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Minnesota Legislature

Office of the Revisor of Statutes

HF 1235

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2005

Current Version - as introduced

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A bill for an act
relating to human services; consolidating the MFIP and
basic sliding fee child care programs; appropriating
money; amending Minnesota Statutes 2004, sections
119B.02, subdivisions 1, 2; 119B.03, subdivisions 3,
9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.05,
subdivision 5; 119B.08; 119B.09, subdivisions 1, 4a,
7; 119B.10; 119B.11, subdivision 1; 119B.12,
subdivision 2; 119B.13, by adding subdivisions;
119B.15; 119B.24; repealing Minnesota Statutes 2004,
sections 119B.011, subdivisions 20, 20a; 119B.03,
subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.05,
subdivision 1; 119B.07; 119B.09, subdivision 3;
119B.11, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 119B.02,
subdivision 1, is amended to read:


Subdivision 1.

Child care services.

The commissioner
shall develop standards for county and human services boards to
provide child care services to enable eligible families to
participate in employment, training, or education programs.
deleted text begin Within the limits of available appropriations,deleted text endThe commissioner
shall distribute money to counties to reduce the costs of child
care for eligible families. The commissioner shall adopt rules
to govern the program in accordance with this section. The
rules must establish a sliding schedule of fees for parents
receiving child care services. The rules shall provide that
funds received as a lump sum payment of child support arrearages
shall not be counted as income to a family in the month received
but shall be prorated over the 12 months following receipt and
added to the family income during those months. The
commissioner shall maximize the use of federal money under title
I and title IV of Public Law 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
and other programs that provide federal or state reimbursement
for child care services for low-income families who are in
education, training, job search, or other activities allowed
under those programs. Money appropriated under this section
must be coordinated with the programs that provide federal
reimbursement for child care services to accomplish this
purpose. deleted text beginFederal reimbursement obtained must be allocated to
the county that spent money for child care that is federally
reimbursable under programs that provide federal reimbursement
for child care services.
deleted text endThe deleted text begincounties deleted text endnew text begincommissioner new text endshall use
the federal money to expand child care services. The
commissioner may adopt rules under chapter 14 to implement and
coordinate federal program requirements.

Sec. 2.

Minnesota Statutes 2004, section 119B.02,
subdivision 2, is amended to read:


Subd. 2.

Contractual agreements with tribes.

The
commissioner may enter into contractual agreements with a
federally recognized Indian tribe with a reservation in
Minnesota to carry out the responsibilities of county human
service agencies to the extent necessary for the tribe to
operate child care assistance programs new text beginfor families eligible
new text end under sections deleted text begin119B.03 deleted text endnew text begin119B.09 new text endand deleted text begin119B.05 deleted text endnew text begin119B.10new text end. An
agreement may allow for the tribe to be reimbursed for child
care assistance services provided under deleted text beginsection 119B.05 deleted text endnew text beginthis
chapter
new text end. The commissioner shall consult with the affected
county or counties in the contractual agreement negotiations, if
the county or counties wish to be included, in order to avoid
the duplication of county and tribal child care
services. deleted text beginFunding to support services under section 119B.03 may
be transferred to the federally recognized Indian tribe with a
reservation in Minnesota from allocations available to counties
in which reservation boundaries lie. When funding is
transferred under section 119B.03, the amount shall be
commensurate to estimates of the proportion of reservation
residents with characteristics identified in section 119B.03,
subdivision 6, to the total population of county residents with
those same characteristics.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 119B.03,
subdivision 3, is amended to read:


Subd. 3.

Eligible participants.

Families that meet the
eligibility requirements under sections deleted text begin119B.07,deleted text end119B.09deleted text begin,deleted text endand
119B.10deleted text begin, except MFIP participants, diversionary work program,
and transition year families
deleted text endare eligible for child care
assistance under the deleted text beginbasic sliding fee deleted text endnew text beginchild care assistance
new text end program. Families enrolled in the deleted text beginbasic sliding fee deleted text endnew text beginchild care
assistance
new text endprogram shall be continued until they are no longer
eligible. Child care assistance provided through the child care
fund is considered assistance to the parent.

Sec. 4.

Minnesota Statutes 2004, section 119B.03,
subdivision 9, is amended to read:


Subd. 9.

deleted text beginportability pool deleted text endnew text beginfamily move; continued
participation
new text end.

(a) deleted text beginThe commissioner shall establish a pool of
up to five percent of the annual appropriation for the basic
sliding fee program to provide continuous child care assistance
for eligible families who move between Minnesota counties. At
the end of each allocation period, any unspent funds in the
portability pool must be used for assistance under the basic
sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must
be reduced to cover these shortages.
deleted text end

deleted text begin (b) To be eligible for portable basic sliding fee
assistance, a family that has moved from a county in which it
deleted text endnew text beginA
family receiving child care assistance under the child care fund
that has moved from a county in which the family
new text endwas receiving
deleted text begin basic sliding fee deleted text endnew text beginchild care new text endassistance to deleted text begina deleted text endnew text beginanother new text endcounty
deleted text begin with a waiting list for the basic sliding fee program deleted text endmust new text beginbe
admitted into the receiving county's child care assistance
program if the family
new text end:

(1) deleted text beginmeet deleted text endnew text beginmeets new text endthe income and eligibility guidelines for
the deleted text beginbasic sliding fee deleted text endnew text beginchild care assistance new text endprogram; and

(2) deleted text beginnotify deleted text endnew text beginnotifies new text endthe new county of residence within 60
days of moving and deleted text beginsubmit deleted text endnew text beginsubmits new text endinformation to the new county
of residence to verify eligibility for the deleted text beginbasic sliding fee
deleted text endnew text begin child care assistance new text endprogram.

deleted text begin (c) deleted text endnew text begin(b) new text endThe receiving county mustdeleted text begin:
deleted text end

deleted text begin (1) deleted text endaccept administrative responsibility deleted text beginfor applicants for
portable basic sliding fee assistance
deleted text endat the end of the two
months of assistance under the Unitary Residency Actdeleted text begin;
deleted text end

deleted text begin (2) continue basic sliding fee assistance for the lesser of
six months or until the family is able to receive assistance
under the county's regular basic sliding program; and
deleted text end

deleted text begin (3) notify the commissioner through the quarterly reporting
process of any family that meets the criteria of the portable
basic sliding fee assistance pool
deleted text end.

Sec. 5.

Minnesota Statutes 2004, section 119B.03,
subdivision 10, is amended to read:


Subd. 10.

Application; entry points.

Two or more methods
of applying for the deleted text beginbasic sliding fee deleted text endnew text beginchild care assistance
new text end program new text beginunder this chapter new text endmust be available to applicants in
each county. To meet the requirements of this subdivision, a
county may provide alternative methods of applying for
assistance, including, but not limited to, a mail application,
or application sites that are located outside of government
offices.

Sec. 6.

Minnesota Statutes 2004, section 119B.035,
subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A family in which a parent
provides care for the family's infant child may receive a
subsidy in lieu of assistance if the family is eligible for or
is receiving assistance under the deleted text beginbasic sliding fee deleted text endnew text beginchild care
assistance
new text endprogram. An eligible family must meet the
eligibility factors under section 119B.09, except as provided in
subdivision 4, and the requirements of this section. Subject to
federal match and maintenance of effort requirements for the
child care and development fund, the commissioner shall
establish a pool of up to three percent of the annual
appropriation for the deleted text beginbasic sliding fee deleted text endnew text beginchild care assistance
new text end program to provide assistance under the at-home infant child
care program and for administrative costs associated with the
program. At the end of a fiscal year, the commissioner may
carry forward any unspent funds under this section to the next
fiscal year within the same biennium for assistance under
the deleted text beginbasic sliding fee deleted text endnew text beginchild care assistance new text endprogram.

Sec. 7.

Minnesota Statutes 2004, section 119B.035,
subdivision 2, is amended to read:


Subd. 2.

Eligible families.

A family with an infant
under the age of one year is eligible for assistance if:

(1) the family is not receiving MFIP, other cash
assistance, or other child care assistance;

(2) the family has not previously received a life-long
total of 12 months of assistance under this section; and

(3) the family is participating in the deleted text beginbasic sliding fee
deleted text endnew text begin child care assistance new text endprogram or provides verification of
participating in an authorized activity at the time of
application and meets the program requirements.

Sec. 8.

Minnesota Statutes 2004, section 119B.035,
subdivision 4, is amended to read:


Subd. 4.

Assistance.

(a) A family is limited to a
lifetime total of 12 months of assistance under subdivision 2.
The maximum rate of assistance is equal to 90 percent of the
rate established under section 119B.13 for care of infants in
licensed family child care in the applicant's county of
residence.

(b) A participating family must report income and other
family changes as specified in the county's plan under section
119B.08, subdivision 3.

(c) Persons who are admitted to the at-home infant child
care program retain their position in any deleted text beginbasic sliding fee
deleted text endnew text begin child care assistance new text endprogram. Persons leaving the at-home
infant child care program reenter the deleted text beginbasic sliding fee deleted text endnew text beginchild
care assistance
new text endprogram at the position they would have occupied.

(d) Assistance under this section does not establish an
employer-employee relationship between any member of the
assisted family and the county or state.

Sec. 9.

Minnesota Statutes 2004, section 119B.035,
subdivision 5, is amended to read:


Subd. 5.

Implementation.

The commissioner shall
implement the at-home infant child care program under this
section through counties that administer the deleted text beginbasic sliding fee
deleted text endnew text begin child care assistance new text endprogram under deleted text beginsection 119B.03 deleted text endnew text beginthis chapternew text end.
The commissioner must develop and distribute consumer
information on the at-home infant child care program to assist
parents of infants or expectant parents in making informed child
care decisions.

Sec. 10.

Minnesota Statutes 2004, section 119B.05,
subdivision 5, is amended to read:


Subd. 5.

Federal reimbursement.

Counties new text beginand the state
new text end shall maximize their federal reimbursement under federal
reimbursement programs for money spent for persons eligible
under this chapter. The commissioner shall allocate any federal
earnings to the county to be used to expand child care services
under this chapter.

Sec. 11.

Minnesota Statutes 2004, section 119B.08, is
amended to read:


119B.08 REPORTING AND PAYMENTS.

Subdivision 1.

Reports.

The commissioner shall specify
requirements for reports under the same authority as provided to
the commissioner of human services in section 256.01,
subdivision 2, paragraph (17).

Subd. 2.

Quarterly payments.

The commissioner may make
payments to each county in quarterly installments. deleted text beginThe
commissioner may certify an advance up to 25 percent of the
allocation.
deleted text endSubsequent payments shall be made on a
reimbursement basis for reported expenditures and may be
adjusted for anticipated spending patterns. Payments may be
withheld if quarterly reports are incomplete or untimely.

Subd. 3.

Child care fund plan.

The county and designated
administering agency shall submit a biennial child care fund
plan to the commissioner. The commissioner shall establish the
dates by which the county must submit the plans. The plan shall
include:

(1) a description of strategies to coordinate and maximize
public and private community resources, including school
districts, health care facilities, government agencies,
neighborhood organizations, and other resources knowledgeable in
early childhood development, in particular to coordinate child
care assistance with existing community-based programs and
service providers including child care resource and referral
programs, early childhood family education, school readiness,
Head Start, local interagency early intervention committees,
special education services, early childhood screening, and other
early childhood care and education services and programs to the
extent possible, to foster collaboration among agencies and
other community-based programs that provide flexible,
family-focused services to families with young children and to
facilitate transition into kindergarten. The county must
describe a method by which to share information, responsibility,
and accountability among service and program providers;

(2) a description of procedures and methods to be used to
make copies of the proposed state plan reasonably available to
the public, including members of the public particularly
interested in child care policies such as parents, child care
providers, culturally specific service organizations, child care
resource and referral programs, interagency early intervention
committees, potential collaborative partners and agencies
involved in the provision of care and education to young
children, and allowing sufficient time for public review and
comment; and

(3) information as requested by the department to ensure
compliance with the child care fund statutes and rules
promulgated by the commissioner.

The commissioner shall notify counties within 90 days of
the date the plan is submitted whether the plan is approved or
the corrections or information needed to approve the plan. The
commissioner shall withhold deleted text begina county's allocation until it has
an approved plan. Plans not approved by the end of the second
quarter after the plan is due may result in a 25 percent
reduction in allocation. Plans not approved by the end of the
third quarter after the plan is due may result in a 100 percent
reduction in the allocation to the county
deleted text endnew text beginpayments to a county
until it has an approved plan
new text end. Counties are to maintain
services despite any deleted text beginreduction in their allocation deleted text endnew text beginwithholding
of payments
new text enddue to plans not being approved.

Subd. 4.

deleted text begintermination of allocation deleted text endnew text beginwithholding or
reduction of funds
new text end.

The commissioner may withholddeleted text begin,deleted text endnew text beginor new text endreducedeleted text begin,
or terminate the allocation of any
deleted text endnew text beginfunds intended to reimburse
counties for child care costs under the child care fund if the
new text end county deleted text beginthat deleted text enddoes not meet the reporting or other requirements of
this program. The deleted text begincommissioner shall reallocate to other
counties money so reduced or terminated
deleted text endnew text beginwithholding or reduction
of funds under this subdivision does not relieve counties of
their requirements under this chapter
new text end.

Sec. 12.

Minnesota Statutes 2004, section 119B.09,
subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements for all
applicants for child care assistance.

(a) Child care services
must be available to families who need child care to find or
keep employment or to obtain the training or education necessary
to find employment new text beginas defined in section 119B.10,new text endand whodeleted text begin:
deleted text end

deleted text begin (1) meet the requirements of section 119B.05; receive MFIP
assistance; and are participating in employment and training
services under chapter 256J or 256K;
deleted text end

deleted text begin (2) have household income below the eligibility levels for
MFIP; or
deleted text end

deleted text begin (3) deleted text endhave household income less than deleted text beginor equal to 175 percent
of the federal poverty guidelines, adjusted for family size, at
program entry and less than
deleted text end250 percent of the federal poverty
guidelines, adjusted for family sizedeleted text begin, at program exitdeleted text end.

(b) Child care services must be made available as in-kind
services.

(c) All applicants for child care assistance and families
currently receiving child care assistance must be assisted and
required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the
family as a condition of program eligibility. For purposes of
this section, a family is considered to meet the requirement for
cooperation when the family complies with the requirements of
section 256.741.

Sec. 13.

Minnesota Statutes 2004, section 119B.09,
subdivision 4a, is amended to read:


Subd. 4a.

Temporary ineligibility of military personnel.

Counties must reserve a family's position under the child care
assistance fund if a family has been receiving child care
assistance but is temporarily ineligible for assistance due to
increased income from active military service. Activated
military personnel may be temporarily ineligible until
deactivation. deleted text beginA county must reserve a military family's
position on the basic sliding fee waiting list under the child
care assistance fund if a family is approved to receive child
care assistance and reaches the top of the waiting list but is
temporarily ineligible for assistance.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 119B.09,
subdivision 7, is amended to read:


Subd. 7.

Date of eligibility for assistance.

(a) The
date of eligibility for child care assistance under this chapter
is the later of the date the application was signed; the
beginning date of employment, education, or training; new text beginor new text endthe
date the infant is born for applicants to the at-home infant
care programdeleted text begin; or the date a determination has been made that the
applicant is a participant in employment and training services
under Minnesota Rules, part 3400.0080, subpart 2a, or chapter
256J
deleted text end.

(b) Payment ceases for a family under the at-home infant
child care program when a family has used a total of 12 months
of assistance as specified under section 119B.035. deleted text beginPayment of
child care assistance for employed persons on MFIP is effective
the date of employment or the date of MFIP eligibility,
whichever is later.
deleted text endPayment of child care assistance for MFIP
or DWP participants in employment and training services is
effective the date of commencement of the services or the date
of MFIP or DWP eligibility, whichever is later. deleted text beginPayment of
child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year
child care.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 119B.10, is
amended to read:


119B.10 EMPLOYMENT OR TRAINING ELIGIBILITY.

Subdivision 1.

Assistance for persons seeking and
retaining employment.

(a) Persons who are seeking employment
and who are eligible for assistance under this deleted text beginsection deleted text endnew text beginchapter
new text end are eligible to receive up to 240 hours of child care assistance
per calendar year.

(b) Employed persons who work at least an average of 20
hours and full-time students who work at least an average of ten
hours a week and receive at least a minimum wage for all hours
worked are eligible for continued child care assistance for
employment. For purposes of this section, work-study programs
must be counted as employment. Child care assistance during
employment must be authorized as provided in paragraphs (c) and
(d).

(c) When the person works for an hourly wage and the hourly
wage is equal to or greater than the applicable minimum wage,
child care assistance shall be provided for the actual hours of
employment, break, and mealtime during the employment and travel
time up to two hours per day.

(d) When the person does not work for an hourly wage, child
care assistance must be provided for the lesser of:

(1) the amount of child care determined by dividing gross
earned income by the applicable minimum wage, up to one hour
every eight hours for meals and break time, plus up to two hours
per day for travel time; or

(2) the amount of child care equal to the actual amount of
child care used during employment, including break and mealtime
during employment, and travel time up to two hours per day.

new text begin Subd. 1a. new text end

new text begin Assistance for persons participating in
employment plan.
new text end

new text begin The following persons are also eligible for
child care assistance:
new text end

new text begin (1) persons who are participating in employment orientation
or job search, or other employment or training activities that
are included in an approved employability development plan under
chapter 256K;
new text end

new text begin (2) persons who are participating in work, job search, job
support, employment, or training activities as required in their
job search support or employment plan or in appeals, hearings,
assessments, or orientations according to chapter 256J;
new text end

new text begin (3) persons who are participating in social services
activities under chapter 256J or 256K as required in their
employment plan approved according to chapter 256J or 256K; and
new text end

new text begin (4) families who are participating in programs as required
in tribal contracts under section 119B.02, subdivision 2, or
256.01, subdivision 2.
new text end

Subd. 2.

Financial eligibility required.

Persons
participating in employment programs, training programs, or
education programs are eligible for continued assistance from
the child care fund, if they are financially eligible under the
sliding fee scale set by the commissioner in section 119B.12.

new text begin Subd. 3. new text end

new text begin Child care assistance during education. new text end

new text begin (a) The
following persons are eligible for child care assistance for
education or training:
new text end

new text begin (1) persons who meet the requirements of section 119B.09
who are enrolled in remedial or basic education or English as a
second language, or persons up to the age of 19 who are enrolled
in an educational program to attain a high school diploma or
general equivalency diploma;
new text end

new text begin (2) persons who meet the requirements of this section and
section 119B.09 who receive child care assistance to reduce the
costs of child care for education when employed an average of at
least ten hours per week under subdivision 1, and are not
receiving MFIP benefits as defined in section 119B.011,
subdivision 17; and
new text end

new text begin (3) persons who meet the requirements of this section and
section 119B.09 who receive child care assistance to reduce the
costs of child care for education when enrolled in a
postsecondary educational institution as a full-time
undergraduate student, and are not receiving MFIP benefits as
defined in section 119B.011, subdivision 17.
new text end

new text begin (b) Notwithstanding subdivisions 5 and 6, assistance for
persons under paragraph (a), clause (3), is limited to 48 months
or the length of time necessary to complete the degree,
whichever is shorter.
new text end

new text begin Subd. 4. new text end

new text begin Satisfactory progress. new text end

new text begin Students enrolled in an
education program under section 119B.011, subdivision 11, must
be making satisfactory progress toward completion of the program
as stipulated in the school's satisfactory progress policy.
new text end

new text begin Subd. 5. new text end

new text begin Limiting duration of training. new text end

new text begin Counties may not
limit the duration of child care subsidies for a person in an
employment or educational program except when the person is
found to be ineligible under the child care fund eligibility
standards. Any limitation must be based on a person's
employment plan in the case of an MFIP participant.
new text end

new text begin Subd. 6. new text end

new text begin Maximum length of time for training. new text end

new text begin The
maximum length of time a participant is eligible for child care
assistance under the child care fund for education and training
is no more than the maximum time allowed to complete the credit
requirements for an associate or baccalaureate degree as
stipulated in the school's satisfactory progress policy. This
length of time excludes basic or remedial education programs,
English as a second language, high school, and general
equivalency diploma programs needed to prepare for postsecondary
education or employment.
new text end

new text begin Subd. 7. new text end

new text begin Mfip student moves to another county. new text end

new text begin If an
MFIP participant who is receiving child care assistance under
this chapter moves to another county, continues to participate
in educational or training programs authorized in the MFIP
participant's employment plans, and continues to be eligible for
child care assistance under this chapter, the MFIP participant
must receive continued child care assistance from the county
responsible for the MFIP participant's current employment plan
under section 256G.07.
new text end

Sec. 16.

Minnesota Statutes 2004, section 119B.11,
subdivision 1, is amended to read:


Subdivision 1.

County contributions required.

(a) In
addition to payments from deleted text beginbasic sliding fee deleted text endchild care
new text begin assistance new text endprogram participants, each county shall contribute
from county tax or other sources a fixed local match equal to
its calendar year 1996 required county contribution reduced by
the administrative funding loss that would have occurred in
state fiscal year 1996 under section 119B.15. The commissioner
shall recover funds from the county as necessary to bring county
expenditures into compliance with this subdivision. The
commissioner may accept county contributions, including
contributions above the fixed local match, in order to make
state payments.

(b) The commissioner may accept payments from counties to:

(1) fulfill the county contribution as required under
subdivision 1;

(2) pay for services authorized under this chapter beyond
those paid for with federal or state funds or with the required
county contributions; or

(3) pay for child care services in addition to those
authorized under this chapter, as authorized under other
federal, state, or local statutes or regulations.

(c) The county payments must be deposited in an account in
the special revenue fund. Money in this account is appropriated
to the commissioner for child care assistance under this chapter
and other applicable statutes and regulations and is in addition
to other state and federal appropriations.

Sec. 17.

Minnesota Statutes 2004, section 119B.12,
subdivision 2, is amended to read:


Subd. 2.

Parent fee.

A family must be assessed a parent
fee for each service period. A family's parent fee must be a
fixed percentage of its annual gross income. Parent fees must
apply to families eligible for child care assistance under
deleted text begin sections 119B.03 and 119B.05 deleted text endnew text beginsection 119B.09new text end. Income must be as
defined in section 119B.011, subdivision 15. The fixed percent
is based on the relationship of the family's annual gross income
to 100 percent of the annual federal poverty guidelines. Parent
fees must begin at 75 percent of the poverty level. The minimum
parent fees for families between 75 percent and 100 percent of
poverty level must be $10 per month. Parent fees must provide
for graduated movement to full payment.

Sec. 18.

Minnesota Statutes 2004, section 119B.13, is
amended by adding a subdivision to read:


new text begin Subd. 7. new text end

new text begin Qualified early care and learning provider
bonus.
new text end

new text begin (a) A family child care provider or child care center
shall be paid a 20 percent bonus above the maximum rate
established under subdivision 1, if the provider or center
provides qualified early care and learning, up to the actual
provider or center rate. No less than 60 percent of a bonus
paid to a provider or center must be distributed to staff in the
form of increased wages. The commissioner shall implement a
system to verify that no less than 60 percent of a bonus paid to
a provider or center has been used to increase staff wages.
new text end

new text begin (b) For the purposes of this section, "qualified early care
and learning provider" means a family child care provider or
child care center that:
new text end

new text begin (1) is licensed under section 245A.03;
new text end

new text begin (2) meets state-specific performance criteria above the
minimum licensing requirements that include benchmarks for adult
and child relationships and interactions, the use of
developmentally, culturally, and linguistically appropriate and
effective teaching curriculum that enhances each child's
learning and development, periodic self-assessment, teaching
staff qualifications and professional development, family
involvement and parent instruction, staff stability, and proper
personnel, fiscal, and program management; and
new text end

new text begin (3) is a center that provides legal child care services as
defined under section 245A.03 and is accredited by the National
Association for the Education of Young Children, the Council on
Accreditation, the National Early Childhood Program
Accreditation, the National School-Age Care Association, or the
National Head Start Association Program of Excellence; or
new text end

new text begin (4) is an individual who provides legal child care services
as defined under section 245A.03 who has earned a child
development associate degree, a diploma in child development
from a Minnesota state technical college, or a bachelor's degree
in early childhood education from an accredited college or
university, or who is accredited by the National Association for
Family Child Care, or the Competency Based Training and
Assessment Program.
new text end

new text begin (c) The commissioner shall create the state-specific
performance criteria under paragraph (b), clause (2), and report
to the house and senate committees with jurisdiction over child
care assistance by February 1, 2006. The curricular standards
must be in accordance with any state prekindergarten readiness
standards.
new text end

Sec. 19.

Minnesota Statutes 2004, section 119B.13, is
amended by adding a subdivision to read:


new text begin Subd. 8. new text end

new text begin Tiered reimbursement. new text end

new text begin The commissioner may
establish additional tiers of child care assistance
reimbursement based on multiple levels of quality and licensure.
new text end

Sec. 20.

Minnesota Statutes 2004, section 119B.15, is
amended to read:


119B.15 ADMINISTRATIVE EXPENSES.

The commissioner shall use up to 1/21 of the state and
federal funds available for the deleted text beginbasic sliding fee program and
1/21 of the state and federal funds available for the MFIP
deleted text endchild
care new text beginassistance new text endprogram for deleted text beginpayments to counties for
administrative expenses
deleted text endnew text beginthe administrative costs of the delivery
of direct services
new text end.

Sec. 21.

Minnesota Statutes 2004, section 119B.24, is
amended to read:


119B.24 DUTIES OF COMMISSIONER.

In addition to the powers and duties already conferred by
law, the commissioner of human services shall:

(1) administer the child care funddeleted text begin, including the basic
sliding fee program
deleted text endauthorized under sections 119B.011 to
119B.16;

(2) monitor the child care resource and referral programs
established under section 119B.19; and

(3) encourage child care providers to participate in a
nationally recognized accreditation system for early childhood
and school-age care programs. Subject to approval by the
commissioner, family child care providers and early childhood
and school-age care programs shall be reimbursed for one-half of
the direct cost of accreditation fees, upon successful
completion of accreditation.

Sec. 22. new text beginDIRECTION TO COMMISSIONER OF FINANCE.
new text end

new text begin The state obligation for the child care assistance program
under Minnesota Statutes, chapter 119B, must be included in the
Department of Finance February and November forecast of state
revenues and expenditures under Minnesota Statutes, section
16A.103, beginning with the November 2005 forecast.
new text end

Sec. 23. new text beginAPPROPRIATION.
new text end

new text begin (a) The sums indicated in this section are appropriated
from the general fund to the commissioner of human services for
the purpose of providing grants to legal, unlicensed child care
providers to aid them in becoming licensed under Minnesota
Statutes, section 245A.03:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin ....
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin ....
new text end

new text begin (b) For each year, 85 percent of the appropriation must be
distributed to counties to provide grants to legal unlicensed
child care providers to aid them in becoming licensed under
Minnesota Statutes, section 245A.03. The remaining 15 percent
of the appropriation in each year must be distributed to the
commissioner to aid legal unlicensed child care providers in
geographic areas of the state where insufficient child care
resources exist to become licensed under Minnesota Rules,
chapter 9502.
new text end

Sec. 24. new text beginREVISOR INSTRUCTION.
new text end

new text begin In the next bound edition of Minnesota Statutes and
Minnesota Rules, the revisor shall renumber the statutory
section in column A with the section in column B, and make
necessary cross-reference changes consistent with the
renumbering:
new text end

new text begin Column A new text end new text begin Column B
new text end

new text begin 119B.035 new text end new text begin 119B.105
new text end

new text begin 119B.05, subd. 4 new text end new text begin 119B.03, subd. 11
new text end

new text begin 119B.05, subd. 5 new text end new text begin 119B.03, subd. 13
new text end

Sec. 25. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 119B.011, subdivisions 20
and 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, and 8;
119B.05, subdivision 1; 119B.07; 119B.09, subdivision 3; and
119B.11, subdivision 4, are repealed.
new text end