40.35       $1,728,000 $2,728,000    .....     1999
 40.36     Any balance in the first year does not cancel but is 
 41.1   available in the second year. 
 41.2      Of this appropriation, up to five percent each year may be 
 41.3   used for administrative costs.  A portion of this appropriation 
 41.4   may be used for the emergency services grant program under 
 41.5   section 7. 
 41.6      Any increase in the fiscal year 1999 appropriation is a 
 41.7   one-time appropriation for fiscal year 1999 only. 
 41.8      Sec. 3.  Laws 1997, chapter 162, article 4, section 63, 
 41.9   subdivision 2, is amended to read: 
 41.10     Subd. 2.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 41.11  assistance according to Minnesota Statutes, section 119B.03: 
 41.12       $41,751,000     .....     1998
 41.13       $50,751,000 $55,751,000     .....     1999
 41.14     Any balance in the first year does not cancel but is 
 41.15  available the second year. 
 41.16     Of this appropriation, the department shall allocate the 
 41.17  amount necessary to administer the at-home child care program 
 41.18  under section 22. 
 41.19     Funds appropriated but not expended in the biennium 
 41.20  beginning July 1, 1997, do not cancel and must be deposited in 
 41.21  the child care reserve account under Minnesota Statutes, section 
 41.22  119B.075. 
 41.23     Sec. 4.  Laws 1997, chapter 162, article 4, section 63, 
 41.24  subdivision 3, is amended to read: 
 41.25     Subd. 3.  [TANF CHILD CARE.] For child care assistance 
 41.26  according to Minnesota Statutes, section 119B.05: 
 41.27       $34,331,000 $27,856,000     .....     1998
 41.28       $64,838,000 $78,136,000     .....     1999
 41.29     Up to $500,000 of the fiscal year 1998 appropriation may be 
 41.30  used for grants under section 23. 
 41.31     Any balance in the first year does not cancel but is 
 41.32  available in the second year. 
 41.33     Funds appropriated but not expended in the biennium 
 41.34  beginning July 1, 1997, do not cancel and must be deposited in 
 41.35  the child care reserve account under Minnesota Statutes, section 
 41.36  119B.075. 
 42.1      Sec. 5.  Laws 1997, First Special Session chapter 5, 
 42.2   section 29, is amended to read: 
 42.3      Sec. 29.  [CORRECTION 45.] Laws 1997, chapter 162, article 
 42.4   2, section 31, subdivision 9, is amended to read: 
 42.5      Subd. 9.  [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.] 
 42.6   For drug policy, violence prevention, and family visitation 
 42.7   programs: 
 42.8        $3,000,000     .....     1998
 42.9        $3,000,000 $3,200,000     .....     1999
 42.10     Any balance in the first year does not cancel but is 
 42.11  available in the second year.  
 42.12     $197,000 $192,000 is appropriated from the state government 
 42.13  special revenue fund to the commissioner of children, families, 
 42.14  and learning for visitation facilities under Minnesota Statutes, 
 42.15  sections 256F.09 and 517.08, subdivision 1c.  $96,000 is 
 42.16  available for the fiscal year beginning July 1, 1997, and 
 42.17  $96,000 is available for the fiscal year beginning July 1, 1998. 
 42.18     Any balance in the first year does not cancel, but is 
 42.19  available in the second year. 
 42.20     Up to $400,000 each year is for grants for mentoring 
 42.21  at-risk youth.  Of the fiscal year 1998 appropriation, up to 
 42.22  $138,000 and of the fiscal year 1999 appropriation up to 
 42.23  $100,000 is for grants under Laws 1995, chapter 226, article 3, 
 42.24  section 62.  
 42.25     Up to $200,000 of the fiscal year 1999 appropriation is for 
 42.26  gang prevention and intervention grants.  The additional 
 42.27  appropriation for fiscal year 1999 is a one-time appropriation 
 42.28  and is not to be added to the base. 
 42.29     Sec. 6.  [APPROPRIATIONS.] 
 42.30     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 42.31  LEARNING.] The sums indicated in this section are appropriated 
 42.32  from the general fund to the commissioner of children, families, 
 42.33  and learning for the fiscal years and for the purposes indicated.
 42.34     Subd. 2.  [LEAD HAZARD REDUCTION PROGRAM.] For the lead 
 42.35  abatement program under Minnesota Statutes, section 268.92: 
 42.36       $  200,000     .....     1999
 43.1      This appropriation must be used for the swab team service 
 43.2   program to provide lead cleanup and lead hazard reduction 
 43.3   services in geographic areas where the residents have a high 
 43.4   risk of elevated blood lead levels. 
 43.5      Of this amount, 25 percent is for a grant to the city of St.
 43.6   Louis Park to conduct lead testing and cleanup in the 
 43.7   residential neighborhoods contaminated by an industrial lead 
 43.8   site.  The remaining amount is for a nonprofit organization that 
 43.9   is currently operating the CLEARCorps lead hazard reduction 
 43.10  project and is willing to expand its geographic service area. 
 43.11     This is a one-time appropriation and is not to be added to 
 43.12  the base appropriation. 
 43.13     Subd. 3.  [EMERGENCY SERVICES GRANTS.] For emergency 
 43.14  services grants under Laws 1997, chapter 162, article 3, section 
 43.15  7: 
 43.16       $  900,000     .....     1999 
 43.17     This is a one-time appropriation for fiscal year 1999. 
 43.18     Subd. 4.  [FAMILY ASSETS FOR INDEPENDENCE.] To establish 
 43.19  the Minnesota family assets for independence initiative under 
 43.20  article 1, sections 40 to 46: 
 43.21       $  775,000     .....     1999 
 43.22     This is a one-time appropriation. 
 43.23     Subd. 5.  [STATEWIDE COMMUNITY INFORMATION AND REFERRAL 
 43.24  GRANT PROGRAM.] For a grant to First Call Minnesota to fund a 
 43.25  statewide system of information and referral for community 
 43.26  service under article 1, section 51: 
 43.27       $  100,000     .....     1999 
 43.28     This is a one-time appropriation. 
 43.29     Sec. 7.  [APPROPRIATION; ADMINISTRATION OF ABUSED CHILDREN 
 43.30  PROGRAMS.] 
 43.31     Of the amount appropriated under Laws 1997, chapter 162, 
 43.32  article 2, section 31, subdivision 8, up to $134,000 for fiscal 
 43.33  year 1998 and up to $134,000 for fiscal year 1999 may be used 
 43.34  for state costs to administer abused children programs under 
 43.35  Minnesota Statutes, sections 119A.20 to 119A.23. 
 43.36     Sec. 8.  [APPROPRIATION; ADMINISTRATION OF DRUG POLICY AND 
 44.1   VIOLENCE PREVENTION PROGRAMS.] 
 44.2      Of the amount appropriated under Laws 1997, chapter 162, 
 44.3   article 2, section 31, subdivision 9, up to $305,000 for fiscal 
 44.4   year 1998 and up to $305,000 for fiscal year 1999 may be used 
 44.5   for state costs to administer drug policy and violence 
 44.6   prevention programs under Minnesota Statutes, sections 119A.25 
 44.7   to 119A.29 and 119A.32 to 119A.34. 
 44.8      Sec. 9.  [APPROPRIATION; ADMINISTRATION OF THE CHILDREN'S 
 44.9   TRUST FUND.] 
 44.10     Of the amount appropriated under Laws 1997, chapter 162, 
 44.11  article 2, section 31, subdivision 10, up to $22,000 for fiscal 
 44.12  year 1998 and up to $22,000 for fiscal year 1999 may be used for 
 44.13  state costs to administer the children's trust fund under 
 44.14  Minnesota Statutes, sections 119A.10 to 119A.17.  
 44.15     Of the amount in the special revenue account from fees 
 44.16  under Minnesota Statutes, section 144.226, subdivision 3, up to 
 44.17  $120,000 for fiscal year 1998 and $120,000 for fiscal year 1999 
 44.18  may be used for operating costs of the children's trust fund. 
 44.19     Sec. 10.  [FEDERAL TANF TRANSFERS.] 
 44.20     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 44.21  LEARNING.] The sums indicated in this section are transferred 
 44.22  from the federal TANF fund to the child care and development 
 44.23  fund and appropriated to the department of children, families, 
 44.24  and learning for fiscal year 1999.  These appropriations do not 
 44.25  cancel and are available until September 30, 2000. 
 44.26     Subd. 2.  [CHILD CARE DATA MANAGEMENT PROJECT.] For the 
 44.27  design and implementation of a statewide child care data 
 44.28  management system for child care assistance programs: 
 44.29       $1,500,000     .....     1999
 44.30     For fiscal year 2000, the appropriation is $2,500,000. 
 44.31     Subd. 3.  [CHILD CARE SERVICE DEVELOPMENT.] For child care 
 44.32  service development grants according to Minnesota Statutes, 
 44.33  section 119B.21: 
 44.34       $2,200,000     .....     1999
 44.35     This is a one-time appropriation. 
 44.36     This appropriation may be used for but is not limited to 
 45.1   the following purposes:  business practices assistance; 
 45.2   prelicensing assistance; and multicultural outreach. 
 45.3      Subd. 4.  [LOAN FORGIVENESS.] To provide funds to forgive 
 45.4   all or part of child development education and training loans 
 45.5   under Minnesota Statutes, section 119B.18, subdivision 3: 
 45.6        $  300,000     .....     1999 
 45.7      This is a one-time appropriation. 
 45.8      Subd. 5.  [CHILD CARE DEVELOPMENT.] For grants to public 
 45.9   and private agencies to:  (1) respond to locally determined 
 45.10  needs to increase child care capacity including nonstandard hour 
 45.11  care and care for specific groups of children; and (2) collect, 
 45.12  analyze, and report data to support research to guide the 
 45.13  development of child care and welfare reform policy: 
 45.14       $  500,000     .....     1999 
 45.15     Of this amount, up to $100,000 is for grants to develop 
 45.16  nonstandard hour family child care under article 1, section 48. 
 45.17     This is a one-time appropriation. 
 45.18     Subd. 6.  [SCHOOL-AGE GRANTS.] For grants to expand and 
 45.19  improve school-age care programs in school districts, community 
 45.20  education, park boards, after school programs, and other 
 45.21  entities and programs serving school-age children: 
 45.22       $  500,000     .....     1999 
 45.23     This is a one-time appropriation. 
 45.24     Sec. 11.  [EFFECTIVE DATE.] 
 45.25     Sections 4 and 7 to 9 are effective the day following final 
 45.26  enactment.