1st Engrossment - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am
|Introduction||Posted on 12/23/2002|
|1st Engrossment||Posted on 12/23/2002|
1.1 A bill for an act 1.2 relating to family and early childhood education; 1.3 providing for children and family support programs, 1.4 prevention and intervention, self-sufficiency and 1.5 lifelong learning, and libraries; appropriating money; 1.6 amending Minnesota Statutes 2000, sections 119A.12, by 1.7 adding subdivisions; 119A.13, subdivision 4; 119A.21; 1.8 119A.22; 119B.011, subdivision 19, by adding a 1.9 subdivision; 119B.06, by adding a subdivision; 1.10 119B.061, subdivision 4; 119B.11, subdivision 1; 1.11 119B.13, subdivision 6; 119B.24; 124D.135, by adding 1.12 subdivisions; 124D.16, subdivision 2, by adding 1.13 subdivisions; 124D.19, by adding subdivisions; 1.14 124D.20, subdivisions 1, 5, by adding a subdivision; 1.15 124D.518, subdivision 5; 124D.52, subdivision 2; 1.16 124D.522; 124D.531, subdivisions 1, 3, 7; 125A.28; 1.17 125B.20, subdivision 1; 134.31, subdivision 5; Laws 1.18 2000, chapter 489, article 5, section 23; proposing 1.19 coding for new law in Minnesota Statutes, chapters 1.20 119A; 134; repealing Minnesota Statutes 2000, sections 1.21 119A.13, subdivisions 1, 2, 3; 119A.14, subdivision 2; 1.22 119A.23; 124D.33; 124D.331; 125B.20, subdivision 3; 1.23 Minnesota Rules, parts 3530.2610; 3530.2612; 1.24 3530.2614; 3530.2616; 3530.2618; 3530.2620; 3530.2622; 1.25 3530.2624; 3530.2626; 3530.2628; 3530.2630; 3530.2632; 1.26 3530.2634; 3530.2636; 3530.2638; 3530.2640; 3530.2642; 1.27 3530.2644. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 ARTICLE 1 1.30 CHILDREN AND FAMILY SUPPORT PROGRAMS 1.31 Section 1. Minnesota Statutes 2000, section 119B.011, 1.32 subdivision 19, is amended to read: 1.33 Subd. 19. [PROVIDER.] "Provider" means
a child care1.34 license holder who operates a family child care home, a group1.35 family child care home, a child care center, a nursery school, a1.36 day nursery, a school age care program; a license-exempt school2.1 age care program operating under the auspices of a local school2.2 board or a park or recreation board of a city of the first class2.3 that has adopted school age care guidelines which meet or exceed2.4 guidelines recommended by the department, or a nonlicensedan 2.5 individual or child care center or facility, either licensed or 2.6 unlicensed, providing legal child care services as defined under 2.7 section 245A.03. A legally unlicensed registered family child 2.8 care provider who ismust be at least 18 years of age, and who2.9 isnot a member of the MFIP assistance unit or a member of the 2.10 family receiving child care assistance under this chapter. 2.11 Sec. 2. Minnesota Statutes 2000, section 119B.011, is 2.12 amended by adding a subdivision to read: 2.13 Subd. 23. [RECOUPMENT OF OVERPAYMENTS.] "Recoupment of 2.14 overpayments" means the reduction of child care assistance 2.15 payments to an eligible family in order to correct an 2.16 overpayment to the family even when the overpayment is due to 2.17 agency error or other circumstances outside the responsibility 2.18 or control of the family. 2.19 Sec. 3. Minnesota Statutes 2000, section 119B.06, is 2.20 amended by adding a subdivision to read: 2.21 Subd. 3. [CHILD CARE DEVELOPMENT FUND PLAN DEVELOPMENT; 2.22 REVIEW.] In an effort to improve state legislative involvement 2.23 in the development of the Minnesota child care and development 2.24 fund plan, the commissioner must present a draft copy of the 2.25 plan to the legislative finance committees that oversee child 2.26 care assistance funding no less than 30 days prior to the 2.27 required deadline for submission of the plan to the federal 2.28 government. The legislature must submit any adjustments to the 2.29 plan to the commissioner for consideration within ten business 2.30 days of receiving the draft plan. The commissioner must present 2.31 a copy of the final plan to the chairs of the legislative 2.32 finance committees that oversee child care assistance funding no 2.33 less than four days prior to the deadline for submission of the 2.34 plan to the federal government. 2.35 Sec. 4. Minnesota Statutes 2000, section 119B.061, 2.36 subdivision 4, is amended to read: 3.1 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 3.2 lifetime total of 12 months of assistance under this3.3 sectionsubdivision 2. The maximum rate of assistance is equal 3.4 to 7590 percent of the rate established under section 119B.13 3.5 for care of infants in licensed family child care in the 3.6 applicant's county of residence. Assistance must be calculated 3.7 to reflect the parent fee requirement under section 119B.12 for 3.8 the family's actual income level and family size while the 3.9 family is participating in the at-home infant child care program 3.10 under this section. 3.11 (b) A participating family must report income and other 3.12 family changes as specified in the county's plan under section 3.13 119B.08, subdivision 3. The family must treat any assistance3.14 received under this section as unearned income.3.15 (c) Persons who are admitted to the at-home infant care 3.16 program retain their position in any basic sliding fee program 3.17 or on any waiting list attained at the time of admittance. If 3.18 they are on the waiting list, they must advance as if they had 3.19 not been admitted to the program. Persons leaving the at-home 3.20 infant care program re-enter the basic sliding fee program at 3.21 the position they would have occupied or the waiting list at the 3.22 position to which they would have advanced. Persons who would 3.23 have attained eligibility for the basic sliding fee program must 3.24 be given assistance or advance to the top of the waiting list 3.25 when they leave the at-home infant care program. Persons 3.26 admitted to the at-home infant care program who are not on a 3.27 basic sliding fee waiting list may apply to the basic sliding 3.28 fee program, and if eligible, be placed on the waiting list. 3.29 (d) The time that a family receives assistance under this 3.30 section must be deducted from the one-year exemption from work 3.31 requirements under the MFIP program. 3.32 (e) Assistance under this section does not establish an 3.33 employer-employee relationship between any member of the 3.34 assisted family and the county or state. 3.35 Sec. 5. Minnesota Statutes 2000, section 119B.11, 3.36 subdivision 1, is amended to read: 4.1 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning4.2 July 1, 1997,(a) In addition to payments from basic sliding fee 4.3 child care program participants, each county shall contribute 4.4 from county tax or other sources a fixed local match equal to 4.5 its calendar year 1996 required county contribution reduced by 4.6 the administrative funding loss that would have occurred in 4.7 state fiscal year 1996 under section 119B.15. The commissioner 4.8 shall recover funds from the county as necessary to bring county 4.9 expenditures into compliance with this subdivision. The 4.10 commissioner may accept county contributions, including 4.11 contributions above the fixed local match, in order to make 4.12 state payments. 4.13 (b) The commissioner may accept payments from counties to: 4.14 (1) fulfill the county contribution as required under 4.15 subdivision 1; 4.16 (2) pay for services authorized under this chapter beyond 4.17 those paid for with federal or state funds or with the required 4.18 county contributions; or 4.19 (3) pay for child care services in addition to those 4.20 authorized under this chapter, as authorized under other 4.21 federal, state, or local statutes or regulations. 4.22 (c) The county payments must be deposited in an account in 4.23 the special revenue fund. Money in this account is appropriated 4.24 to the commissioner for child care assistance under this chapter 4.25 and other applicable statutes and regulations and is in addition 4.26 to other state and federal appropriations. 4.27 Sec. 6. Minnesota Statutes 2000, section 119B.13, 4.28 subdivision 6, is amended to read: 4.29 Subd. 6. [PROVIDER PAYMENTS.] Counties or the state shall 4.30 make vendor payments to the child care provider or pay the 4.31 parent directly for eligible child care expenses. If payments 4.32 for child care assistance are made to providers, the provider 4.33 shall bill the county for services provided within ten days of 4.34 the end of the month of service. If bills are submitted in 4.35 accordance with the provisions of this subdivision, a county or 4.36 the state shall issue payment to the provider of child care 5.1 under the child care fund within 30 days of receiving an invoice 5.2 from the provider. Counties or the state may establish policies 5.3 that make payments on a more frequent basis. A county's payment 5.4 policies must be included in the county's child care plan under 5.5 section 119B.08, subdivision 3. If payments are made by the 5.6 state, in addition to being in compliance with this subdivision, 5.7 the payments must be made in compliance with section 16A.124. 5.8 Sec. 7. Minnesota Statutes 2000, section 119B.24, is 5.9 amended to read: 5.10 119B.24 [DUTIES OF COMMISSIONER.] 5.11 In addition to the powers and duties already conferred by 5.12 law, the commissioner of children, families, and learning shall: 5.13 (1) administer the child care fund, including the basic 5.14 sliding fee program authorized under sections 119B.011 to 5.15 119B.16; 5.16 (2) monitor the child care resource and referral programs 5.17 established under section 119B.19; and 5.18 (3) encourage child care providers to participate in a 5.19 nationally recognized accreditation system for early 5.20 childhood and school-age care programs. The commissioner shall5.21 reimburse licensedSubject to approval by the commissioner, 5.22 family child care providers and early childhood and school-age 5.23 care programs shall be reimbursed for one-half of the direct 5.24 cost of accreditation fees, upon successful completion of 5.25 accreditation. 5.26 Sec. 8. Minnesota Statutes 2000, section 124D.135, is 5.27 amended by adding a subdivision to read: 5.28 Subd. 8. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 5.29 the average balance, during the most recent three-year period in 5.30 a district's early childhood family education reserve account on 5.31 June 30 of each year, adjusted for any prior reductions under 5.32 this subdivision, must not be greater than 25 percent of the 5.33 district's early childhood family education annual revenue for 5.34 the prior year. If a district's adjusted average early 5.35 childhood family education reserve over the three-year period is 5.36 in excess of 25 percent of the prior year annual revenue, the 6.1 district's early childhood family education state aid and levy 6.2 authority for the current school year must be reduced by the 6.3 excess reserve amount. The aid reduction equals the product of 6.4 the excess reserve amount times the ratio of the district's aid 6.5 for the prior year under subdivision 4 to the district's revenue 6.6 for the prior year under subdivision 1. The levy reduction 6.7 equals the excess reserve amount minus the aid reduction. The 6.8 commissioner must reallocate aid and levy reduced under this 6.9 subdivision to other eligible early childhood family education 6.10 programs in proportion to each district's revenue for the prior 6.11 year under subdivision 1. 6.12 (b) Notwithstanding paragraph (a), for fiscal year 2003, 6.13 the excess reserve amount shall be computed using the balance in 6.14 a district's early childhood family education reserve account on 6.15 June 30, 2002. For fiscal year 2004, the excess reserve amount 6.16 shall be computed using the adjusted average balance in a 6.17 district's early childhood family education reserve account on 6.18 June 30, 2002, and June 30, 2003. 6.19 Sec. 9. Minnesota Statutes 2000, section 124D.135, is 6.20 amended by adding a subdivision to read: 6.21 Subd. 9. [WAIVER.] If a district anticipates that the 6.22 reserve account may exceed the 25 percent limit established 6.23 under subdivision 8 because of extenuating circumstances, prior 6.24 approval to exceed the limit must be obtained in writing from 6.25 the commissioner. 6.26 Sec. 10. Minnesota Statutes 2000, section 124D.16, 6.27 subdivision 2, is amended to read: 6.28 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 6.29 receive school readiness aid if the program plan asrequired by 6.30 subdivision 1 has been approved by the commissioner. 6.31 (b) For fiscal year 19982002 and thereafter, a district 6.32 must receive school readiness aid equal to: 6.33 (1) the number of eligible four-year old children in the 6.34 district on October 1 for the previous school year times the 6.35 ratio of 50 percent of the total school readiness aid for that 6.36 year to the total number of eligible four-year old children 7.1 reported to the commissioner for thatthe previous school year; 7.2 plus 7.3 (2) the number of pupils enrolled in the school district 7.4 from families eligible for the free or reduced school lunch 7.5 program for the second previous school year times the ratio of 7.6 50 percent of the total school readiness aid for that year to 7.7 the total number of pupils in the state from families eligible 7.8 for the free or reduced school lunch program for the second 7.9 previous school year. 7.10 Sec. 11. Minnesota Statutes 2000, section 124D.16, is 7.11 amended by adding a subdivision to read: 7.12 Subd. 5. [RESERVE ACCOUNT.] School readiness revenue, 7.13 which includes aids, fees, grants, and all other revenues 7.14 received by the district school readiness programs, must be 7.15 maintained in a reserve account within the community service 7.16 fund. 7.17 Sec. 12. Minnesota Statutes 2000, section 124D.16, is 7.18 amended by adding a subdivision to read: 7.19 Subd. 6. [RESERVE ACCOUNT LIMIT.] (a) Under this section, 7.20 the average balance, during the most recent three-year period, 7.21 in a district's school readiness reserve account on June 30 of 7.22 each year, adjusted for any prior reductions under this 7.23 subdivision, must not be greater than 25 percent of the 7.24 district's school readiness annual revenue for the prior year. 7.25 If a district's adjusted average school readiness reserve over 7.26 the three-year period is in excess of 25 percent of the prior 7.27 year annual revenue, the district's current year school 7.28 readiness state aid must be reduced by the excess reserve 7.29 amount. The commissioner must reallocate aid reduced under this 7.30 subdivision to other eligible school readiness programs in 7.31 proportion to each district's aid for the prior year under 7.32 subdivision 2. 7.33 (b) Notwithstanding paragraph (a), for fiscal year 2003, 7.34 the excess reserve amount shall be computed using the balance in 7.35 a district's school readiness reserve account on June 30, 2002. 7.36 For fiscal year 2004, the excess reserve amount shall be 8.1 computed using the adjusted average balance in a district's 8.2 school readiness reserve account on June 30, 2002, and June 30, 8.3 2003. 8.4 Sec. 13. Minnesota Statutes 2000, section 124D.16, is 8.5 amended by adding a subdivision to read: 8.6 Subd. 7. [WAIVER.] If a district anticipates that the 8.7 reserve account may exceed the 25 percent limit established 8.8 under subdivision 6 because of extenuating circumstances, prior 8.9 approval to exceed the limit must be obtained in writing from 8.10 the commissioner. 8.11 Sec. 14. Minnesota Statutes 2000, section 125A.28, is 8.12 amended to read: 8.13 125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 8.14 An interagency coordinating council of at least 17, but not 8.15 more than 25 members is established, in compliance with Public 8.16 Law Number 102-119, section 682. The members must be appointed 8.17 by the governor. Council members must elect the council chair. 8.18 The representative of the commissioner may not serve as the 8.19 chair. The council must be composed of at least five parents, 8.20 including persons of color, of children with disabilities under 8.21 age 12, including at least three parents of a child with a 8.22 disability under age seven, five representatives of public or 8.23 private providers of services for children with disabilities 8.24 under age five, including a special education director, county 8.25 social service director, local Head Start director, and a 8.26 community health services or public health nursing 8.27 administrator, one member of the senate, one member of the house 8.28 of representatives, one representative of teacher preparation 8.29 programs in early childhood-special education or other 8.30 preparation programs in early childhood intervention, at least 8.31 one representative of advocacy organizations for children with 8.32 disabilities under age five, one physician who cares for young 8.33 children with special health care needs, one representative each 8.34 from the commissioners of commerce, children, families, and 8.35 learning, health, human services, a representative from the 8.36 state agency responsible for child care, and a representative 9.1 from Indian health services or a tribal council. Section 9.2 15.059, subdivisions 2 to 5, apply to the council. The council 9.3 must meet at least quarterly. 9.4 The council must address methods of implementing the state 9.5 policy of developing and implementing comprehensive, 9.6 coordinated, multidisciplinary interagency programs of early 9.7 intervention services for children with disabilities and their 9.8 families. 9.9 The duties of the council include recommending policies to 9.10 ensure a comprehensive and coordinated system of all state and 9.11 local agency services for children under age five with 9.12 disabilities and their families. The policies must address how 9.13 to incorporate each agency's services into a unified state and 9.14 local system of multidisciplinary assessment practices, 9.15 individual intervention plans, comprehensive systems to find 9.16 children in need of services, methods to improve public 9.17 awareness, and assistance in determining the role of interagency 9.18 early intervention committees. 9.19 By JuneSeptember 1, the council must recommend to the 9.20 governor and the commissioners of children, families, and 9.21 learning, health, human services, commerce, and economic 9.22 security policies for a comprehensive and coordinated system. 9.23 Notwithstanding any other law to the contrary, the state 9.24 interagency coordinating council expires on June 30, 20012003. 9.25 Sec. 15. [INTERAGENCY AUTISM COORDINATING COMMITTEE.] 9.26 (a) The commissioner of children, families, and learning 9.27 shall establish an interagency committee to coordinate state 9.28 efforts related to serving children with autism. The committee 9.29 shall include representatives of the departments of children, 9.30 families, and learning and human services; parents or guardians 9.31 of children with autism; pediatricians; local public health 9.32 officials; and representatives of private or nonprofit 9.33 organizations that advocate on behalf of children with autism. 9.34 (b) The interagency autism coordinating committee shall 9.35 study and recommend by December 1, 2001, to the committees in 9.36 the legislature charged with early childhood through grade 12 10.1 education policy and finance matters a plan for improving 10.2 efforts at early assessment and identification of autism in 10.3 young children. The plan must consider: 10.4 (1) all existing assessment program options; 10.5 (2) public and private funding sources including 10.6 programmatic funding for early and periodic screening, 10.7 diagnosis, and treatment; and 10.8 (3) current, research-based best practice models. 10.9 The plan must be designed to make optimal use of existing public 10.10 resources. 10.11 (c) The committee expires June 30, 2003. 10.12 Sec. 16. [CHILD CARE REPORT.] 10.13 The commissioner of children, families, and learning must 10.14 report to house and senate committees with jurisdiction over 10.15 child care by November and February of each year with 10.16 information on the number of families served and the cost of 10.17 direct services per family for each child care assistance 10.18 program administered by the commissioner. The report must 10.19 include the number of families being served and the number that 10.20 would be served if entry income eligibility was set at 120 10.21 percent of the federal poverty guidelines and 30 percent of the 10.22 state median income and continuing at reasonable increments, 10.23 with an exit level of both 250 percent and 300 percent of the 10.24 federal poverty guidelines and 63 percent and 75 percent of the 10.25 state median income. 10.26 The information must be provided for the same time periods 10.27 for which the department of finance prepares the budget forecast. 10.28 Sec. 17. [APPROPRIATIONS.] 10.29 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 10.30 LEARNING.] The sums indicated in this section are appropriated 10.31 from the general fund to the department of children, families, 10.32 and learning for the fiscal years designated, unless otherwise 10.33 indicated. 10.34 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 10.35 for school readiness programs according to Minnesota Statutes, 10.36 sections 124D.15 and 124D.16: 11.1 $10,395,000 ..... 2002 11.2 $10,395,000 ..... 2003 11.3 The 2002 appropriation includes $1,039,000 for 2001 and 11.4 $9,356,000 for 2002. 11.5 The 2003 appropriation includes $1,039,000 for 2002 and 11.6 $9,356,000 for 2003. 11.7 Any balance in the first year does not cancel but is 11.8 available in the second year. 11.9 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 11.10 childhood family education aid according to Minnesota Statutes, 11.11 section 124D.135: 11.12 $20,758,000 ..... 2002 11.13 $20,663,000 ..... 2003 11.14 The 2002 appropriation includes $2,036,000 for 2001 and 11.15 $18,722,000 for 2002. 11.16 The 2003 appropriation includes $2,081,000 for 2002 and 11.17 $18,582,000 for 2003. 11.18 Any balance in the first year does not cancel but is 11.19 available in the second year. 11.20 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 11.21 health and developmental screening aid according to Minnesota 11.22 Statutes, sections 121A.17 and 121A.19: 11.23 $2,661,000 ..... 2002 11.24 $2,661,000 ..... 2003 11.25 The 2002 appropriation includes $266,000 for 2001 and 11.26 $2,395,000 for 2002. 11.27 The 2003 appropriation includes $266,000 for 2002 and 11.28 $2,395,000 for 2003. 11.29 Any balance in the first year does not cancel but is 11.30 available in the second year. 11.31 Subd. 5. [WAY TO GROW.] For grants for existing way to 11.32 grow programs according to Minnesota Statutes, section 124D.17: 11.33 $475,000 ..... 2002 11.34 $475,000 ..... 2003 11.35 Any balance in the first year does not cancel but is 11.36 available in the second year. 12.1 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 12.2 according to Minnesota Statutes, section 119A.52: 12.3 $18,375,000 ..... 2002 12.4 $18,375,000 ..... 2003 12.5 $1,000,000 each year must be used for grants to local Head 12.6 Start agencies for full-year programming for children ages 0 to 12.7 3. 12.8 Any balance in the first year does not cancel but is 12.9 available in the second year. 12.10 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid 12.11 according to Minnesota Statutes, section 124D.22: 12.12 $221,000 ..... 2002 12.13 $133,000 ..... 2003 12.14 The 2002 appropriation includes $30,000 for 2001 and 12.15 $191,000 for 2002. 12.16 The 2003 appropriation includes $21,000 for 2002 and 12.17 $112,000 for 2003. 12.18 Any balance in the first year does not cancel but is 12.19 available in the second year. 12.20 Subd. 8. [BASIC SLIDING FEE.] For child care assistance 12.21 according to Minnesota Statutes, section 119B.03: 12.22 $51,999,000 ..... 2002 12.23 $51,999,000 ..... 2003 12.24 Any balance in the first year does not cancel but is 12.25 available in the second year. 12.26 Subd. 9. [MFIP CHILD CARE.] For child care assistance 12.27 according to Minnesota Statutes, section 119B.05: 12.28 $82,253,000 ..... 2002 12.29 $78,606,000 ..... 2003 12.30 Any balance in the first year does not cancel but is 12.31 available in the second year. 12.32 Subd. 10. [CHILD CARE INTEGRITY.] For the administrative 12.33 costs of program integrity and fraud prevention for child care 12.34 assistance under chapter 119B: 12.35 $175,000 ..... 2002 12.36 $175,000 ..... 2003 13.1 Any balance in the first year does not cancel but is 13.2 available in the second year. 13.3 Subd. 11. [CHILD CARE SERVICE GRANTS.] For child care 13.4 development activities under child care service grants according 13.5 to Minnesota Statutes, section 119B.21: 13.6 $1,865,000 ..... 2002 13.7 $1,865,000 ..... 2003 13.8 Any balance in the first year does not cancel but is 13.9 available in the second year. 13.10 Sec. 18. [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.] 13.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 13.12 LEARNING.] Appropriations in this section are from child support 13.13 collection payments in the special revenue fund pursuant to 13.14 Minnesota Statutes, section 119B.074. The sums indicated are 13.15 appropriated to the department of children, families, and 13.16 learning for the fiscal years designated. 13.17 Subd. 2. [CHILD CARE ASSISTANCE.] For child care 13.18 assistance according to Minnesota Statutes, section 119B.03: 13.19 $2,441,439 ..... 2002 13.20 $2,340,251 ..... 2003 13.21 Sec. 19. [FEDERAL TANF TRANSFERS.] 13.22 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, and 13.23 LEARNING.] The sums indicated in this section are transferred 13.24 from the federal TANF fund to the child care and development 13.25 fund and appropriated to the department of children, families, 13.26 and learning for the fiscal years designated. 13.27 The commissioner shall ensure that all transferred funds 13.28 are expended in accordance with the child care and development 13.29 fund regulations and that the maximum allowable transferred 13.30 funds are used for the program in this section. 13.31 Subd. 2. [BASIC SLIDING FEE.] For child care assistance 13.32 according to Minnesota Statutes, section 119B.03: 13.33 $16,838,000 ..... 2002 13.34 $16,339,000 ..... 2003 13.35 Any balance the first year does not cancel but is available 13.36 in the second year. 14.1 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 14.2 uninterrupted assistance under Minnesota Statutes, section 14.3 119B.03, for families completing transition year child care 14.4 assistance: 14.5 $3,620,000 ..... 2002 14.6 $4,040,000 ..... 2003 14.7 Any balance in the first year does not cancel but is 14.8 available in the second year. 14.9 Subd. 4. [MFIP CHILD CARE.] For child care assistance 14.10 according to Minnesota Statutes, section 119B.05: 14.11 $1,718,000 ..... 2002 14.12 $1,794,000 ..... 2003 14.13 Any balance the first year does not cancel but is available 14.14 in the second year. 14.15 Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social 14.16 services child care costs of eligible MFIP participants under 14.17 Minnesota Statutes, section 119B.05, subdivision 1, clause (5): 14.18 $3,297,000 ..... 2002 14.19 $2,865,000 ..... 2003 14.20 Any balance in the first year does not cancel but is 14.21 available in the second year. 14.22 Sec. 20. [EFFECTIVE DATE.] 14.23 Sections 8 and 12 are effective for revenue for fiscal year 14.24 2003. 14.25 ARTICLE 2 14.26 PREVENTION 14.27 Section 1. Minnesota Statutes 2000, section 119A.12, is 14.28 amended by adding a subdivision to read: 14.29 Subd. 4. [AUTHORITY TO DISBURSE FUNDS.] The commissioner 14.30 may disburse trust fund money to any public or private nonprofit 14.31 agency to fund a child abuse prevention program. State funds 14.32 appropriated for child maltreatment prevention grants may be 14.33 transferred to the children's trust fund special revenue account 14.34 and are available to carry out this section. 14.35 Sec. 2. Minnesota Statutes 2000, section 119A.12, is 14.36 amended by adding a subdivision to read: 15.1 Subd. 5. [PLAN FOR DISBURSEMENT OF FUNDS.] The 15.2 commissioner shall develop a plan to disburse money from the 15.3 trust fund. The plan must ensure that all geographic areas of 15.4 the state have an equal opportunity to establish prevention 15.5 programs and receive trust fund money. 15.6 Sec. 3. Minnesota Statutes 2000, section 119A.12, is 15.7 amended by adding a subdivision to read: 15.8 Subd. 6. [OPERATIONAL COSTS.] $120,000 each year is 15.9 appropriated from the children's trust fund to the special 15.10 revenue fund for administration and indirect costs of the 15.11 children's trust fund program. 15.12 Sec. 4. Minnesota Statutes 2000, section 119A.13, 15.13 subdivision 4, is amended to read: 15.14 Subd. 4. [RESPONSIBILITIES OF COMMISSIONER.] (a) The 15.15 commissioner shall: 15.16 (1) provide for the coordination and exchange of 15.17 information on the establishment and maintenance of prevention 15.18 programs; 15.19 (2) develop and publish criteria for receiving trust fund 15.20 money by prevention programs; 15.21 (3) review, approve, and monitor the spending of trust fund 15.22 money by prevention programs; 15.23 (4) provide statewide educational and public informational 15.24 seminars to develop public awareness on preventing child abuse; 15.25 to encourage professional persons and groups to recognize 15.26 instances of child abuse and work to prevent them; to make 15.27 information on child abuse prevention available to the public 15.28 and to organizations and agencies; and to encourage the 15.29 development of prevention programs, including programs that 15.30 provide support for adolescent parents, fathering education 15.31 programs, and other prevention activities designed to prevent 15.32 teen pregnancy; 15.33 (5) establish a procedure for an annual, internal 15.34 evaluation of the functions, responsibilities, and performance 15.35 of the commissioner in carrying out Laws 1986, chapter 423; 15.36 (6) provide technical assistance to local councils and 16.1 agencies working in the area of child abuse prevention; and 16.2 (7) accept and review grant applications beginning June 1, 16.3 1987. 16.4 (b) The commissioner shall recommend to the governor 16.5 changes in state programs, statutes, policies, budgets, and 16.6 standards that will reduce the problems of child abuse, improve 16.7 coordination among state agencies that provide prevention 16.8 services, and improve the condition of children, parents, or 16.9 guardians in need of prevention program services. 16.10 Sec. 5. Minnesota Statutes 2000, section 119A.21, is 16.11 amended to read: 16.12 119A.21 [GRANTS TO SERVICE PROVIDER PROGRAMS.] 16.13 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 16.14 award grants to programs whichthat provide abused children16.15 services to abused or neglected children. Grants shall be 16.16 awarded in a manner that ensures that they are equitably 16.17 distributed to programs serving metropolitan and nonmetropolitan 16.18 populations. 16.19 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 16.20 agency may apply to the commissioner for a grant to provide16.21 abused children services. The application shall be submitted in16.22 on a form approvedprescribed by the commissioner after16.23 consultation with the abused children advisory council and shall16.24 include:. 16.25 (1) a proposal for the provision of abused children16.26 services to, or on behalf of, abused children, children at risk,16.27 and their families;16.28 (2) a proposed budget;16.29 (3) evidence of ability to represent the interests of16.30 abused children and their families to local law enforcement16.31 agencies and courts, social services, and health agencies;16.32 (4) evidence of ability to do outreach to unserved and16.33 underserved populations and to provide culturally and16.34 linguistically appropriate services; and16.35 (5) any other information the commissioner may require by16.36 policy or by rule adopted under chapter 14, after considering17.1 the recommendations of the abused children advisory council.17.2 Programs which have been approved for grants in prior years17.3 may submit materials which indicate changes in items listed in17.4 clauses (1) to (5), in order to qualify for renewal funding.17.5 Nothing in this subdivision may be construed to require programs17.6 to submit complete applications for each year of funding.17.7 Subd. 3. [DUTIES.] Every public or private nonprofit 17.8 agency which receives a grant under this section to provide17.9 abused children servicesshall comply with all requirements of 17.10 the commissioner related to the administration of the grants. 17.11 Subd. 4. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 17.12 Personal history information and other information collected, 17.13 used, or maintained by a grantee from which the identity of any 17.14 abused child or family members may be determined is private data 17.15 on individuals as defined in section 13.02, subdivision 12, and 17.16 the grantee shall maintain the data in accordance with 17.17 provisions of chapter 13. 17.18 Sec. 6. Minnesota Statutes 2000, section 119A.22, is 17.19 amended to read: 17.20 119A.22 [DUTIES OF THE COMMISSIONER.] 17.21 The commissioner shall: 17.22 (1) review applications and award grants to programs 17.23 pursuant to section 119A.21 after considering the recommendation17.24 of the abused children advisory council; 17.25 (2) appoint members of the abused children advisory council17.26 created under section 119A.23 and provide consultative staff and17.27 other administrative services to the council;17.28 (3) after considering the recommendation of the abused17.29 children advisory council, appoint a program director to perform17.30 the duties set forth in this clause. In appointing the program17.31 director the commissioner shall give due consideration to the17.32 list of applicants submitted to the commissioner pursuant to17.33 this section. The program director shall administer the funds17.34 appropriated for sections 119A.20 to 119A.23, consult with and17.35 provide staff to the advisory council and perform other duties17.36 related to abused children's programs as the commissioner may18.1 assign;18.2 (4)design a uniform method of collecting data on abused18.3 children's programsto be used to monitor and assure compliance 18.4 of the programs funded under section 119A.21; 18.5 (5)(3) provide technical aidassistance to applicants in 18.6 the development of grant requests and to programsgrantees in 18.7 meeting the data collection requirements established by the 18.8 commissioner; and 18.9 (6)(4) adopt, under chapter 14, all rules necessary to 18.10 implement the provisions of sections 119A.20 to 119A.23. 18.11 Sec. 7. [119A.35] [ADVISORY COUNCIL.] 18.12 Subdivision 1. [GENERALLY.] The advisory council is 18.13 established under section 15.059 to advise the commissioner on 18.14 the implementation and continued operations of sections 119A.10 18.15 to 119A.16 and 119A.20 to 119A.22. The council shall expire 18.16 June 30, 2005. 18.17 Subd. 2. [COUNCIL MEMBERSHIP.] The council shall consist 18.18 of a total of 22 members. The governor shall appoint 18 of 18.19 these members. The commissioners of human services and health 18.20 shall each appoint one member. The senate shall appoint one 18.21 member from the senate committee with jurisdiction over family 18.22 and early childhood education and the house of representatives 18.23 shall appoint one member from the house committee with 18.24 jurisdiction over family and early childhood education. 18.25 Council members shall have knowledge in the areas of child 18.26 abuse and neglect prevention and intervention and knowledge of 18.27 the risk factors that can lead to child abuse and neglect. 18.28 Council members shall be representative of: local government, 18.29 criminal justice, parents, consumers of services, health and 18.30 human services professionals, faith community, professional and 18.31 volunteer providers of child abuse and neglect prevention and 18.32 intervention services, racial and ethnic minority communities, 18.33 and the demographic and geographic composition of the state. 18.34 Ten council members shall reside in the seven-county 18.35 metropolitan area and eight shall reside in nonmetropolitan 18.36 areas. 19.1 Subd. 3. [RESPONSIBILITIES.] The council shall: 19.2 (1) advise the commissioner on planning, policy 19.3 development, data collection, rulemaking, funding, and 19.4 evaluation of the programs under the sections listed in 19.5 subdivision 1; 19.6 (2) coordinate and exchange information on the 19.7 establishment and ongoing operation of the programs listed in 19.8 subdivision 1; 19.9 (3) develop and publish criteria and guidelines for 19.10 receiving grants relating to child abuse and neglect prevention 19.11 and safety and support of child victims, including, but not 19.12 limited to, funds dedicated to the children's trust fund and 19.13 abused children program; 19.14 (4) provide guidance in the development of statewide 19.15 education and public information activities that increase public 19.16 awareness in the prevention and intervention of child abuse and 19.17 neglect and encourage the development of prevention and 19.18 intervention programs, which includes the safety of child 19.19 victims; 19.20 (5) guide, analyze, and disseminate results in the 19.21 development of appropriate evaluation procedures for all 19.22 programs receiving funds under subdivision 1; and 19.23 (6) assist the commissioner in identifying service gaps or 19.24 duplication in services including geographic dispersion of 19.25 resources, programs reflecting the cycle of child abuse, and the 19.26 availability of culturally appropriate intervention and 19.27 prevention services. 19.28 Sec. 8. Minnesota Statutes 2000, section 124D.19, is 19.29 amended by adding a subdivision to read: 19.30 Subd. 12. [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAMS.] Each 19.31 district operating a community education program under this 19.32 section may establish a youth after-school enrichment program to 19.33 maintain and expand participation by school-age youth in 19.34 supervised activities during nonschool hours. The youth 19.35 after-school enrichment programs must include activities that 19.36 support development of social, mental, physical, and creative 20.1 abilities of school-age youth; provide structured youth programs 20.2 during high-risk times; and design programming to promote youth 20.3 leadership development and improved academic performance. 20.4 Sec. 9. Minnesota Statutes 2000, section 124D.19, is 20.5 amended by adding a subdivision to read: 20.6 Subd. 13. [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAM 20.7 GOALS.] The goals of youth after-school enrichment programs are 20.8 to: 20.9 (1) collaborate with and leverage existing community 20.10 resources that have demonstrated effectiveness; 20.11 (2) reach out to children and youth, including at-risk 20.12 youth, in the community; 20.13 (3) increase the number of children participating in 20.14 adult-supervised programs during nonschool hours; 20.15 (4) support academic achievement; and 20.16 (5) increase skills in technology, the arts, sports, and 20.17 other activities. 20.18 Sec. 10. Minnesota Statutes 2000, section 124D.19, is 20.19 amended by adding a subdivision to read: 20.20 Subd. 14. [COMMUNITY EDUCATION; ANNUAL REPORT.] Each 20.21 district offering a community education program under this 20.22 section must annually report to the department information 20.23 regarding the cost per participant and cost per contact hour for 20.24 each community education program, including youth after-school 20.25 enrichment programs, that receives aid or levy. The department 20.26 must include cost per participant and cost per contact hour 20.27 information by program in the community education annual report. 20.28 Sec. 11. Minnesota Statutes 2000, section 124D.20, 20.29 subdivision 1, is amended to read: 20.30 Subdivision 1. [TOTAL COMMUNITY EDUCATION REVENUE.] Total 20.31 community education revenue equals the sum of a district's 20.32 general community education revenue and, youth service program 20.33 revenue, and youth after-school enrichment revenue. 20.34 Sec. 12. Minnesota Statutes 2000, section 124D.20, is 20.35 amended by adding a subdivision to read: 20.36 Subd. 4a. [YOUTH AFTER-SCHOOL ENRICHMENT REVENUE.] In 21.1 fiscal year 2003 and thereafter, youth after-school enrichment 21.2 revenue for a district operating a youth after-school enrichment 21.3 program under section 124D.19, subdivision 12, equals: 21.4 (1) $1.85 times the greater of 1,335 or the population of 21.5 the district, as defined in section 275.14, not to exceed 21.6 10,000; and 21.7 (2) $0.43 times the population of the district, as defined 21.8 in section 275.14, in excess of 10,000. Youth after-school 21.9 enrichment revenue must be reserved for youth after-school 21.10 enrichment programs. 21.11 Sec. 13. Minnesota Statutes 2000, section 124D.20, 21.12 subdivision 5, is amended to read: 21.13 Subd. 5. [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 21.14 community education revenue, a district operating a youth 21.15 after-school enrichment program under section 124D.19, 21.16 subdivision 12, may levy the amount raised by a maximum tax rate 21.17 of .4795.7431 percent times the adjusted net tax capacity of 21.18 the district. To obtain total community education revenue, a 21.19 district not operating a youth after-school enrichment program 21.20 may levy the amount raised by a maximum tax rate of .4795 21.21 percent times the adjusted net tax capacity of the district. If 21.22 the amount of the total community education levy would exceed 21.23 the total community education revenue, the total community 21.24 education levy shall be determined according to subdivision 6. 21.25 Sec. 14. [RETROACTIVITY.] 21.26 A contract encumbered or a grant awarded by a state agency 21.27 before September 1, 2001, may be made retroactive to July 1, 21.28 2001. 21.29 Sec. 15. [APPROPRIATIONS.] 21.30 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 21.31 LEARNING.] The sums indicated in this section are appropriated 21.32 from the general fund to the department of children, families, 21.33 and learning for the fiscal years designated. 21.34 Subd. 2. [FAMILY SERVICES COLLABORATIVES.] For family 21.35 services collaboratives according to Minnesota Statutes, section 21.36 124D.23: 22.1 $1,477,000 ..... 2002 22.2 $ 863,000 ..... 2003 22.3 No new family services collaboratives shall be funded with 22.4 this appropriation. 22.5 Any balance in the first year does not cancel but is 22.6 available in the second year. 22.7 Subd. 3. [COMMUNITY EDUCATION AID.] For community 22.8 education aid according to Minnesota Statutes, section 124D.20: 22.9 $14,209,000 ..... 2002 22.10 $13,111,000 ..... 2003 22.11 The 2002 appropriation includes $1,528,000 for 2001 and 22.12 $12,681,000 for 2002. 22.13 The 2003 appropriation includes $1,409,000 for 2002 and 22.14 $11,702,000 for 2003. 22.15 Any balance in the first year does not cancel but is 22.16 available in the second year. 22.17 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 22.18 adults with disabilities programs according to Minnesota 22.19 Statutes, section 124D.56: 22.20 $639,000 ..... 2002 22.21 $710,000 ..... 2003 22.22 The 2002 appropriation includes $0 for 2001 and $639,000 22.23 for 2002. 22.24 The 2003 appropriation includes $71,000 for 2002 and 22.25 $639,000 for 2003. 22.26 Any balance in the first year does not cancel but is 22.27 available in the second year. 22.28 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 22.29 hearing-impaired adults according to Minnesota Statutes, section 22.30 124D.57: 22.31 $70,000 ..... 2002 22.32 $70,000 ..... 2003 22.33 Any balance in the first year does not cancel but is 22.34 available in the second year. 22.35 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 22.36 violence prevention education grants according to Minnesota 23.1 Statutes, section 120B.23: 23.2 $1,305,000 ..... 2002 23.3 $1,450,000 ..... 2003 23.4 The 2002 appropriation includes $0 for 2001 and $1,305,000 23.5 for 2002. 23.6 The 2003 appropriation includes $145,000 for 2002 and 23.7 $1,305,000 for 2003. 23.8 Any balance in the first year does not cancel but is 23.9 available in the second year. 23.10 Subd. 7. [ABUSED CHILDREN.] For abused children programs 23.11 according to Minnesota Statutes, section 119A.21: 23.12 $945,000 ..... 2002 23.13 $945,000 ..... 2003 23.14 Any balance in the first year does not cancel but is 23.15 available in the second year. 23.16 Subd. 8. [CHILDREN'S TRUST FUND.] For children's trust 23.17 fund according to Minnesota Statutes, sections 119A.12 and 23.18 119A.13: 23.19 $875,000 ..... 2002 23.20 $875,000 ..... 2003 23.21 Any balance in the first year does not cancel but is 23.22 available in the second year. 23.23 Subd. 9. [FAMILY VISITATION CENTERS.] (a) For family 23.24 visitation centers according to Minnesota Statutes, section 23.25 119A.37: 23.26 $200,000 ..... 2002 23.27 $200,000 ..... 2003 23.28 Any balance in the first year does not cancel but is 23.29 available in the second year. 23.30 (b) An additional $96,000 in fiscal year 2002 and $96,000 23.31 in fiscal year 2003 are appropriated from the special revenue 23.32 fund under Minnesota Statutes, section 517.08, subdivision 1c, 23.33 for family visitation centers. Any balance in the first year 23.34 does not cancel but is available for the second year. 23.35 Subd. 10. [AFTER-SCHOOL ENRICHMENT GRANTS.] For 23.36 after-school enrichment grants according to Minnesota Statutes, 24.1 section 124D.221: 24.2 $5,510,000 ..... 2002 24.3 $5,510,000 ..... 2003 24.4 Any balance in the first year does not cancel but is 24.5 available in the second year. 24.6 Subd. 11. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 24.7 grants with funds received under Minnesota Statutes, section 24.8 171.29, subdivision 2, paragraph (b), clause (4): 24.9 $200,000 ..... 2002 24.10 $200,000 ..... 2003 24.11 (b) These appropriations are from the alcohol-impaired 24.12 driver account of the special revenue fund for chemical abuse 24.13 prevention grants. 24.14 (c) $25,000 in each year is for a grant to the city of St. 24.15 Louis Park for the Meadowbrook Collaborative Housing Project to 24.16 continue cooperative activities that support at-risk children 24.17 and youth programming and to provide advice to the after-school 24.18 substance abuse prevention program and other grantees that seek 24.19 to replicate the Meadowbrook Collaborative Housing Project 24.20 program model. 24.21 (d) $175,000 in each year is to establish an after-school 24.22 substance abuse prevention grant program to provide eligible 24.23 community and nonprofit organizations with grants of up to 24.24 $20,000 per year for after-school substance abuse prevention 24.25 programs. 24.26 Sec. 16. [APPROPRIATIONS.] 24.27 Subdivision 1. [DEPARTMENT OF MILITARY AFFAIRS.] The sums 24.28 indicated in this section are appropriated from the general fund 24.29 to the department of military affairs for the fiscal years 24.30 designated. 24.31 Subd. 2. [GUARD OUR YOUTH.] For the guard our youth 24.32 program sponsored by the department of military affairs to serve 24.33 at-risk and underserved youth ages nine to 16 years: 24.34 $191,000 ..... 2002 24.35 This is a one-time appropriation. 24.36 Any balance in the first year does not cancel but is 25.1 available in the second year. 25.2 Sec. 17. [REVISOR INSTRUCTION.] 25.3 In the next and subsequent editions of Minnesota Statutes 25.4 and Minnesota Rules, the revisor shall renumber Minnesota 25.5 Statutes, section 119A.13, subdivision 4, as Minnesota Statutes, 25.6 section 119A.12, subdivision 4, and make necessary 25.7 cross-reference changes consistent with the renumbering. 25.8 Sec. 18. [REPEALER.] 25.9 Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 25.10 2, and 3; 119A.14, subdivision 2; 119A.23; 124D.33; and 25.11 124D.331, are repealed. 25.12 Sec. 19. [EFFECTIVE DATE.] 25.13 Sections 12 and 13 are effective for revenue for fiscal 25.14 year 2003. 25.15 ARTICLE 3 25.16 SELF-SUFFICIENCY AND LIFELONG LEARNING 25.17 Section 1. Minnesota Statutes 2000, section 124D.518, 25.18 subdivision 5, is amended to read: 25.19 Subd. 5. [UNREIMBURSED EXPENSES.] "Unreimbursed expenses" 25.20 means allowable adult basic education expenses of a program, in 25.21 the current program year, that are not covered by payments from 25.22 federal or private for-profit sources. 25.23 Sec. 2. Minnesota Statutes 2000, section 124D.52, 25.24 subdivision 2, is amended to read: 25.25 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 25.26 section, a district, a consortium of districts, the department 25.27 of corrections, or a private nonprofit organization must submit 25.28 an application by June 1 describing the program, on a form 25.29 provided by the department. The program must be approved by the 25.30 commissioner according to the following criteria: 25.31 (1) how the needs of different levels of learning will be 25.32 met; 25.33 (2) for continuing programs, an evaluation of results; 25.34 (3) anticipated number and education level of participants; 25.35 (4) coordination with other resources and services; 25.36 (5) participation in a consortium, if any, and money 26.1 available from other participants; 26.2 (6) management and program design; 26.3 (7) volunteer training and use of volunteers; 26.4 (8) staff development services; 26.5 (9) program sites and schedules; 26.6 (10) program expenditures that qualify for aid; 26.7 (11) program ability to provide data related to learner 26.8 outcomes as required by law; and 26.9 (12) a copy of the memorandum of understanding described in 26.10 subdivision 1 submitted to the commissioner. 26.11 (b) Adult basic education programs may be approved under 26.12 this subdivision for up to five years. Five-year program 26.13 approval must be granted to an applicant who has demonstrated 26.14 the capacity to: 26.15 (1) offer comprehensive learning opportunities and support 26.16 service choices appropriate for and accessible to adults at all 26.17 basic skill need levels; 26.18 (2) provide a participatory and experiential learning 26.19 approach based on the strengths, interests, and needs of each 26.20 adult, that enables adults with basic skill needs to: 26.21 (i) identify, plan for, and evaluate their own progress 26.22 toward achieving their defined educational and occupational 26.23 goals; 26.24 (ii) master the basic academic reading, writing, and 26.25 computational skills, as well as the problem-solving, decision 26.26 making, interpersonal effectiveness, and other life and learning 26.27 skills they need to function effectively in a changing society; 26.28 (iii) locate and be able to use the health, governmental, 26.29 and social services and resources they need to improve their own 26.30 and their families' lives; and 26.31 (iv) continue their education, if they desire, to at least 26.32 the level of secondary school completion, with the ability to 26.33 secure and benefit from continuing education that will enable 26.34 them to become more employable, productive, and responsible 26.35 citizens; 26.36 (3) plan, coordinate, and develop cooperative agreements 27.1 with community resources to address the needs that the adults 27.2 have for support services, such as transportation, flexible 27.3 course scheduling, convenient class locations, and child care; 27.4 (4) collaborate with business, industry, labor unions, and 27.5 employment-training agencies, as well as with family and 27.6 occupational education providers, to arrange for resources and 27.7 services through which adults can attain economic 27.8 self-sufficiency; 27.9 (5) provide sensitive and well trained adult education 27.10 personnel who participate in local, regional, and statewide 27.11 adult basic education staff development events to master 27.12 effective adult learning and teaching techniques; 27.13 (6) participate in regional adult basic education peer 27.14 program reviews and evaluations; 27.15 (7) submit accurate and timely performance and fiscal 27.16 reports; 27.17 (8) submit accurate and timely reports related to program 27.18 outcomes and learner follow-up information; and 27.19 (9) spend adult basic education aid on adult basic 27.20 education purposes only, which are specified in sections 27.21 124D.518 to 124D.531. 27.22 (c) The commissioner shall require each district to provide 27.23 notification by February 1, 2001, of its intent to apply for 27.24 funds under this section as a single district or as part of an 27.25 identified consortium of districts. A district receiving funds 27.26 under this section must notify the commissioner by February 1 of 27.27 its intent to change its application status for applications due 27.28 the following June 1. 27.29 Sec. 3. Minnesota Statutes 2000, section 124D.522, is 27.30 amended to read: 27.31 124D.522 [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 27.32 GRANTS.] 27.33 (a) The commissioner, in consultation with the policy 27.34 review task force under section 124D.521, may make grants to 27.35 nonprofit organizations to provide services that are not offered 27.36 by a district adult basic education program or that are 28.1 supplemental to either the statewide adult basic education 28.2 program, or a district's adult basic education program. The 28.3 commissioner may make grants for: staff development for adult 28.4 basic education teachers and administrators; training for 28.5 volunteer tutors; training, services, and materials for serving 28.6 disabled students through adult basic education programs; 28.7 statewide promotion of adult basic education services and 28.8 programs; development and dissemination of instructional and 28.9 administrative technology for adult basic education programs; 28.10 programs which primarily serve communities of color; adult basic 28.11 education distance learning projects, including television 28.12 instruction programs; and other supplemental services to support 28.13 the mission of adult basic education and innovative delivery of 28.14 adult basic education services. 28.15 (b) The commissioner must establish eligibility criteria 28.16 and grant application procedures. Grants under this section 28.17 must support services throughout the state, focus on educational 28.18 results for adult learners, and promote outcome-based 28.19 achievement through adult basic education programs. Beginning 28.20 in fiscal year 2002, the commissioner may make grants under this 28.21 section from funds specifically appropriatedthe state total 28.22 adult basic education aid set aside for supplemental service 28.23 grants under section 124D.531. Up to one-thirdone-fourth of 28.24 the appropriation for supplemental service grants must be used 28.25 for grants for adult basic education programs to encourage and 28.26 support innovations in adult basic education instruction and 28.27 service delivery. A grant to a single organization cannot 28.28 exceed $100,000. Nothing in this section prevents an approved 28.29 adult basic education program from using state or federal aid to 28.30 purchase supplemental services. 28.31 Sec. 4. Minnesota Statutes 2000, section 124D.531, 28.32 subdivision 1, is amended to read: 28.33 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] 28.34 (a) The state total adult basic education aid for fiscal year 28.35 2001 equals $30,157,000. The state total adult basic education 28.36 aid for later years equals: 29.1 (1) the state total adult basic education aid for the 29.2 preceding fiscal year; times 29.3 (2) the lesser of: 29.4 (i) 1.08, or 29.5 (ii) the greater of 1.00 or the ratio of the state total 29.6 contact hours in the first prior program year to the state total 29.7 contact hours in the second prior program year. Beginning in 29.8 fiscal year 2002, two percent of the state total adult basic 29.9 education aid must be set aside for adult basic education 29.10 supplemental service grants under section 124D.522. 29.11 (b) The state total adult basic education aid, excluding 29.12 basic population aid, equals the difference between the amount 29.13 computed in paragraph (a), and the state total basic population 29.14 aid under subdivision 2. 29.15 Sec. 5. Minnesota Statutes 2000, section 124D.531, 29.16 subdivision 3, is amended to read: 29.17 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs 29.18 established under section 124D.52 and approved by the 29.19 commissioner are eligible for revenue under this subdivision. 29.20 For fiscal year 2001 and later, adult basic education revenue 29.21 for each approved program equals the sum of: 29.22 (1) the basic population aid under subdivision 2 for 29.23 districts participating in the program during the current 29.24 program year; plus 29.25 (2) 84 percent times the amount computed in subdivision 1, 29.26 paragraph (b), times the ratio of the contact hours for students 29.27 participating in the program during the first prior program year 29.28 to the state total contact hours during the first prior program 29.29 year; plus 29.30 (3) eight percent times the amount computed in subdivision 29.31 1, paragraph (b), times the ratio of the enrollment of students 29.32 with limited English proficiency during the second prior school 29.33 year in districts participating in the program during the 29.34 current program year to the state total enrollment of students 29.35 with limited English proficiency during the second prior school 29.36 year in districts participating in adult basic education 30.1 programs during the current program year; plus 30.2 (4) eight percent times the amount computed in subdivision 30.3 1, paragraph (b), times the ratio of the latest federal census 30.4 count of the number of adults aged 20 or older with no diploma 30.5 residing in the districts participating in the program during 30.6 the current program year to the latest federal census count of 30.7 the state total number of adults aged 20 or older with no 30.8 diploma residing in the districts participating in adult basic 30.9 education programs during the current program year. 30.10 Sec. 6. Minnesota Statutes 2000, section 124D.531, 30.11 subdivision 7, is amended to read: 30.12 Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under 30.13 this section must maintain records that support the aid 30.14 payments. The commissioner may audit these records upon 30.15 request. The commissioner must establish procedures for 30.16 conducting fiscal audits of adult basic education programs 30.17 according to the schedule in this subdivision. In calendar year 30.18 20022003, the commissioner must audit one-half of approved 30.19 adult basic education programs that received aid for fiscal year 30.20 20012002, and in calendar year 20032004, the commissioner must 30.21 audit the remaining unaudited programs for aid received in 30.22 fiscal year 20022003. Beginning with fiscal year 20042005, 30.23 the commissioner must, at a minimum, audit each adult basic 30.24 education program once every five years. The commissioner must 30.25 establish procedures to reconcile any discrepancies between aid 30.26 payments based on information reported to the commissioner and 30.27 aid estimates based on a program audit. 30.28 Sec. 7. [ADULT BASIC EDUCATION POLICY TASK FORCE.] 30.29 The adult basic education policy task force, under Laws 30.30 2000, chapter 489, article 1, section 42, must recommend to the 30.31 legislative finance committees with responsibility for adult 30.32 basic education an equitable funding formula for nondistrict 30.33 programs based on an evaluation of costs and revenues. The task 30.34 force must report to the legislature by February 1, 2002. 30.35 Sec. 8. [DIRECTION TO COMMISSIONER.] 30.36 The commissioner of children, families, and learning must 31.1 hire a state adult basic education director who is a different 31.2 employee than the federal adult basic education director to 31.3 oversee the state adult basic education program. The duties of 31.4 the state adult basic education director include, but are not 31.5 limited to: 31.6 (1) oversight of the supplemental service grants; 31.7 (2) coordination of the adult basic education policy task 31.8 force; 31.9 (3) working with adult basic education directors around the 31.10 state; and 31.11 (4) providing information to the legislative finance 31.12 committees that oversee the adult basic education program. 31.13 Sec. 9. [APPROPRIATIONS.] 31.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 31.15 LEARNING.] The sums indicated in this section are appropriated 31.16 from the general fund to the department of children, families, 31.17 and learning for the fiscal years designated. 31.18 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 31.19 Minnesota economic opportunity grants, Minnesota Statutes, 31.20 sections 119A.374 to 119A.376: 31.21 $8,514,000 ..... 2002 31.22 $8,514,000 ..... 2003 31.23 Any balance in the first year does not cancel but is 31.24 available in the second year. 31.25 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 31.26 housing programs according to Minnesota Statutes, section 31.27 119A.43: 31.28 $1,988,000 ..... 2002 31.29 $1,988,000 ..... 2003 31.30 Any balance in the first year does not cancel but is 31.31 available in the second year. 31.32 Subd. 4. [EMERGENCY SERVICES.] For emergency services 31.33 according to Minnesota Statutes, section 119A.43: 31.34 $350,000 ..... 2002 31.35 $350,000 ..... 2003 31.36 Any balance in the first year does not cancel but is 32.1 available in the second year. 32.2 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 32.3 education aid according to Minnesota Statutes, section 124D.531: 32.4 $32,150,000 ..... 2002 32.5 $34,731,000 ..... 2003 32.6 The 2002 appropriation includes $3,019,000 for 2001 and 32.7 $29,131,000 for 2002. 32.8 The 2003 appropriation includes $3,237,000 for 2002 and 32.9 $31,494,000 for 2003. 32.10 Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.] 32.11 For adult basic education audits under Minnesota Statutes, 32.12 section 124D.531, and for a state adult basic education director: 32.13 $100,000 ..... 2002 32.14 $275,000 ..... 2003 32.15 The fiscal year 2004 appropriation is $275,000. In fiscal 32.16 year 2005 and thereafter, the base is $170,000 from the general 32.17 fund each year. 32.18 Any balance in the first year does not cancel but is 32.19 available in the second year. 32.20 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 32.21 according to Minnesota Statutes, section 124D.54: 32.22 $3,195,000 ..... 2002 32.23 $3,356,000 ..... 2003 32.24 The 2002 appropriation includes $305,000 for 2001 and 32.25 $2,890,000 for 2002. 32.26 The 2003 appropriation includes $321,000 for 2002 and 32.27 $3,035,000 for 2003. 32.28 Subd. 8. [GED TESTS.] For GED tests according to Minnesota 32.29 Statutes, section 124D.55: 32.30 $125,000 ..... 2002 32.31 $125,000 ..... 2003 32.32 Any balance in the first year does not cancel but is 32.33 available in the second year. 32.34 Subd. 9. [FOODSHELF PROGRAM.] For foodshelf programs 32.35 according to Minnesota Statutes, section 119A.44: 32.36 $1,278,000 ..... 2002 33.1 $1,278,000 ..... 2003 33.2 Any balance in the first year does not cancel but is 33.3 available in the second year. 33.4 Subd. 10. [FAMILY ASSETS FOR INDEPENDENCE.] 33.5 $500,000 ..... 2002 33.6 Any balance in the first year does not cancel but is 33.7 available in the second year. 33.8 Subd. 11. [LEAD ABATEMENT.] For lead abatement according 33.9 to Minnesota Statutes, section 119A.46: 33.10 $100,000 ..... 2002 33.11 $100,000 ..... 2003 33.12 Any balance in the first year does not cancel but is 33.13 available in the second year. 33.14 Sec. 10. [TANF APPROPRIATIONS.] 33.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 33.16 LEARNING.] The sums indicated in this section are appropriated 33.17 to the commissioner of children, families, and learning from the 33.18 federal Temporary Assistance for Needy Families block grant for 33.19 the fiscal years designated. These amounts are available for 33.20 expenditure until June 30, 2003. Appropriations under this 33.21 section are one-time appropriations and are not added to the 33.22 base for fiscal years 2004 and 2005. 33.23 Subd. 2. [INTENSIVE ENGLISH AS A SECOND LANGUAGE.] For 33.24 intensive English as a second language for eligible MFIP 33.25 participants under Laws 2000, chapter 489, article 1, section 39: 33.26 $1,100,000 ..... 2002 33.27 $1,100,000 ..... 2003 33.28 Any balance in the first year does not cancel but is 33.29 available in the second year. 33.30 Subd. 3. [TRANSITIONAL HOUSING.] For reimbursement grants 33.31 to transitional housing programs under Minnesota Statutes, 33.32 section 119A.43: 33.33 $1,900,000 ..... 2002 33.34 $1,950,000 ..... 2003 33.35 Any balance in the first year does not cancel but is 33.36 available in the second year. 34.1 These appropriations must be used for up to four months of 34.2 transitional housing for families with incomes below 200 percent 34.3 of the federal poverty guidelines. Payment must be made to 34.4 programs on a reimbursement basis. 34.5 Sec. 11. [REVISOR INSTRUCTION.] 34.6 In the next and subsequent editions of Minnesota Statutes 34.7 and Minnesota Rules, the revisor must replace all references to 34.8 the "Minnesota Foodshelf Association" with "Hunger Solutions." 34.9 ARTICLE 4 34.10 LIBRARIES 34.11 Section 1. Minnesota Statutes 2000, section 125B.20, 34.12 subdivision 1, is amended to read: 34.13 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of 34.14 developing a statewide school district telecommunications 34.15 network is to expand the availability of a broad range of 34.16 courses and degrees to students throughout the state, to share 34.17 information resources to improve access, quality, and 34.18 efficiency, to improve learning, and distance cooperative 34.19 learning opportunities, and to promote the exchange of ideas 34.20 among students, parents, teachers, media generalists, 34.21 librarians, and the public. In addition, through the 34.22 development of this statewide telecommunications network 34.23 emphasizing cost-effective, competitive connections, all 34.24 Minnesotans will benefit by enhancing access to 34.25 telecommunications technology throughout the state. Network 34.26 connections for school districts and public libraries are 34.27 coordinated and fully integrated into the existing state 34.28 telecommunications and interactive television networks to 34.29 achieve comprehensive and efficient interconnectivity of school 34.30 districts and libraries to higher education institutions, state 34.31 agencies, other governmental units, agencies, and institutions 34.32 throughout Minnesota. A school district may apply to the 34.33 commissioner for a grant under subdivision 2 , and a regional34.34 public library may apply under subdivision 3. The Minnesota 34.35 education telecommunications council established in Laws 1995, 34.36 First Special Session chapter 3, article 12, section 7, shall 35.1 establish priorities for awarding grants, making grant awards, 35.2 and being responsible for the coordination of networks. 35.3 Sec. 2. Minnesota Statutes 2000, section 134.31, 35.4 subdivision 5, is amended to read: 35.5 Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall 35.6 appoint an advisory committee of five members to advise the 35.7 staff of the Minnesota library for the blind and physically 35.8 handicapped on long-range plans and library services. Members 35.9 shall be people who use the library. Section 15.059 governs 35.10 this committee except that the committee shall expire on June 35.11 30, 20012003. 35.12 Sec. 3. [134.47] [REGIONAL LIBRARY TELECOMMUNICATIONS 35.13 AID.] 35.14 Subdivision 1. [ELIGIBILITY.] (a) A regional public 35.15 library system may apply for regional library telecommunications 35.16 aid. The aid must be used for data and video access costs and 35.17 other related costs to improve or maintain electronic access and 35.18 connect the library system with the state information 35.19 infrastructure administered by the department of administration 35.20 under section 16B.465. Priority shall be given to public 35.21 libraries that have not received access. To be eligible, a 35.22 regional public library system must be officially designated by 35.23 the commissioner of children, families, and learning as a 35.24 regional public library system as defined in section 134.34, 35.25 subdivision 3, and each of its participating cities and counties 35.26 must meet local support levels defined in section 134.34, 35.27 subdivision 1. A public library building that receives aid 35.28 under this section must be open a minimum of 20 hours per week. 35.29 (b) Aid received under this section may not be used to 35.30 substitute for any existing local funds allocated to provide 35.31 electronic access, equipment for library staff or the public, or 35.32 local funds dedicated to other library operations. 35.33 (c) An application for regional library telecommunications 35.34 aid must, at a minimum, contain information to document the 35.35 following: 35.36 (1) the connections are adequate and employ an open network 36.1 architecture that will ensure interconnectivity and 36.2 interoperability with school districts, post-secondary 36.3 education, or other governmental agencies; 36.4 (2) that the connection is established through the most 36.5 cost-effective means and that the regional library has explored 36.6 and coordinated connections through school districts, 36.7 post-secondary education, or other governmental agencies; 36.8 (3) that the regional library system has filed an e-rate 36.9 application; and 36.10 (4) other information, as determined by the commissioner of 36.11 children, families, and learning, to ensure that connections are 36.12 coordinated, efficient, and cost-effective, take advantage of 36.13 discounts, and meet applicable state standards. 36.14 The library system may include costs associated with 36.15 cooperative arrangements with post-secondary institutions, 36.16 school districts, and other governmental agencies. 36.17 Subd. 2. [AWARD OF FUNDS.] The commissioner of children, 36.18 families, and learning shall develop an application and a 36.19 reporting form and procedures for regional library 36.20 telecommunications aid. Aid shall be based on actual costs of 36.21 connections and funds available for this purpose. The 36.22 commissioner shall make payments directly to the regional public 36.23 library system. 36.24 Subd. 3. [EXPIRATION.] This section expires on July 1, 36.25 2003. 36.26 Sec. 4. Laws 2000, chapter 489, article 5, section 23, is 36.27 amended to read: 36.28 Sec. 23. [COMMISSIONER RECOMMENDATION.] 36.29 By February 1, 2002, the commissioner of children, 36.30 families, and learning, in cooperation with the commissioner of 36.31 administration and the Minnesota education telecommunication 36.32 council, shall recommend to the legislature a permanent method 36.33 for funding telecommunications access as part of the general 36.34 education revenue formula under Minnesota Statutes, section 36.35 126C.10, for school districts and charter schools and a 36.36 permanent method for funding telecommunications access as part 37.1 of the basic support grants for public libraries. The 37.2 commissioner shall consider the following in making the 37.3 recommendation: 37.4 (1) the range of costs for providing a minimum level of 37.5 telecommunications access for all students and library users; 37.6 (2) the flexibility that is necessary to accommodate 37.7 emerging technological advances in the telecommunications field; 37.8 and 37.9 (3) other related efforts within the state, including the 37.10 state's higher education and public library systems. 37.11 Sec. 5. [APPROPRIATIONS.] 37.12 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 37.13 LEARNING.] The sums indicated in this section are appropriated 37.14 from the general fund to the department of children, families, 37.15 and learning for the fiscal years designated. 37.16 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants 37.17 according to Minnesota Statutes, sections 134.32 to 134.35: 37.18 $8,570,000 ..... 2002 37.19 $8,570,000 ..... 2003 37.20 The 2002 appropriation includes $857,000 for 2001 and 37.21 $7,713,000 for 2002. 37.22 The 2003 appropriation includes $857,000 for 2002 and 37.23 $7,713,000 for 2003. 37.24 Base level funding for fiscal year 2004 is $9,723,000 and 37.25 $9,722,000 for fiscal year 2005. 37.26 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 37.27 grants according to Minnesota Statutes, sections 134.353 and 37.28 134.354, to multicounty, multitype library systems: 37.29 $903,000 ..... 2002 37.30 $903,000 ..... 2003 37.31 The 2002 appropriation includes $90,000 for 2001 and 37.32 $813,000 for 2002. 37.33 The 2003 appropriation includes $90,000 for 2002 and 37.34 $813,000 for 2003. 37.35 Any balance in the first year does not cancel but is 37.36 available in the second year. 38.1 Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For 38.2 aid to regional public library systems under Minnesota Statutes, 38.3 section 134.47: 38.4 $1,200,000 ..... 2002 38.5 $1,200,000 ..... 2003 38.6 This is a one-time appropriation. Any balance in the first 38.7 year does not cancel but is available in the second year. 38.8 Sec. 6. [REPEALER.] 38.9 (a) Minnesota Statutes 2000, section 125B.20, subdivision 38.10 3, is repealed. 38.11 (b) Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 38.12 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 38.13 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 38.14 3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 38.15 repealed.