5th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; family and early childhood 1.3 education; providing for children and family support 1.4 programs, community and systems change, prevention and 1.5 intervention, self-sufficiency and lifelong learning, 1.6 and resources and referral programs; appropriating 1.7 money; amending Minnesota Statutes 1998, sections 1.8 13.46, subdivision 2; 16B.405, subdivision 2; 119A.45; 1.9 119B.01, subdivisions 1, 2, 10, 12, 12a, 13, 16, 17, 1.10 and by adding subdivisions; 119B.02, subdivision 1, 1.11 and by adding subdivisions; 119B.03, subdivisions 1, 1.12 2, 3, 4, 6, and 9; 119B.04, subdivision 1; 119B.05, 1.13 subdivision 1; 119B.06, subdivision 1; 119B.061; 1.14 119B.07; 119B.08, subdivision 3; 119B.09, subdivisions 1.15 1, 3, and 7; 119B.10, subdivision 1; 119B.11, 1.16 subdivision 2a; 119B.12, subdivision 2; 119B.13; 1.17 119B.14; 119B.15; 119B.18, subdivision 3; 119B.19, 1.18 subdivision 1, and by adding subdivisions; 119B.20, 1.19 subdivisions 7, 8, 12, and by adding a subdivision; 1.20 119B.21, subdivisions 1, 2, 3, 5, 8, 9, 10, and 11; 1.21 119B.23, subdivision 1; 119B.24; 119B.25, subdivision 1.22 3; 121A.19; 122A.26, by adding a subdivision; 124D.13, 1.23 subdivision 6; 124D.135, subdivisions 1 and 3; 1.24 124D.19, subdivision 11; 124D.20, subdivision 5; 1.25 124D.22; 124D.23, by adding a subdivision; 124D.33, 1.26 subdivisions 3 and 4; 124D.52, by adding subdivisions; 1.27 124D.53, subdivision 3, and by adding a subdivision; 1.28 124D.54, subdivision 1; 125A.35, subdivision 5; 1.29 171.29, subdivision 2; 256.01, subdivision 4; 256.045, 1.30 subdivisions 6, 7, and by adding a subdivision; 1.31 256.046, subdivision 1; 256.741, subdivision 4; 1.32 256.98, subdivisions 1, 7, and 8; 256.983, 1.33 subdivisions 3 and 4; and 466.01, subdivision 1; Laws 1.34 1997, chapter 162, article 2, section 28, subdivision 1.35 6; Laws 1997, First Special Session chapter 4, article 1.36 1, section 61, subdivisions 2 and 3, as amended; Laws 1.37 1998, First Special Session chapter 1, article 1, 1.38 sections 10, 11, and 12; proposing coding for new law 1.39 in Minnesota Statutes, chapters 119B; and 124D; 1.40 repealing Minnesota Statutes 1998, sections 119B.01, 1.41 subdivision 15; 119B.03, subdivision 7; 119B.05, 1.42 subdivisions 6 and 7; 119B.075; 119B.17; 119B.18, 1.43 subdivisions 1 and 2; 119B.19, subdivisions 3, 4, and 1.44 5; 119B.20, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, and 1.45 11; 119B.21, subdivisions 4, 6, and 12; 119B.22; 1.46 124D.14; and 124D.53, subdivision 6. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 CHILDREN AND FAMILY SUPPORT PROGRAMS 2.4 Section 1. Minnesota Statutes 1998, section 13.46, 2.5 subdivision 2, is amended to read: 2.6 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 2.7 a statute specifically provides a different classification, data 2.8 on individuals collected, maintained, used, or disseminated by 2.9 the welfare system is private data on individuals, and shall not 2.10 be disclosed except: 2.11 (1) according to section 13.05; 2.12 (2) according to court order; 2.13 (3) according to a statute specifically authorizing access 2.14 to the private data; 2.15 (4) to an agent of the welfare system, including a law 2.16 enforcement person, attorney, or investigator acting for it in 2.17 the investigation or prosecution of a criminal or civil 2.18 proceeding relating to the administration of a program; 2.19 (5) to personnel of the welfare system who require the data 2.20 to determine eligibility, amount of assistance, and the need to 2.21 provide services of additional programs to the individual; 2.22 (6) to administer federal funds or programs; 2.23 (7) between personnel of the welfare system working in the 2.24 same program; 2.25 (8) the amounts of cash public assistance and relief paid 2.26 to welfare recipients in this state, including their names, 2.27 social security numbers, income, addresses, and other data as 2.28 required, upon request by the department of revenue to 2.29 administer the property tax refund law, supplemental housing 2.30 allowance, early refund of refundable tax credits, and the 2.31 income tax. "Refundable tax credits" means the dependent care 2.32 credit under section 290.067, the Minnesota working family 2.33 credit under section 290.0671, the property tax refund under 2.34 section 290A.04, and, if the required federal waiver or waivers 2.35 are granted, the federal earned income tax credit under section 2.36 32 of the Internal Revenue Code; 3.1 (9) between the department of human services, the 3.2 department of children, families, and learning, and the 3.3
Minnesotadepartment of economic security for the purpose of 3.4 monitoring the eligibility of the data subject for reemployment 3.5 insurance, for any employment or training program administered, 3.6 supervised, or certified by that agency, for the purpose of 3.7 administering any rehabilitation program or child care 3.8 assistance program, whether alone or in conjunction with the 3.9 welfare system, or to monitor and evaluate the statewide3.10 Minnesota family investment program by exchanging data on 3.11 recipients and former recipients of food stamps, cash assistance 3.12 under chapter 256, 256D, 256J, or 256K, child care assistance 3.13 under chapter 119B, or medical programs under chapter 256B, 3.14 256D, or 256L; 3.15 (10) to appropriate parties in connection with an emergency 3.16 if knowledge of the information is necessary to protect the 3.17 health or safety of the individual or other individuals or 3.18 persons; 3.19 (11) data maintained by residential programs as defined in 3.20 section 245A.02 may be disclosed to the protection and advocacy 3.21 system established in this state according to Part C of Public 3.22 Law Number 98-527 to protect the legal and human rights of 3.23 persons with mental retardation or other related conditions who 3.24 live in residential facilities for these persons if the 3.25 protection and advocacy system receives a complaint by or on 3.26 behalf of that person and the person does not have a legal 3.27 guardian or the state or a designee of the state is the legal 3.28 guardian of the person; 3.29 (12) to the county medical examiner or the county coroner 3.30 for identifying or locating relatives or friends of a deceased 3.31 person; 3.32 (13) data on a child support obligor who makes payments to 3.33 the public agency may be disclosed to the higher education 3.34 services office to the extent necessary to determine eligibility 3.35 under section 136A.121, subdivision 2, clause (5); 3.36 (14) participant social security numbers and names 4.1 collected by the telephone assistance program may be disclosed 4.2 to the department of revenue to conduct an electronic data match 4.3 with the property tax refund database to determine eligibility 4.4 under section 237.70, subdivision 4a; 4.5 (15) the current address of a recipient of aid to families4.6 with dependent children orMinnesota family investment 4.7 program-statewideprogram participant may be disclosed to law 4.8 enforcement officers who provide the name of the recipient4.9 participant and notify the agency that: 4.10 (i) the recipientparticipant: 4.11 (A) is a fugitive felon fleeing to avoid prosecution, or 4.12 custody or confinement after conviction, for a crime or attempt 4.13 to commit a crime that is a felony under the laws of the 4.14 jurisdiction from which the individual is fleeing; or 4.15 (B) is violating a condition of probation or parole imposed 4.16 under state or federal law; 4.17 (ii) the location or apprehension of the felon is within 4.18 the law enforcement officer's official duties; and 4.19 (iii) the request is made in writing and in the proper 4.20 exercise of those duties; 4.21 (16) the current address of a recipient of general 4.22 assistance or general assistance medical care may be disclosed 4.23 to probation officers and corrections agents who are supervising 4.24 the recipient and to law enforcement officers who are 4.25 investigating the recipient in connection with a felony level 4.26 offense; 4.27 (17) information obtained from food stamp applicant or 4.28 recipient households may be disclosed to local, state, or 4.29 federal law enforcement officials, upon their written request, 4.30 for the purpose of investigating an alleged violation of the 4.31 Food Stamp Act, according to Code of Federal Regulations, title 4.32 7, section 272.1(c); 4.33 (18) the address, social security number, and, if 4.34 available, photograph of any member of a household receiving 4.35 food stamps shall be made available, on request, to a local, 4.36 state, or federal law enforcement officer if the officer 5.1 furnishes the agency with the name of the member and notifies 5.2 the agency that: 5.3 (i) the member: 5.4 (A) is fleeing to avoid prosecution, or custody or 5.5 confinement after conviction, for a crime or attempt to commit a 5.6 crime that is a felony in the jurisdiction the member is 5.7 fleeing; 5.8 (B) is violating a condition of probation or parole imposed 5.9 under state or federal law; or 5.10 (C) has information that is necessary for the officer to 5.11 conduct an official duty related to conduct described in subitem 5.12 (A) or (B); 5.13 (ii) locating or apprehending the member is within the 5.14 officer's official duties; and 5.15 (iii) the request is made in writing and in the proper 5.16 exercise of the officer's official duty; 5.17 (19) certain information regarding child support obligors 5.18 who are in arrears may be made public according to section 5.19 518.575; 5.20 (20) data on child support payments made by a child support 5.21 obligor and data on the distribution of those payments excluding 5.22 identifying information on obligees may be disclosed to all 5.23 obligees to whom the obligor owes support, and data on the 5.24 enforcement actions undertaken by the public authority, the 5.25 status of those actions, and data on the income of the obligor 5.26 or obligee may be disclosed to the other party; 5.27 (21) data in the work reporting system may be disclosed 5.28 under section 256.998, subdivision 7; 5.29 (22) to the department of children, families, and learning 5.30 for the purpose of matching department of children, families, 5.31 and learning student data with public assistance data to 5.32 determine students eligible for free and reduced price meals, 5.33 meal supplements, and free milk according to United States Code, 5.34 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 5.35 produce accurate numbers of students receiving aid to families5.36 with dependent children orMinnesota family investment 6.1 program-statewideprogram assistance as required by section 6.2 126C.06; to allocate federal and state funds that are 6.3 distributed based on income of the student's family; and to 6.4 verify receipt of energy assistance for the telephone assistance 6.5 plan; 6.6 (23) the current address and telephone number of program 6.7 recipients and emergency contacts may be released to the 6.8 commissioner of health or a local board of health as defined in 6.9 section 145A.02, subdivision 2, when the commissioner or local 6.10 board of health has reason to believe that a program recipient 6.11 is a disease case, carrier, suspect case, or at risk of illness, 6.12 and the data are necessary to locate the person; 6.13 (24) to other state agencies, statewide systems, and 6.14 political subdivisions of this state, including the attorney 6.15 general, and agencies of other states, interstate information 6.16 networks, federal agencies, and other entities as required by 6.17 federal regulation or law for the administration of the child 6.18 support enforcement program; 6.19 (25) to personnel of public assistance programs as defined 6.20 in section 256.741, for access to the child support system 6.21 database for the purpose of administration, including monitoring 6.22 and evaluation of those public assistance programs; or 6.23 (26) to monitor and evaluate the statewideMinnesota family 6.24 investment program by exchanging data between the departments of 6.25 human services and children, families, and learning, on 6.26 recipients and former recipients of food stamps, cash assistance 6.27 under chapter 256, 256D, 256J, or 256K, child care assistance 6.28 under chapter 119B, or medical programs under chapter 256B, 6.29 256D, or 256L. 6.30 (b) Information on persons who have been treated for drug 6.31 or alcohol abuse may only be disclosed according to the 6.32 requirements of Code of Federal Regulations, title 42, sections 6.33 2.1 to 2.67. 6.34 (c) Data provided to law enforcement agencies under 6.35 paragraph (a), clause (15), (16), (17), or (18), or paragraph 6.36 (b), are investigative data and are confidential or protected 7.1 nonpublic while the investigation is active. The data are 7.2 private after the investigation becomes inactive under section 7.3 13.82, subdivision 5, paragraph (a) or (b). 7.4 (d) Mental health data shall be treated as provided in 7.5 subdivisions 7, 8, and 9, but is not subject to the access 7.6 provisions of subdivision 10, paragraph (b). 7.7 Sec. 2. Minnesota Statutes 1998, section 119A.45, is 7.8 amended to read: 7.9 119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 7.10 FACILITIES.] 7.11 The commissioner may make grants to state agencies and 7.12 political subdivisions to construct or rehabilitate facilities 7.13 for Head Start, early childhood and family education programs,7.14 other early childhood intervention programs, or demonstration7.15 family service centers housing multiagency collaborativesearly 7.16 childhood programs, with priority to centers in counties or 7.17 municipalities with the highest number of children living in 7.18 poverty. The commissioner may also make grants to state 7.19 agencies and political subdivisions to construct or rehabilitate 7.20 facilities for crisis nurseries or child visitation centers. 7.21 The facilities must be owned by the state or a political 7.22 subdivision, but may be leased under section 16A.695 to 7.23 organizations that operate the programs. The commissioner must 7.24 prescribe the terms and conditions of the leases. A grant for 7.25 an individual facility must not exceed $200,000 for each program 7.26 that is housed in the facility, up to a maximum of $500,000 for 7.27 a facility that houses three programs or more. Programs include 7.28 Head Start, early childhood and family education programs, and 7.29 other early childhood intervention programs. The commissioner 7.30 must give priority to grants that involve collaboration among 7.31 sponsors of programs under this section. At least 25 percent of 7.32 the amounts appropriated for these grants must be used in 7.33 conjunction with the youth employment and training programs 7.34 operated by the commissioner of economic security. Eligible 7.35 programs must consult with appropriate labor organizations to 7.36 deliver education and training. 8.1 Sec. 3. Minnesota Statutes 1998, section 119B.01, 8.2 subdivision 2, is amended to read: 8.3 Subd. 2. [APPLICANT.] "Child care fund applicants" means 8.4 all parents, stepparents, legal guardians, or eligible 8.5 relative caretakerscaregivers who are members of the family and 8.6 reside in the household that applies for child care assistance 8.7 under the child care fund. 8.8 Sec. 4. Minnesota Statutes 1998, section 119B.01, is 8.9 amended by adding a subdivision to read: 8.10 Subd. 2a. [APPLICATION.] "Application" means the 8.11 submission to a county agency, by or on behalf of a family, of a 8.12 completed, signed, and dated child care assistance universal 8.13 application form that indicates the family's desire to receive 8.14 assistance. 8.15 Sec. 5. Minnesota Statutes 1998, section 119B.01, 8.16 subdivision 10, is amended to read: 8.17 Subd. 10. [FAMILY.] "Family" means parents, stepparents, 8.18 guardians and their spouses, or other eligible 8.19 relative caretakerscaregivers and their spouses, and their 8.20 blood related dependent children and adoptive siblings under the 8.21 age of 18 years living in the same home including children 8.22 temporarily absent from the household in settings such as 8.23 schools, foster care, and residential treatment facilities or 8.24 parents, stepparents, guardians and their spouses, or other 8.25 relative caregivers and their spouses temporarily absent from 8.26 the household in settings such as schools, military service, or 8.27 rehabilitation programs. When a minor parent or parents and 8.28 his, her, or their child or children are living with other 8.29 relatives, and the minor parent or parents apply for a child 8.30 care subsidy, "family" means only the minor parent or parents 8.31 and thetheir child or children. An adult may be considered a8.32 dependent member of the family unit if 50 percent of the adult's8.33 support is being provided by the parents, stepparents, guardians8.34 and their spouses, or eligible relative caretakers and their8.35 spouses, residing in the same household.An adult age 18 or 8.36 older who meets this definition of family and is a full-time 9.1 high school or post-secondary student and can reasonably be9.2 expected to graduate before age 19may be considered a dependent 9.3 member of the family unit if 50 percent or more of the adult's 9.4 support is provided by the parents, stepparents, guardians, and 9.5 their spouses or eligible relative caregivers and their spouses 9.6 residing in the same household. 9.7 Sec. 6. Minnesota Statutes 1998, section 119B.01, 9.8 subdivision 12, is amended to read: 9.9 Subd. 12. [INCOME.] "Income" means earned or unearned 9.10 income received by all family members, including public 9.11 assistance cash benefits and at-home infant care subsidy 9.12 payments, unless specifically excluded. The following are 9.13 excluded from income: funds used to pay for health insurance 9.14 premiums for family members, Supplemental Security Income, 9.15 scholarships, work-study income, and grants that cover costs or 9.16 reimbursement for tuition, fees, books, and educational 9.17 supplies; student loans for tuition, fees, books, supplies, and 9.18 living expenses; state and federal earned income tax credits; 9.19 in-kind income such as food stamps, energy assistance, foster 9.20 care assistance, medical assistance, child care assistance, and 9.21 housing subsidies; earned income of full or part-time secondary9.22 schoolstudents up to the age of 19, who have not earned a high 9.23 school diploma or GED high school equivalency diploma 9.24 including earnings from summer employment; grant awards under 9.25 the family subsidy program; nonrecurring lump sum income only to 9.26 the extent that it is earmarked and used for the purpose for 9.27 which it is paid; and any income assigned to the public 9.28 authority according to section 256.74 or 256.741 , if enacted. 9.29 Sec. 7. Minnesota Statutes 1998, section 119B.01, 9.30 subdivision 12a, is amended to read: 9.31 Subd. 12a. [ MFIP-SMFIP.] "MFIP-S""MFIP" means the 9.32 Minnesota family investment program-statewideprogram, the 9.33 state's TANF program under Public Law Number 104-193, Title I, 9.34 and includes the MFIP program under chapter 256J, the work first 9.35 program under chapter 256K, and tribal contracts under section 9.36 119B.02, subdivision 2, or 256.01, subdivision 2. 10.1 Sec. 8. Minnesota Statutes 1998, section 119B.01, 10.2 subdivision 13, is amended to read: 10.3 Subd. 13. [PROVIDER.] "Provider" means a child care 10.4 license holder who operates a family daychild care home, a 10.5 group family daychild care home, a daychild care center, a 10.6 nursery school, a day nursery, an extended daya school age 10.7 childcare program; a legal nonlicensed extended day10.8 license-exempt school age childcare program which operates10.9 operating under the auspices of a local school board or a park 10.10 or recreation board of a city of the first class that has 10.11 adopted school age childcare standardsguidelines which meet or 10.12 exceed standardsguidelines recommended by the statedepartment 10.13 of children, families, and learning, or a legalnonlicensed 10.14 caregiverregistered provider who is at least 18 years of age, 10.15 and who is not a member of the AFDCMFIP assistance unit or a 10.16 member of the family receiving child care assistance under this 10.17 chapter. 10.18 Sec. 9. Minnesota Statutes 1998, section 119B.01, 10.19 subdivision 16, is amended to read: 10.20 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 10.21 families" means families who have received AFDCMFIP assistance, 10.22 or who were eligible to receive AFDCMFIP assistance after 10.23 choosing to discontinue receipt of the cash portion of MFIP-S10.24 MFIP assistance under section 256J.31, subdivision 12, for at 10.25 least three of the last six months before losing eligibility for 10.26 AFDCMFIP due to increased hours of employment, orincreased 10.27 income from employment or child or spousal support or families 10.28 participating in work first under chapter 256K who meet the 10.29 requirements of section 256K.07. Transition year child care may 10.30 be used to support employment or job search. 10.31 Sec. 10. Minnesota Statutes 1998, section 119B.01, 10.32 subdivision 17, is amended to read: 10.33 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 10.34 program under this chapter providing: 10.35 (1) financial assistance for child care to parents engaged 10.36 in employment or the short-term provision of at-home infant care11.1 for their own child, job search, or education and training 11.2 leading to employment, or an at-home infant care subsidy; and 11.3 (2) grants to develop, expand, and improve the access and 11.4 availability of child care services statewide. 11.5 Sec. 11. Minnesota Statutes 1998, section 119B.02, 11.6 subdivision 1, is amended to read: 11.7 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 11.8 shall develop standards for county and human services boards to 11.9 provide child care services to enable eligible families to 11.10 participate in employment, training, or education programs. 11.11 Within the limits of available appropriations, the commissioner 11.12 shall distribute money to counties to reduce the costs of child 11.13 care for eligible families. The commissioner shall adopt rules 11.14 to govern the program in accordance with this section. The 11.15 rules must establish a sliding schedule of fees for parents 11.16 receiving child care services. The rules shall provide that 11.17 funds received as a lump sum payment of child support arrearages 11.18 shall not be counted as income to a family in the month received 11.19 but shall be prorated over the 12 months following receipt and 11.20 added to the family income during those months. In the rules 11.21 adopted under this section, county and human services boards 11.22 shall be authorized to establish policies for payment of child 11.23 care spaces for absent children, when the payment is required by 11.24 the child's regular provider. The rules shall not set a maximum 11.25 number of days for which absence payments can be made, but 11.26 instead shall direct the county agency to set limits and pay for 11.27 absences according to the prevailing market practice in the 11.28 county. County policies for payment of absences shall be 11.29 subject to the approval of the commissioner. The commissioner 11.30 shall maximize the use of federal money in section 256.736under 11.31 Public Law Number 104-193, titles I and VI, and other programs 11.32 that provide federal or state reimbursement for child care 11.33 services for low-income families who are in education, training, 11.34 job search, or other activities allowed under those programs. 11.35 Money appropriated under this section must be coordinated with 11.36 the programs that provide federal reimbursement for child care 12.1 services to accomplish this purpose. The commissioner shall 12.2 allocate federal reimbursement obtained must be allocated to the12.3 countyto counties that spent money for child care that is12.4 federally reimbursable under programs that provide federal12.5 reimbursement forfederally reimbursable child care services. 12.6 The counties shall use the federal money to expand child care 12.7 services. The commissioner may adopt rules under chapter 14 to 12.8 implement and coordinate federal program requirements. 12.9 Sec. 12. Minnesota Statutes 1998, section 119B.02, is 12.10 amended by adding a subdivision to read: 12.11 Subd. 3. [SUPERVISION OF COUNTIES.] The commissioner shall 12.12 supervise child care programs administered by the counties 12.13 through standard-setting, technical assistance to the counties, 12.14 approval of county child care fund plans, and distribution of 12.15 public money for services. The commissioner shall provide 12.16 training and other support services to assist counties in 12.17 planning for and implementing child care assistance programs. 12.18 The commissioner shall adopt rules under chapter 14 that 12.19 establish minimum administrative standards for the provision of 12.20 child care services by county boards of commissioners. 12.21 Sec. 13. Minnesota Statutes 1998, section 119B.02, is 12.22 amended by adding a subdivision to read: 12.23 Subd. 4. [UNIVERSAL APPLICATION FORM.] The commissioner 12.24 must develop and make available to all counties a universal 12.25 application form for child care assistance under this chapter. 12.26 The application must provide notice of eligibility requirements 12.27 for assistance and penalties for wrongfully obtaining assistance. 12.28 Sec. 14. Minnesota Statutes 1998, section 119B.02, is 12.29 amended by adding a subdivision to read: 12.30 Subd. 5. [PROGRAM INTEGRITY.] For child care assistance 12.31 programs under this chapter, the commissioner shall enforce, in 12.32 cooperation with the commissioner of human services, the 12.33 requirements for program integrity and fraud prevention 12.34 investigations under sections 256.046, 256.98, and 256.983. 12.35 Sec. 15. Minnesota Statutes 1998, section 119B.03, 12.36 subdivision 1, is amended to read: 13.1 Subdivision 1. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] 13.2 When the commissioner notifies county and human service boards 13.3 of the forms and instructions they are to follow in the 13.4 development of their biennial community social serviceschild 13.5 care fund plans required under section 256E.08119B.08, 13.6 subdivision 3, the commissioner shall also notify county and 13.7 human services boards of their estimated child care fund program 13.8 allocation for the two years covered by the plan. By October 1 13.9 of each year, the commissioner shall notify all counties of 13.10 their final child care fund program allocation. 13.11 Sec. 16. Minnesota Statutes 1998, section 119B.03, 13.12 subdivision 2, is amended to read: 13.13 Subd. 2. [WAITING LIST.] Each county that receives funds 13.14 under this section must keep a written record and report to the 13.15 commissioner the number of eligible families who have applied 13.16 for a child care subsidy or have requested child care 13.17 assistance. Counties shall perform a cursorypreliminary 13.18 determination of eligibility when a family requests information13.19 aboutchild care assistance. At a minimum, a county must make a 13.20 preliminary determination of eligibility based on family size, 13.21 income, and authorized activity. A family seeking child care 13.22 assistance must provide the required information to the county. 13.23 A family that appears to be eligible must be put on a waiting 13.24 list if funds are not immediately available. The waiting list 13.25 must identify students in need of child care. When money is13.26 available counties shall expedite the processing of student13.27 applications during key enrollment periods.Counties must 13.28 review and update their waiting list at least every six months. 13.29 Sec. 17. Minnesota Statutes 1998, section 119B.03, 13.30 subdivision 3, is amended to read: 13.31 Subd. 3. [ELIGIBLE RECIPIENTSPARTICIPANTS.] Families that 13.32 meet the eligibility requirements under sections 119B.07, 13.33 119B.09, and 119B.10, except AFDC recipients,MFIP recipients13.34 participants, work first participants, and transition year 13.35 families , and 119B.10are eligible for child care assistance 13.36 under the basic sliding fee program. Families enrolled in the 14.1 basic sliding fee program shall be continued until they are no 14.2 longer eligible. Child care assistance provided through the 14.3 child care fund is considered assistance to the parent. 14.4 Sec. 18. Minnesota Statutes 1998, section 119B.03, 14.5 subdivision 4, is amended to read: 14.6 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 14.7 care assistance under the basic sliding fee program must be 14.8 given to eligible non-AFDCnon-MFIP families who do not have a 14.9 high school or general equivalency diploma or who need remedial 14.10 and basic skill courses in order to pursue employment or to 14.11 pursue education leading to employment. Within this priority, 14.12 the following subpriorities must be used: 14.13 (1) child care needs of minor parents; 14.14 (2) child care needs of parents under 21 years of age; and 14.15 (3) child care needs of other parents within the priority 14.16 group described in this paragraph. 14.17 (b) Second priority must be given to parents who have 14.18 completed their AFDCMFIP or work first transition year. 14.19 (c) Third priority must be given to families who are 14.20 eligible for portable basic sliding fee assistance through the 14.21 portability pool under subdivision 9. 14.22 Sec. 19. Minnesota Statutes 1998, section 119B.03, 14.23 subdivision 6, is amended to read: 14.24 Subd. 6. [ALLOCATION FORMULA.] Beginning January 1, 1996,14.25 except as provided in subdivision 7,The basic sliding fee state 14.26 and federal funds shall be allocated on a calendar year basis. 14.27 Funds shall be allocated first in amounts equal to each county's 14.28 guaranteed floor according to subdivision 8, with any remaining 14.29 available funds allocated according to the following formula: 14.30 (a) One-thirdOne-fourth of the funds shall be allocated in 14.31 proportion to each county's total expenditures for the basic 14.32 sliding fee child care program reported during the most 14.33 recent calendarfiscal year completed at the time of the notice 14.34 of allocation. 14.35 (b) One-thirdOne-fourth of the funds shall be allocated 14.36 based on the number of children under age 13 in each county who15.1 are enrolled in general assistance medical care, medical15.2 assistance, and MinnesotaCare on December 31 of the most recent15.3 calendar yearfamilies participating in the transition year 15.4 child care program as reported during the most recent quarter 15.5 completed at the time of the notice of allocation. 15.6 (c) One-thirdOne-fourth of the funds shall be allocated 15.7 based on the number of children under age 13 who reside in each15.8 county, from the most recent estimates of the state15.9 demographerin proportion to each county's most recently 15.10 reported first, second, and third priority waiting list as 15.11 defined in subdivision 2. 15.12 (d) One-fourth of the funds must be allocated in proportion 15.13 to each county's most recently reported waiting list as defined 15.14 in subdivision 2. 15.15 Sec. 20. Minnesota Statutes 1998, section 119B.03, 15.16 subdivision 9, is amended to read: 15.17 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 15.18 establish a pool of up to five percent of the annual 15.19 appropriation for the basic sliding fee program to provide 15.20 continuous child care assistance for eligible families who move 15.21 between Minnesota counties. At the end of each allocation 15.22 period, any unspent funds in the portability pool must be added15.23 to the funds available for reallocationused for assistance 15.24 under the basic sliding fee program. If expenditures from the 15.25 portability pool exceed the amount of money available, the 15.26 reallocation pool must be reduced to cover these shortages. 15.27 (b) To be eligible for portable basic sliding fee 15.28 assistance, a family that has moved from a county in which it 15.29 was receiving basic sliding fee assistance to a county with a 15.30 waiting list for the basic sliding fee program must: 15.31 (1) meet the income and eligibility guidelines for the 15.32 basic sliding fee program; and 15.33 (2) notify the new county of residence within 30 days of 15.34 moving and apply for basic sliding fee assistance in the new 15.35 county of residence. 15.36 (c) The receiving county must: 16.1 (1) accept administrative responsibility for applicants for 16.2 portable basic sliding fee assistance at the end of the two 16.3 months of assistance under the Unitary Residency act; 16.4 (2) continue basic sliding fee assistance for the lesser of 16.5 six months or until the family is able to receive assistance 16.6 under the county's regular basic sliding program; and 16.7 (3) notify the commissioner through the quarterly reporting 16.8 process of any family that meets the criteria of the portable 16.9 basic sliding fee assistance pool. 16.10 Sec. 21. Minnesota Statutes 1998, section 119B.04, 16.11 subdivision 1, is amended to read: 16.12 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 16.13 commissioner of children, families, and learningis authorized 16.14 and directed to receive, administer, and expend funds available 16.15 under the child care and development fund under Public Law 16.16 Number 104-193, Title IVI. 16.17 Sec. 22. Minnesota Statutes 1998, section 119B.05, 16.18 subdivision 1, is amended to read: 16.19 Subdivision 1. [ELIGIBLE RECIPIENTSPARTICIPANTS.] 16.20 Families eligible for child care assistance under the AFDCMFIP 16.21 child care program are: 16.22 (1) persons receiving services under sections 256.031 to16.23 256.0361 and 256.047 to 256.048;16.24 (2) AFDC recipientsMFIP participants who are employed or 16.25 in job search and meet the requirements of section 119B.10; 16.26 (3)(2) persons who are members of transition year families 16.27 under section 119B.01, subdivision 16; 16.28 (4) members of the control group for the STRIDE evaluation16.29 conducted by the Manpower Demonstration Research Corporation;16.30 (5) AFDC caretakers who are participating in the STRIDE and16.31 non-STRIDE AFDC child care program;16.32 (6)(3) families who are participating in employment 16.33 orientation or job search, or other employment or training 16.34 activities that are included in an approved employability 16.35 development plan under chapter 256K; and16.36 (7) MFIP-S(4) MFIP families who are participating in work 17.1 activities as required in their job search support or employment 17.2 plan, or in appeals, hearings, assessments, or orientations 17.3 according to chapter 256J. Child care assistance to support 17.4 work activities as described in section 256J.49 must be 17.5 available according to sections 119A.54,119B.01, subdivision 8, 17.6 124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 17.7 of the Social Security Act; and 17.8 (5) families who are participating in programs as required 17.9 in tribal contracts under section 119B.02, subdivision 2, or 17.10 256.01, subdivision 2. 17.11 Sec. 23. Minnesota Statutes 1998, section 119B.06, 17.12 subdivision 1, is amended to read: 17.13 Subdivision 1. [COMMISSIONER TO ADMINISTER BLOCK GRANT.] 17.14 The commissioner of children, families, and learningis 17.15 authorized and directed to receive, administer, and expend child 17.16 care funds available under the child care and development block 17.17 grant authorized under Public Law Number 101-508 (2). 17.18 Sec. 24. Minnesota Statutes 1998, section 119B.061, is 17.19 amended to read: 17.20 119B.061 [AT-HOME INFANT CHILD CARE PROGRAM.] 17.21 Subdivision 1. [ESTABLISHMENT.] Beginning July 1, 1998,A 17.22 family receiving or eligible to receive assistance under the17.23 basic sliding fee program is eligible forin which a parent 17.24 provides care for the family's infant child may receive a 17.25 subsidy in lieu of assistance for a parent to provide short-term17.26 child care for the family's infant childif the family is 17.27 eligible for, or is receiving assistance under the basic sliding 17.28 fee program. An eligible family must meet the eligibility 17.29 factors under section 119B.09, the income criteria under section 17.30 119B.12, and the requirements of this section. Subject to 17.31 federal match and maintenance of effort requirements for the 17.32 child care and development fund, the commissioner shall 17.33 establish a pool of up to seven percent of the annual 17.34 appropriation for the basic sliding fee program to provide 17.35 assistance under the at-home infant child care program. At the 17.36 end of thea fiscal year, the commissioner may carry forward any 18.1 unspent funds must be usedunder this section to the next fiscal 18.2 year within the same biennium for assistance under the basic 18.3 sliding fee program. 18.4 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant 18.5 under the age of one year is eligible for assistance if: 18.6 (1) the family is not receiving MFIP-SMFIP, other cash 18.7 assistance, or other child care assistance; 18.8 (2) the family has not previously received all of the 18.9 one-year exemption from the work requirement for infant care 18.10 under the MFIP-SMFIP program; 18.11 (3) the family has not previously received a life-long 18.12 total of 12 months of assistance under this section; and 18.13 (4) the family is participating in the basic sliding fee 18.14 program or , for the first child in a family,provides 18.15 verification of employmentparticipation in an authorized 18.16 activity at the time of application and meets the program 18.17 requirements. 18.18 Subd. 3. [ELIGIBLE PARENT.] OnlyA family is eligible for 18.19 assistance under this section if one parent , in a two-parent18.20 family, is eligible for assistancecares for the family's infant 18.21 child. The eligible parent must: 18.22 (1) be over the age of 18; 18.23 (2) providecare for the infant full-time care for the18.24 childin the child'sinfant's home; and 18.25 (3) provide childcare for any other children in the family 18.26 thatwho are eligible for child care assistance under this 18.27 chapter. 18.28 For the purposes of this section, "parent" means birth 18.29 parent, adoptive parent, or stepparent. 18.30 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 18.31 lifetime total of 12 months of assistance under this section. 18.32 The maximum rate of assistance must be atis equal to 75 percent 18.33 of the rate established under section 119B.13 for care of 18.34 infants in licensed family daychild care in the applicant's 18.35 county of residence. Assistance must be calculated to reflect 18.36 the copayparent fee requirement andunder section 119B.12 for 19.1 the family's income level and family size. 19.2 (b) A participating family must continue toreport income 19.3 and other family changes as specified in the county's plan under 19.4 section 119B.08, subdivision 3. The family must treat any 19.5 assistance received under this section as unearned income. 19.6 (c) Participation in the at-home infant child care program19.7 must be considered participation in the basic sliding fee19.8 program for purposes of continuing eligibility under section19.9 119B.03, subdivision 3.Persons who are admitted to the at-home 19.10 infant care program retain their position in any basic sliding 19.11 fee program or on any waiting list attained at the time of 19.12 admittance. If they are on the waiting list, they must advance 19.13 as if they had not been admitted to the program. Persons 19.14 leaving the at-home infant care program re-enter the basic 19.15 sliding fee program at the position they would have occupied or 19.16 the waiting list at the position to which they would have 19.17 advanced. Persons who would have attained eligibility for the 19.18 basic sliding fee program must be given assistance or advance to 19.19 the top of the waiting list when they leave the at-home infant 19.20 care program. Persons admitted to the at-home infant care 19.21 program who are not on a basic sliding fee waiting list may 19.22 apply to the basic sliding fee program, and if eligible, be 19.23 placed on the waiting list. 19.24 (d) The time that a family thatreceives assistance under 19.25 this section is ineligible formust be deducted from the 19.26 one-year exemption from work requirements under the MFIP-SMFIP 19.27 program. 19.28 (e) Assistance under this section does not establish an 19.29 employer-employee relationship between any member of the 19.30 assisted family and the county or state. 19.31 Subd. 5. [IMPLEMENTATION.] By July 1, 1998,(a) The 19.32 commissioner shall implement the at-home infant child care 19.33 program under this section through counties that administer the 19.34 basic sliding fee program under section 119B.03. The 19.35 commissioner must develop and distribute consumer information on 19.36 the at-home infant care program to assist parents of infants or 20.1 expectant parents in making informed child care decisions. 20.2 (b) The commissioner shall evaluate this program and report 20.3 the impact to the legislature by January 1, 2000. The 20.4 evaluation must include data on the number of families 20.5 participating in the program; the number of families continuing 20.6 to pursue employment or education while participating in the 20.7 program; the average income of families prior to, during, and 20.8 after participation in the program; family size; and single 20.9 parent and two-parent status. 20.10 Sec. 25. Minnesota Statutes 1998, section 119B.07, is 20.11 amended to read: 20.12 119B.07 [USE OF MONEY.] 20.13 Money for persons listed in sections 119B.03, subdivision 20.14 3, and 119B.05, subdivision 1, shall be used to reduce the costs 20.15 of child care for students, including the costs of child care 20.16 for students while employed if enrolled in an eligible education 20.17 program at the same time and making satisfactory progress 20.18 towards completion of the program. Counties may not limit the 20.19 duration of child care subsidies for a person in an employment 20.20 or educational program, except when the person is found to be 20.21 ineligible under the child care fund eligibility standards. Any 20.22 limitation must be based on a person's employabilityemployment 20.23 plan in the case of an AFDC recipientMFIP participant, and 20.24 county policies included in the child care allocationfund 20.25 plan. The maximum length of time a student is eligible for 20.26 child care assistance under the child care fund for education 20.27 and training is no more than the time necessary to complete the 20.28 credit requirements for an associate or baccalaureate degree as 20.29 determined by the educational institution, excluding basic or 20.30 remedial education programs needed to prepare for post-secondary 20.31 education or employment. To be eligible, the student must be in 20.32 good standing and be making satisfactory progress toward the 20.33 degree. Time limitations for child care assistance do not apply 20.34 to basic or remedial educational programs needed to prepare for 20.35 post-secondary education or employment. These programs 20.36 include: high school, general equivalency diploma, and English 21.1 as a second language. Programs exempt from this time limit must 21.2 not run concurrently with a post-secondary program. High school21.3 students who are participating in a post-secondary options21.4 program and who receive a high school diploma issued by the21.5 school district are exempt from the time limitations while21.6 pursuing a high school diploma. Financially eligible students21.7 who have received child care assistance for one academic year21.8 shall be provided child care assistance in the following21.9 academic year if funds allocated under sections 119B.03 and21.10 119B.05 are available.If an AFDC recipientMFIP participant 21.11 who is receiving AFDCMFIP child care assistance under this 21.12 chapter moves to another county, continues to participate in 21.13 educational or training programs authorized in 21.14 their employability developmentemployment plans, and continues 21.15 to be eligible for AFDCMFIP child care assistance under this 21.16 chapter, the AFDC caretakerMFIP participant must receive 21.17 continued child care assistance from the county responsible for 21.18 their current employability developmentemployment plan, without21.19 interruptionunder section 256G.07. 21.20 Sec. 26. [119B.074] [SPECIAL REVENUE ACCOUNT FOR CHILD 21.21 CARE.] 21.22 A child support collection account is established in the 21.23 special revenue fund for the deposit of collections through the 21.24 assignment of child support under section 256.741, subdivision 21.25 2. The commissioner of human services must deposit all 21.26 collections made under section 256.741, subdivision 2, in the 21.27 child support collection account. Money in this account is 21.28 appropriated to the commissioner for assistance under section 21.29 119B.03 and is in addition to other state and federal 21.30 appropriations. 21.31 Sec. 27. Minnesota Statutes 1998, section 119B.08, 21.32 subdivision 3, is amended to read: 21.33 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1,21.34 1992, the county will include the plan required under this21.35 subdivision in its biennial community social services plan21.36 required in this section, for the group described in section22.1 256E.03, subdivision 2, paragraph (h). The commissioner shall22.2 establish the dates by which the county must submit these22.3 plans.The county and designated administering agency shall 22.4 submit to the commissioner an annual child care fund allocation22.5 plan in its biennial community social services plan. The 22.6 commissioner shall establish the dates by which the county must 22.7 submit the plans. The plan shall include: 22.8 (1) a narrative of the total program for child care 22.9 services, including all policies and procedures that affect 22.10 eligible families and are used to administer the child care 22.11 funds; 22.12 (2) the methods used by the county to inform eligible 22.13 groupsfamilies of the availability of child care assistance and 22.14 related services; 22.15 (3) the provider rates paid for all children with special 22.16 needs by provider type; 22.17 (4) the county prioritization policy for all eligible 22.18 groupsfamilies under the basic sliding fee program and AFDC22.19 child care program; and 22.20 (5) other information as requested by the department to 22.21 ensure compliance with the child care fund statutes and rules 22.22 promulgated by the commissioner. 22.23 The commissioner shall notify counties within 60 days of 22.24 the date the plan is submitted whether the plan is approved or 22.25 the corrections or information needed to approve the plan. The 22.26 commissioner shall withhold a county's allocation until it has 22.27 an approved plan. Plans not approved by the end of the second 22.28 quarter after the plan is due may result in a 25 percent 22.29 reduction in allocation. Plans not approved by the end of the 22.30 third quarter after the plan is due may result in a 100 percent 22.31 reduction in the allocation to the county. Counties are to 22.32 maintain services despite any reduction in their allocation due 22.33 to plans not being approved. 22.34 Sec. 28. Minnesota Statutes 1998, section 119B.09, 22.35 subdivision 1, is amended to read: 22.36 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 23.1 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 23.2 must be available to families who need child care to find or 23.3 keep employment or to obtain the training or education necessary 23.4 to find employment and who: 23.5 (1) meet the requirements of section 119B.05; receive aid23.6 to families with dependent children, MFIP-S, or work first,23.7 whichever is in effectMFIP assistance; and are receiving23.8 participating in employment and training services under section23.9 256.736 orchapter 256J or 256K; 23.10 (2) have household income below the eligibility levels for 23.11 aid to families with dependent childrenMFIP; or 23.12 (3) have household income within a range established by the 23.13 commissioner. 23.14 (b) Child care services for the families receiving aid to23.15 families with dependent childrenmust be made available as 23.16 in-kind services , to cover any difference between the actual23.17 cost and the amount disregarded under the aid to families with23.18 dependent children program. Child care services to families23.19 whose incomes are below the threshold of eligibility for aid to23.20 families with dependent children, but are not AFDC caretakers,23.21 must be made available with the same copayment required of AFDC23.22 caretakers or MFIP-S caregivers. 23.23 (c) All applicants for child care assistance and families 23.24 currently receiving child care assistance must be assisted and 23.25 required to cooperate in establishment of paternity and 23.26 enforcement of child support obligations for all children in the 23.27 family as a condition of program eligibility. For purposes of 23.28 this section, a family is considered to meet the requirement for 23.29 cooperation when the family complies with the requirements of 23.30 section 256.741 , if enacted. 23.31 Sec. 29. Minnesota Statutes 1998, section 119B.09, 23.32 subdivision 3, is amended to read: 23.33 Subd. 3. [PRIORITIES; ALLOCATIONS.] If a county projects 23.34 that its child care allocation is insufficient to meet the needs 23.35 of all eligible groupsfamilies, it may prioritize among 23.36 the groupsfamilies that remain to be served after the county 24.1 has complied with the priority requirements of section 119B.03. 24.2 Counties that have established a priority for non-AFDCfamilies 24.3 who are not MFIP participants beyond those established under 24.4 section 119B.03 must submit the policy in the annual allocation24.5 child care fund plan. 24.6 Sec. 30. Minnesota Statutes 1998, section 119B.09, 24.7 subdivision 7, is amended to read: 24.8 Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] The date of 24.9 eligibility for child care assistance under this chapter is the 24.10 later of the date the application was signed; the beginning date 24.11 of employment, education, or training; or the date a 24.12 determination has been made that the applicant is a participant 24.13 in employment and training services under Minnesota Rules, part 24.14 3400.0080, subpart 2a, section 256.736,or chapter 256J or 24.15 256K. The date of eligibility for the basic sliding fee at-home 24.16 infant child care program is the later of the date the infant is 24.17 born or, in a county with a basic sliding fee waitwaiting list, 24.18 the date the family applies for at-home infant child care. 24.19 Payment ceases for a family under the at-home infant child care 24.20 program when a family has used a total of 12 months of 24.21 assistance as specified under section 119B.061. Payment of 24.22 child care assistance for employed persons on AFDCMFIP is 24.23 effective the date of employment or the date of AFDCMFIP 24.24 eligibility, whichever is later. Payment of child care 24.25 assistance for MFIP-SMFIP or work first participants in 24.26 employment and training services is effective the date of 24.27 commencement of the services or the date of MFIP-SMFIP or work 24.28 first eligibility, whichever is later. Payment of child care 24.29 assistance for transition year child care must be made 24.30 retroactive to the date of eligibility for transition year child 24.31 care. 24.32 Sec. 31. Minnesota Statutes 1998, section 119B.10, 24.33 subdivision 1, is amended to read: 24.34 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 24.35 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 24.36 and who are eligible for assistance under this section are 25.1 eligible to receive up to 240 hours of child care assistance per 25.2 calendar year. 25.3 (b) Employed persons who work at least an average of 25.4 20 hours and full-time students who work at least an average of 25.5 ten hours a week and receive at least a minimum wage for all 25.6 hours worked are eligible for continued child care 25.7 assistance for employment. For purposes of this section, 25.8 work-study programs must be counted as employment. Child care 25.9 assistance during employment must be authorized as provided in 25.10 paragraphs (c) and (d). 25.11 (c) When the caregiverperson works for an hourly wage and 25.12 the hourly wage is equal to or greater than the applicable 25.13 minimum wage, child care assistance shall be provided for the 25.14 actual hours of employment, break, and mealtime during the 25.15 employment and travel time up to two hours per day. 25.16 (d) When the caregiverperson does not work for an hourly 25.17 wage, child care assistance must be provided for the lesser of: 25.18 (1) the amount of child care determined by dividing gross 25.19 earned income by the applicable minimum wage, up to one hour 25.20 every eight hours for meals and break time, plus up to two hours 25.21 per day for travel time; or 25.22 (2) the amount of child care equal to the actual amount of 25.23 child care used during employment, including break and mealtime 25.24 during employment, and travel time up to two hours per day. 25.25 Sec. 32. Minnesota Statutes 1998, section 119B.11, 25.26 subdivision 2a, is amended to read: 25.27 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child 25.28 care assistance paid to a recipient in excess of the payment due 25.29 is recoverable by the county agency. If the family remains 25.30 eligible for child care assistance, the overpayment must be 25.31 recovered through recoupment as identified in Minnesota Rules, 25.32 part 9565.5110, subpart 11, items A and B, if the family remains25.33 eligible for assistance3400.0140, subpart 19. If the family no 25.34 longer remains eligible for child care assistance, the county 25.35 may choose to initiate efforts to recover overpayments from the 25.36 family for overpayment less than $50. If the overpayment is 26.1 greater than or equal to $50, the county shall seek voluntary 26.2 repayment of the overpayment from the family. If the county is 26.3 unable to recoup the overpayment through voluntary repayment, 26.4 the county shall initiate civil court proceedings to recover the 26.5 overpayment unless the county's costs to recover the overpayment 26.6 will exceed the amount of the overpayment. A family with an 26.7 outstanding debt under this subdivision is not eligible for 26.8 child care assistance until: (1) the debt is paid in full; or 26.9 (2) satisfactory arrangements are made with the county to retire 26.10 the debt consistent with the requirements of this chapter and 26.11 Minnesota Rules, chapter 3400, and the family is in compliance 26.12 with the arrangements. 26.13 Sec. 33. Minnesota Statutes 1998, section 119B.12, 26.14 subdivision 2, is amended to read: 26.15 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 26.16 be a fixed percentage of its annual gross income. Parent fees 26.17 must apply to families eligible for child care assistance under 26.18 sections 119B.03 and 119B.05. Income must be as defined in 26.19 section 119B.01, subdivision 12. The fixed percent is based on 26.20 the relationship of the family's annual gross income to 100 26.21 percent of state median income. Beginning January 1, 1998, 26.22 parent fees must begin at 75 percent of the poverty level. The 26.23 minimum parent fees for families between 75 percent and 100 26.24 percent of poverty level must be $5 per month. Parent fees for26.25 families with incomes at or above the poverty level must not26.26 decrease due to the addition of family members after the26.27 family's initial eligibility determination.Parent fees must be 26.28 established in rule and must provide for graduated movement to 26.29 full payment. 26.30 Sec. 34. Minnesota Statutes 1998, section 119B.13, is 26.31 amended to read: 26.32 119B.13 [CHILD CARE RATES.] 26.33 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1,26.34 1991,The maximum rate paid for child care assistance under the 26.35 child care fund is the maximum rate eligible for federal26.36 reimbursement. The ratemay not exceed the 75th percentile rate 27.1 for like-care arrangements in the county as surveyed by the 27.2 commissioner. A rate which includes a provider bonus paid under 27.3 subdivision 2 or a special needs rate paid under subdivision 3 27.4 may be in excess of the maximum rate allowed under this 27.5 subdivision. The department of children, families, and learning27.6 shall monitor the effect of this paragraph on provider rates. 27.7 The county shall pay the provider's full charges for every child 27.8 in care up to the maximum established. The commissioner shall 27.9 determine the maximum rate for each type of care, including 27.10 special needs and handicapped care. Not less than once every 27.11 two years, the countycommissioner shall evaluate ratesmarket 27.12 practices for payment of absent spacesabsences and shall 27.13 establish policies for payment of absent days that reflect 27.14 current market practice. 27.15 When the provider charge is greater than the maximum 27.16 provider rate allowed, the parent is responsible for payment of 27.17 the difference in the rates in addition to any family copayment 27.18 fee. 27.19 Subd. 2. [PROVIDER RATE BONUS FOR ACCREDITATION.] 27.20 Currently accredited child care centers shall be paid a ten27.21 percent bonus above the maximum rate established in subdivision27.22 1, up to the actual provider rate.A family daychild care 27.23 provider or child care center shall be paid a ten percent bonus 27.24 above the maximum rate established in subdivision 1, if the 27.25 provider or center holds a current early childhood development 27.26 credential approved by the commissioner, up to the actual 27.27 provider rate. For purposes of this subdivision, "accredited"27.28 means accredited by the National Association for the Education27.29 of Young Children.27.30 Subd. 3. [PROVIDER RATE FOR CARE OF CHILDREN WITH 27.31 HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 27.32 for the care of children with handicaps or special needs, at a 27.33 special rate to be setapproved by the county for care of these 27.34 children, subject to the approval of the commissioner. 27.35 Subd. 4. [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 27.36 Child care providers receiving reimbursement under this chapter 28.1 may not charge a rate to clients receiving assistance under this 28.2 chapter that is higher than the private, full-paying client rate. 28.3 Subd. 5. [PROVIDER NOTICE.] The county shall inform both 28.4 the family receiving assistance under this chapter and the child 28.5 care provider of the payment amount and how and when payment 28.6 will be received. If the county sends a family a notice that 28.7 child care assistance will be terminated, the county shall 28.8 inform the provider that unless the family requests to continue 28.9 to receive assistance pending an appeal, child care payments 28.10 will no longer be made. The notice to the vendorprovider must 28.11 not contain any private data on the family or information on why 28.12 payment will no longer be made. 28.13 Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor 28.14 payments to the child care provider or pay the parent directly 28.15 for eligible child care expenses. If payments for child care 28.16 assistance are made to providers, the provider shall bill the 28.17 county for services provided within ten days of the end of the 28.18 month of service. If bills are submitted in accordance with the 28.19 provisions of this subdivision, a county shall issue payment to 28.20 the provider of child care under the child care fund within 30 28.21 days of receiving an invoice from the provider. Counties may 28.22 establish policies that make payments on a more frequent basis. 28.23 A county's payment policies must be included in the county's 28.24 child care plan under section 119B.08, subdivision 3. 28.25 Sec. 35. Minnesota Statutes 1998, section 119B.14, is 28.26 amended to read: 28.27 119B.14 [EXTENSION OF EMPLOYMENT OPPORTUNITIES.] 28.28 The county board shall insureensure that child care 28.29 services available to eligible residents are well advertised and 28.30 that everyone who receives or applies for aid to families with28.31 dependent childrenMFIP assistance is informed of training and 28.32 employment opportunities and programs, including child care 28.33 assistance and child care resource and referral services. 28.34 Sec. 36. Minnesota Statutes 1998, section 119B.15, is 28.35 amended to read: 28.36 119B.15 [ADMINISTRATIVE EXPENSES.] 29.1 The commissioner shall use up to 1/21 of the state and 29.2 federal funds available for the basic sliding fee program and 29.3 1/21 of the state and federal funds available for the AFDCMFIP 29.4 child care program for payments to counties for administrative 29.5 expenses. 29.6 Sec. 37. Minnesota Statutes 1998, section 119B.18, 29.7 subdivision 3, is amended to read: 29.8 Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.] 29.9 The commissioner shall establish a child development education 29.10 and training loan program to be administered by the regional 29.11 child care resource and referral programs. The commissioner 29.12 shall establish application procedures, eligibility criteria, 29.13 terms, and other conditions necessary to make educational loans 29.14 under this section. A single applicant may not receive more 29.15 than $1,500 per year under this program. All or part of the 29.16 loan may be forgiven if the applicant continues to provide child 29.17 care services for a period of 1224 months following the 29.18 completion of all courses paid for by the educational loan. 29.19 Sec. 38. Minnesota Statutes 1998, section 119B.24, is 29.20 amended to read: 29.21 119B.24 [DUTIES OF COMMISSIONER.] 29.22 In addition to the powers and duties already conferred by 29.23 law, the commissioner of children, families, and learning shall: 29.24 (1) by September 1, 1998, and every five years thereafter,29.25 survey and report on all components of the child care system,29.26 including, but not limited to, availability of licensed child29.27 care slots, the number of children in various kinds of child29.28 care settings, staff wages, rate of staff turnover,29.29 qualifications of child care workers, cost of child care by type29.30 of service and ages of children, and child care availability29.31 through school systems;29.32 (2) by September 1, 1998, and every five years thereafter,29.33 survey and report on the extent to which existing child care29.34 services fulfill the need for child care, giving particular29.35 attention to the need for part-time care and for care of29.36 infants, sick children, children with special needs, low-income30.1 children, toddlers, and school-age children;30.2 (3)administer the child care fund, including the basic 30.3 sliding fee program authorized under sections 119B.01 to 30.4 119B.16; 30.5 (4)(2) monitor the child care resource and referral 30.6 programs established under section 119B.19; and 30.7 (5)(3) encourage child care providers to participate in a 30.8 nationally recognized accreditation system for early childhood 30.9 programs. The commissioner shall reimburse licensed child care 30.10 providers for one-half of the direct cost of accreditation fees, 30.11 upon successful completion of accreditation. 30.12 Sec. 39. Minnesota Statutes 1998, section 119B.25, 30.13 subdivision 3, is amended to read: 30.14 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 30.15 receives a grant under this section shall use the money to: 30.16 (1) establish a revolving loan fund to make loans to 30.17 existing, expanding, and new licensed and legal unlicensed child 30.18 care and early childhood education sites; 30.19 (2) establish a fund to guarantee private loans to improve 30.20 or construct a child care or early childhood education site; 30.21 (3) establish a fund to provide forgivable loans or grants 30.22 to match all or part of a loan made under this section; and30.23 (4) establish a fund as a reserve against bad debt; and 30.24 (5) establish a fund to provide business planning 30.25 assistance for child care providers. 30.26 The nonprofit corporation shall establish the terms and 30.27 conditions for loans and loan guarantees including, but not 30.28 limited to, interest rates, repayment agreements, private match 30.29 requirements, and conditions for loan forgiveness. The 30.30 nonprofit corporation shall establish a minimum interest rate 30.31 for loans to ensure that necessary loan administration costs are 30.32 covered. The nonprofit corporation may use interest earnings 30.33 for administrative expenses. 30.34 Sec. 40. Minnesota Statutes 1998, section 121A.19, is 30.35 amended to read: 30.36 121A.19 [DEVELOPMENTAL SCREENING AID.] 31.1 Each school year, the state must pay a district $25$40 for 31.2 each child screened according to the requirements of section 31.3 121A.17. If this amount of aid is insufficient, the district 31.4 may permanently transfer from the general fund an amount that, 31.5 when added to the aid, is sufficient. 31.6 Sec. 41. Minnesota Statutes 1998, section 124D.13, 31.7 subdivision 6, is amended to read: 31.8 Subd. 6. [PARTICIPANTS' FEES.] A district may chargemust 31.9 establish a reasonable sliding fee scale but it shall waive the 31.10 fee for a participant unable to pay. 31.11 Sec. 42. Minnesota Statutes 1998, section 124D.135, 31.12 subdivision 1, is amended to read: 31.13 Subdivision 1. [REVENUE.] The revenue for early childhood 31.14 family education programs for a school district equals $101.2531.15 for 1998 and$113.50 for 1999fiscal years 2000 and 2001 and 31.16 $120 for 2002 and later fiscal years times the greater of: 31.17 (1) 150; or 31.18 (2) the number of people under five years of age residing 31.19 in the district on October 1 of the previous school year. 31.20 Sec. 43. Minnesota Statutes 1998, section 124D.135, 31.21 subdivision 3, is amended to read: 31.22 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] For 31.23 fiscal years 2000 and 2001 to obtain early childhood family 31.24 education revenue, a district may levy an amount equal to the 31.25 tax rate of .45.5282 percent times the adjusted tax capacity of 31.26 the district for the year preceding the year the levy is 31.27 certified. Beginning with levies for fiscal year 2002, by 31.28 September 30 of each year, the commissioner shall establish a 31.29 tax rate for early childhood education revenue that raises 31.30 $21,027,000 for fiscal year 2002 and $22,135,000 in fiscal year 31.31 2003 and each subsequent year. If the amount of the early 31.32 childhood family education levy would exceed the early childhood 31.33 family education revenue, the early childhood family education 31.34 levy must equal the early childhood family education revenue. 31.35 Sec. 44. Minnesota Statutes 1998, section 124D.19, 31.36 subdivision 11, is amended to read: 32.1 Subd. 11. [ EXTENDED DAYSCHOOL-AGE CARE PROGRAMS.] (a) A 32.2 school board may offer, as part of a community education 32.3 program, an extended daya school-age care program for children 32.4 from kindergarten through grade 6 for the purpose of expanding 32.5 students' learning opportunities. If the school board chooses 32.6 not to offer a school-age care program, it may allow an 32.7 appropriate insured community group, for profit entity or 32.8 nonprofit organization to use available school facilities for 32.9 the purpose of offering a school-age care program. 32.10 (b) A school-age care program must include the following: 32.11 (1) adult supervised programs while school is not in 32.12 session; 32.13 (2) parental involvement in program design and direction; 32.14 (3) partnerships with the kindergarten through grade 12 32.15 system, and other public, private, or nonprofit entities; and32.16 (4) opportunities for trained secondary school pupils to 32.17 work with younger children in a supervised setting as part of a 32.18 community service program .; and 32.19 (5) access to available school facilities, including the 32.20 gymnasium, sports equipment, computer labs, and media centers, 32.21 when not otherwise in use as part of the operation of the 32.22 school. The school district may establish reasonable rules 32.23 relating to access to these facilities and may require that: 32.24 (i) the organization request access to the facilities and 32.25 prepare and maintain a schedule of proposed use; 32.26 (ii) the organization provide evidence of adequate 32.27 insurance to cover the activities to be conducted in the 32.28 facilities; and 32.29 (iii) the organization prepare and maintain a plan 32.30 demonstrating the adequacy and training of staff to supervise 32.31 the use of the facilities. 32.32 (b)(c) The district may charge a sliding fee based upon 32.33 family income for extended dayschool-age care programs. The 32.34 district may receive money from other public or private sources 32.35 for the extended dayschool-age care program. The board of the 32.36 district must develop standards for school-age child care 33.1 programs. Districts must adopt standards within one year after33.2 the district first offers services under a program authorized by33.3 this subdivision.The state board of education may not adopt 33.4 rules for extended dayschool-age care programs. 33.5 (c)(d) The district shall maintain a separate account 33.6 within the community services fund for all funds related to the 33.7 extended dayschool-age care program. 33.8 (e) A district is encouraged to coordinate the school-age 33.9 care program with its special education, vocational education, 33.10 adult basic education, early childhood family education 33.11 programs, kindergarten through grade 12 instruction and 33.12 curriculum services, youth development and youth service 33.13 agencies, and with related services provided by other 33.14 governmental agencies and nonprofit agencies. 33.15 Sec. 45. Minnesota Statutes 1998, section 124D.22, is 33.16 amended to read: 33.17 124D.22 [ EXTENDED DAYSCHOOL-AGE CARE REVENUE.] 33.18 Subdivision 1. [ELIGIBILITY.] A district that offers an33.19 extended daya school-age care program according to section 33.20 124D.19, subdivision 11, is eligible for extended dayschool-age 33.21 care revenue for the additional costs of providing services to 33.22 children with disabilities or to children experiencing family or 33.23 related problems of a temporary nature who participate in 33.24 the extended dayschool-age care program. 33.25 Subd. 2. [ EXTENDED DAYSCHOOL-AGE CARE REVENUE.] The 33.26 extended dayschool-age care revenue for an eligible district 33.27 equals the approved additional cost of providing services to 33.28 children with disabilities or children experiencing family or 33.29 related problems of a temporary nature who participate in 33.30 the extended dayschool-age care program. 33.31 Subd. 3. [ EXTENDED DAYSCHOOL-AGE CARE LEVY.] To obtain 33.32 extended dayschool-age care revenue, a school district may levy 33.33 an amount equal to the district's extended dayschool-age care 33.34 revenue as defined in subdivision 2 multiplied by the lesser of 33.35 one, or the ratio of the quotient derived by dividing the 33.36 adjusted net tax capacity of the district for the year before 34.1 the year the levy is certified by the resident pupil units in 34.2 the district for the school year to which the levy is 34.3 attributable, to $3,767$3,280. 34.4 Subd. 4. [ EXTENDED DAYSCHOOL-AGE CARE AID.] A district's 34.5 extended dayschool-age care aid is the difference between 34.6 its extended dayschool-age care revenue and its extended34.7 dayschool-age care levy. If a district does not levy the 34.8 entire amount permitted, extended dayschool-age care aid must 34.9 be reduced in proportion to the actual amount levied. 34.10 Sec. 46. Minnesota Statutes 1998, section 124D.23, is 34.11 amended by adding a subdivision to read: 34.12 Subd. 2b. [INSURANCE.] The commissioner of children, 34.13 families, and learning may designate one collaborative to act as 34.14 a lead collaborative for purposes of obtaining liability 34.15 coverage for participating collaboratives. 34.16 Sec. 47. Minnesota Statutes 1998, section 125A.35, 34.17 subdivision 5, is amended to read: 34.18 Subd. 5. [INCREASED COSTS.] County boards that have 34.19 submitted base year 1993 expenditures as required under 34.20 subdivision 4 are not required to pay any increased cost over 34.21 the base year 1993 for early intervention services resulting 34.22 from implementing the early intervention system. Increased 34.23 costs to county boards may be paid for with early intervention 34.24 flow-throughservice dollars. 34.25 Sec. 48. Minnesota Statutes 1998, section 256.01, 34.26 subdivision 4, is amended to read: 34.27 Subd. 4. [DUTIES AS STATE AGENCY.] The state agency shall: 34.28 (1) supervise the administration of assistance to dependent 34.29 children under Laws 1937, chapter 438, by the county agencies in 34.30 an integrated program with other service for dependent children 34.31 maintained under the direction of the state agency; 34.32 (2) may subpoena witnesses and administer oaths, make 34.33 rules, and take such action as may be necessary, or desirable 34.34 for carrying out the provisions of Laws 1937, chapter 438. All 34.35 rules made by the state agency shall be binding on the counties 34.36 and shall be complied with by the respective county agencies; 35.1 (3) establish adequate standards for personnel employed by 35.2 the counties and the state agency in the administration of Laws 35.3 1937, chapter 438, and make the necessary rules to maintain such 35.4 standards; 35.5 (4) prescribe the form of and print and supply to the 35.6 county agencies blanks for applications, reports, affidavits, 35.7 and such other forms as it may deem necessary and advisable; 35.8 (5) cooperate with the federal government and its public 35.9 welfare agencies in any reasonable manner as may be necessary to 35.10 qualify for federal aid for aid to dependent children and in 35.11 conformity with the provisions of Laws 1937, chapter 438, 35.12 including the making of such reports and such forms and 35.13 containing such information as the Federal Social Security Board 35.14 may from time to time require, and comply with such provisions 35.15 as such board may from time to time find necessary to assure the 35.16 correctness and verification of such reports; 35.17 (6) may cooperate with other state agencies in establishing 35.18 reciprocal agreements in instances where a child receiving aid 35.19 to dependent children moves or contemplates moving into or out 35.20 of the state, in order that such child may continue to receive 35.21 supervised aid from the state moved from until the child shall 35.22 have resided for one year in the state moved to; 35.23 (7) on or before October 1 in each even-numbered year make 35.24 a biennial report to the governor concerning the activities of 35.25 the agency; and35.26 (8) enter into agreements with other departments of the 35.27 state as necessary to meet all requirements of the federal 35.28 government; and 35.29 (9) cooperate with the commissioner of children, families, 35.30 and learning to enforce the requirements for program integrity 35.31 and fraud prevention for investigation for child care assistance 35.32 under chapter 119B. 35.33 Sec. 49. Minnesota Statutes 1998, section 256.045, is 35.34 amended by adding a subdivision to read: 35.35 Subd. 3c. [FINAL ORDER IN HEARING UNDER SECTION 35.36 119B.16.] The state human services referee shall recommend an 36.1 order to the commissioner of children, families, and learning in 36.2 an appeal under section 119B.16. The commissioner shall affirm, 36.3 reverse, or modify the order. An order issued under this 36.4 subdivision is conclusive on the parties unless an appeal is 36.5 taken under subdivision 7. 36.6 Sec. 50. Minnesota Statutes 1998, section 256.045, 36.7 subdivision 6, is amended to read: 36.8 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; 36.9 SUBPOENAS.] (a) The commissioner of human services, or the 36.10 commissioner of health for matters within the commissioner's 36.11 jurisdiction under subdivision 3b, or the commissioner of 36.12 children, families, and learning for matters within the 36.13 commissioner's jurisdiction under subdivision 3c, may initiate a 36.14 review of any action or decision of a county agency and direct 36.15 that the matter be presented to a state human services referee 36.16 for a hearing held under subdivision 3, 3a, 3b, 3c, or 4a. In 36.17 all matters dealing with human services committed by law to the 36.18 discretion of the county agency, the commissioner's judgment may 36.19 be substituted for that of the county agency. The commissioner 36.20 may order an independent examination when appropriate. 36.21 (b) Any party to a hearing held pursuant to subdivision 3, 36.22 3a, 3b, 3c, or 4a may request that the commissioner issue a 36.23 subpoena to compel the attendance of witnesses and the 36.24 production of records at the hearing. A local agency may 36.25 request that the commissioner issue a subpoena to compel the 36.26 release of information from third parties prior to a request for 36.27 a hearing under section 256.046 upon a showing of relevance to 36.28 such a proceeding. The issuance, service, and enforcement of 36.29 subpoenas under this subdivision is governed by section 357.22 36.30 and the Minnesota Rules of Civil Procedure. 36.31 (c) The commissioner may issue a temporary order staying a 36.32 proposed demission by a residential facility licensed under 36.33 chapter 245A while an appeal by a recipient under subdivision 3 36.34 is pending or for the period of time necessary for the county 36.35 agency to implement the commissioner's order. 36.36 Sec. 51. Minnesota Statutes 1998, section 256.045, 37.1 subdivision 7, is amended to read: 37.2 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health 37.3 plan, any party who is aggrieved by an order of the commissioner 37.4 of human services, or the commissioner of health in appeals 37.5 within the commissioner's jurisdiction under subdivision 3b, or 37.6 the commissioner of children, families, and learning for matters 37.7 within the commissioner's jurisdiction under subdivision 3c, may 37.8 appeal the order to the district court of the county responsible 37.9 for furnishing assistance, or, in appeals under subdivision 3b, 37.10 the county where the maltreatment occurred, by serving a written 37.11 copy of a notice of appeal upon the commissioner and any adverse 37.12 party of record within 30 days after the date the commissioner 37.13 issued the order, the amended order, or order affirming the 37.14 original order, and by filing the original notice and proof of 37.15 service with the court administrator of the district court. 37.16 Service may be made personally or by mail; service by mail is 37.17 complete upon mailing; no filing fee shall be required by the 37.18 court administrator in appeals taken pursuant to this 37.19 subdivision, with the exception of appeals taken under 37.20 subdivision 3b. The commissioner may elect to become a party to 37.21 the proceedings in the district court. Except for appeals under 37.22 subdivision 3b, any party may demand that the commissioner 37.23 furnish all parties to the proceedings with a copy of the 37.24 decision, and a transcript of any testimony, evidence, or other 37.25 supporting papers from the hearing held before the human 37.26 services referee, by serving a written demand upon the 37.27 commissioner within 30 days after service of the notice of 37.28 appeal. Any party aggrieved by the failure of an adverse party 37.29 to obey an order issued by the commissioner under subdivision 5 37.30 may compel performance according to the order in the manner 37.31 prescribed in sections 586.01 to 586.12. 37.32 Sec. 52. Minnesota Statutes 1998, section 256.046, 37.33 subdivision 1, is amended to read: 37.34 Subdivision 1. [HEARING AUTHORITY.] A local agency shall37.35 must initiate an administrative fraud disqualification hearing 37.36 for individuals accused of wrongfully obtaining assistance or 38.1 intentional program violations, in lieu of a criminal action 38.2 when it has not been pursued, in the aid to families with 38.3 dependent children, MFIP-SMFIP, child care assistance programs, 38.4 general assistance, family general assistance, Minnesota 38.5 supplemental aid, medical care, or food stamp programs. The 38.6 hearing is subject to the requirements of section 256.045 and 38.7 the requirements in Code of Federal Regulations, title 7, 38.8 section 273.16, for the food stamp program and title 45, section 38.9 235.112, as of September 30, 1995, for the cash grant and 38.10 medical care programs. 38.11 Sec. 53. Minnesota Statutes 1998, section 256.741, 38.12 subdivision 4, is amended to read: 38.13 Subd. 4. [EFFECT OF ASSIGNMENT.] Assignments in this 38.14 section take effect upon a determination that the applicant is 38.15 eligible for public assistance. The amount of support assigned 38.16 under this subdivision may not exceed the total amount of public 38.17 assistance issued or the total support obligation, whichever is 38.18 less. Child care support collections made according to an 38.19 assignment under subdivision 2, paragraph (c), must be 38.20 transferreddeposited, subject to any limitations of federal 38.21 law, fromby the commissioner of human services in the child 38.22 support collection account in the special revenue fund and 38.23 appropriated to the commissioner of children, families, and 38.24 learning and dedicated to the child care fund under chapter 119B38.25 for child care assistance under section 119B.03. These 38.26 collections are in addition to state and federal funds 38.27 appropriated to the child care fund. 38.28 Sec. 54. Minnesota Statutes 1998, section 256.98, 38.29 subdivision 1, is amended to read: 38.30 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person 38.31 who commits any of the following acts or omissions with intent 38.32 to defeat the purposes of sections 145.891 to 145.897, 256.12, 38.33 256.031 to 256.361, 256.72 to 256.871, 256.9365, 256.94 to 38.34 256.966, child care, MFIP-SMFIP, chapter 256B, 256D, 256J, 38.35 256K, or256L, child care assistance programs, or all of these 38.36 sections, is guilty of theft and shall be sentenced under 39.1 section 609.52, subdivision 3, clauses (1) to (5): 39.2 (1) obtains or attempts to obtain, or aids or abets any 39.3 person to obtain by means of a willfully false statement or 39.4 representation, by intentional concealment of any material fact, 39.5 or by impersonation or other fraudulent device, assistance or 39.6 the continued receipt of assistance, to include child 39.7 care assistance or vouchers produced according to sections 39.8 145.891 to 145.897 and MinnesotaCare services according to 39.9 sections 256.9365, 256.94, and 256L.01 to 256L.16, to which the 39.10 person is not entitled or assistance greater than that to which 39.11 the person is entitled; 39.12 (2) knowingly aids or abets in buying or in any way 39.13 disposing of the property of a recipient or applicant of 39.14 assistance without the consent of the county agency; or 39.15 (3) obtains or attempts to obtain, alone or in collusion 39.16 with others, the receipt of payments to which the individual is 39.17 not entitled as a provider of subsidized child care, or by 39.18 furnishing or concurring in a willfully false claim for child 39.19 care assistance. 39.20 The continued receipt of assistance to which the person is 39.21 not entitled or greater than that to which the person is 39.22 entitled as a result of any of the acts, failure to act, or 39.23 concealment described in this subdivision shall be deemed to be 39.24 continuing offenses from the date that the first act or failure 39.25 to act occurred. 39.26 Sec. 55. Minnesota Statutes 1998, section 256.98, 39.27 subdivision 7, is amended to read: 39.28 Subd. 7. [DIVISION OF RECOVERED AMOUNTS.] Except for 39.29 recoveries under chapter 119B, if the state is responsible for 39.30 the recovery, the amounts recovered shall be paid to the 39.31 appropriate units of government as provided under section 39.32 256.863. If the recovery is directly attributable to a county, 39.33 the county may retain one-half of the nonfederal share of any 39.34 recovery from a recipient or the recipient's estate. 39.35 This subdivision does not apply to recoveries from medical 39.36 providers or to recoveries involving the department of human 40.1 services, surveillance and utilization review division, state 40.2 hospital collections unit, and the benefit recoveries division. 40.3 Sec. 56. Minnesota Statutes 1998, section 256.98, 40.4 subdivision 8, is amended to read: 40.5 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person 40.6 found to be guilty of wrongfully obtaining assistance by a 40.7 federal or state court or by an administrative hearing 40.8 determination, or waiver thereof, through a disqualification 40.9 consent agreement, or as part of any approved diversion plan 40.10 under section 401.065, or any court-ordered stay which carries 40.11 with it any probationary or other conditions, in the aid to 40.12 families with dependent children program, the Minnesota family 40.13 assistance program-statewide, the food stamp program, the 40.14 Minnesota family investment plan, child care program,the 40.15 general assistance or family general assistance program, or the 40.16 Minnesota supplemental aid program shall be disqualified from 40.17 that program. The needs of that individual shall not be taken 40.18 into consideration in determining the grant level for that 40.19 assistance unit: 40.20 (1) for one year after the first offense; 40.21 (2) for two years after the second offense; and 40.22 (3) permanently after the third or subsequent offense. 40.23 The period of program disqualification shall begin on the 40.24 date stipulated on the advance notice of disqualification 40.25 without possibility of postponement for administrative stay or 40.26 administrative hearing and shall continue through completion 40.27 unless and until the findings upon which the sanctions were 40.28 imposed are reversed by a court of competent jurisdiction. The 40.29 period for which sanctions are imposed is not subject to 40.30 review. The sanctions provided under this subdivision are in 40.31 addition to, and not in substitution for, any other sanctions 40.32 that may be provided for by law for the offense involved. A 40.33 disqualification established through hearing or waiver shall 40.34 result in the disqualification period beginning immediately 40.35 unless the person has become otherwise ineligible for 40.36 assistance. If the person is ineligible for assistance, the 41.1 disqualification period begins when the person again meets the 41.2 eligibility criteria of the program from which they were 41.3 disqualified and makes application for that program. 41.4 (b) A family receiving assistance through child care 41.5 assistance programs under chapter 119B with a family member who 41.6 is found to be guilty of wrongfully obtaining child care 41.7 assistance by a federal court, state court, or an administrative 41.8 hearing determination or waiver, through a disqualification 41.9 consent agreement, as part of an approved diversion plan under 41.10 section 401.065, or a court-ordered stay with probationary or 41.11 other conditions, is disqualified from child care assistance 41.12 programs. The disqualifications must be for periods of three 41.13 months, six months, and two years for the first, second, and 41.14 third offenses respectively. Subsequent violations must result 41.15 in permanent disqualification. During the disqualification 41.16 period, disqualification from any child care program must extend 41.17 to all child care programs and must be immediately applied. 41.18 Sec. 57. Minnesota Statutes 1998, section 256.983, 41.19 subdivision 3, is amended to read: 41.20 Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner 41.21 shall establish training programs which shall be attended by all 41.22 investigative and supervisory staff of the involved county 41.23 agencies. The commissioner shall also develop the necessary 41.24 operational guidelines, forms, and reporting mechanisms, which 41.25 shall be used by the involved county agencies. An individual's 41.26 application or redetermination form shallfor public assistance 41.27 benefits, including child care assistance programs and medical 41.28 care programs, must include an authorization for release by the 41.29 individual to obtain documentation for any information on that 41.30 form which is involved in a fraud prevention investigation. The 41.31 authorization for release would beis effective untilfor six 41.32 months after public assistance benefits have ceased. 41.33 Sec. 58. Minnesota Statutes 1998, section 256.983, 41.34 subdivision 4, is amended to read: 41.35 Subd. 4. [FUNDING.] (a) County agency reimbursement shall 41.36 be made through the settlement provisions applicable to the aid42.1 to families with dependent children program,food stamp program, 42.2 Minnesota family investment program-statewide, andMFIP, child 42.3 care assistance programs, the medical assistance program, and 42.4 other federal and state-funded programs. 42.5 (b) The commissioner will maintain program compliance if 42.6 for any three consecutive month period, a county agency fails to 42.7 comply with fraud prevention investigation program guidelines, 42.8 or fails to meet the cost-effectiveness standards developed by 42.9 the commissioner. This result is contingent on the commissioner 42.10 providing written notice, including an offer of technical 42.11 assistance, within 30 days of the end of the third or subsequent 42.12 month of noncompliance. The county agency shall be required to 42.13 submit a corrective action plan to the commissioner within 30 42.14 days of receipt of a notice of noncompliance. Failure to submit 42.15 a corrective action plan or, continued deviation from standards 42.16 of more than ten percent after submission of a corrective action 42.17 plan, will result in denial of funding for each subsequent 42.18 month, or billing the county agency for fraud prevention 42.19 investigation (FPI) service provided by the commissioner, or 42.20 reallocation of program grant funds, or investigative resources, 42.21 or both, to other counties. The denial of funding shall apply 42.22 to the general settlement received by the county agency on a 42.23 quarterly basis and shall not reduce the grant amount applicable 42.24 to the FPI project. 42.25 Sec. 59. Minnesota Statutes 1998, section 466.01, 42.26 subdivision 1, is amended to read: 42.27 Subdivision 1. [MUNICIPALITY.] For the purposes of 42.28 sections 466.01 to 466.15, "municipality" means any city, 42.29 whether organized under home rule charter or otherwise, any 42.30 county, town, public authority, public corporation, nonprofit 42.31 firefighting corporation that has associated with it a relief 42.32 association as defined in section 424A.001, subdivision 4, 42.33 special district, school district, however organized, county 42.34 agricultural society organized pursuant to chapter 38, joint 42.35 powers board or organization created under section 471.59 or 42.36 other statute, public library, regional public library system, 43.1 multicounty multitype library system, the following local 43.2 collaboratives whose plans have been approved by the children's 43.3 cabinet: family services collaborativecollaboratives 43.4 established under section 124D.23, children's mental health 43.5 collaboratives established under sections 245.491 to 245.496, or 43.6 a collaborative established by the merger of a children's mental 43.7 health collaborative and a family services collaborative, other 43.8 political subdivision, or community action agency. 43.9 Sec. 60. Laws 1997, chapter 162, article 2, section 28, 43.10 subdivision 6, is amended to read: 43.11 Subd. 6. [PROGRAM COMPONENTS.] An adolescent parenting 43.12 program must include: 43.13 (1) a high quality educational program provided in the 43.14 least restrictive environment that includes strategies to ensure 43.15 access to educational services, including flexible attendance 43.16 policies and class scheduling, and grants academic credit for 43.17 all work completed; 43.18 (2) to the extent possible, collaboration with other 43.19 governmental agencies and community-based organizations to 43.20 provide on-site support services, including child care; 43.21 (3) an individualized learning plan for each eligible 43.22 student that includes career goals; 43.23 (4) assurance of compliance with requirements of Public Law 43.24 Number 92-318, title IX, prohibiting discrimination against 43.25 students due to their pregnant or parenting status; 43.26 (5) courses in parent education and life skills; 43.27 (6) accountability measures for student performance linked 43.28 to graduation standards; 43.29 (7) professional development opportunities on adolescent 43.30 pregnancy and parenting issues and strategies to achieve 43.31 academic success with this student population; 43.32 (8) a system to document that adolescent parenting and 43.33 prevention support funds were used to provide support services 43.34 to eligible students; 43.35 (9) a comprehensive assessment of the district's adolescent 43.36 pregnancy prevention programs and recommendations for 44.1 improvements; 44.2 (10) a system for collecting and reporting specific student 44.3 data, including goals and outcome measurements; and44.4 (11) a program advisory council, which may consist of an 44.5 existing local council; and 44.6 (12) transportation options for parents and their children, 44.7 including allowing transportation on district buses along 44.8 existing routes. 44.9 Sec. 61. [PLAN FOR INTEGRATION.] 44.10 The commissioner of children, families, and learning shall 44.11 develop a plan for integrating child care and early childhood 44.12 education programs and services. The plan must focus on 44.13 cost-efficient delivery of services and address central location 44.14 of programs, integration of programs, ease of accessibility to 44.15 services by families, nontraditional hours of child care, infant 44.16 care, sick child care, special needs child care, and legislative 44.17 simplification of programs. The commissioner shall consult with 44.18 representatives from a variety of for-profit, nonprofit, and 44.19 publicly funded child care and early childhood education 44.20 programs and services in developing the plan. The plan must 44.21 contain budget recommendations, proposed legislation in draft 44.22 form, and recommendations for financial incentives to reward 44.23 programs that provide cooperative services. The commissioner 44.24 must report on the plan by January 15, 2001, to the senate and 44.25 house committees having jurisdiction over child care and early 44.26 childhood education programs. 44.27 Sec. 62. [PRETAX CHILD CARE ACCOUNTS; ASSISTANCE FOR 44.28 EMPLOYERS.] 44.29 The commissioner of children, families, and learning in 44.30 cooperation with the commissioner of revenue must provide 44.31 assistance to support parental choice in child care through 44.32 increased availability of pretax child care accounts. The 44.33 commissioner may use a portion of the available Child Care and 44.34 Development Fund to provide assistance under this section. The 44.35 assistance must encourage employers to participate by 44.36 establishing accounts for their employees. Assistance may 45.1 include technical assistance, workshops for employers or 45.2 employees on the advantages of pretax accounts, and other types 45.3 of promotional material or assistance. The commissioner must 45.4 report to the legislature by February 1, 2000, on progress under 45.5 this section. 45.6 Sec. 63. [PARENT FEE SCHEDULE.] 45.7 The commissioner of children, families, and learning shall 45.8 amend the parent fee schedule in Minnesota Rules, chapter 3400, 45.9 to do the following: 45.10 (1) parent fees for families with incomes between 101.01 45.11 percent of the federal poverty guidelines and 35 percent of the 45.12 state median income must equal 2.20 percent of adjusted gross 45.13 income for families at 35 percent of the state median income; 45.14 (2) parent fees for families with incomes between 35.01 45.15 percent state median income and 42 percent of the state median 45.16 income must equal 2.70 percent of adjusted gross income for 45.17 families at 42 percent of the state median income; 45.18 (3) parent fees for families with incomes between 42.01 45.19 percent state median income and 75 percent of the state median 45.20 income must begin at 3.75 percent of adjusted gross income and 45.21 provide for graduated movement of fee increases; and 45.22 (4) parent fees for families at 75 percent of state median 45.23 income must equal 20.0 percent of gross annual income. 45.24 Sec. 64. [CHILDHOOD LEARNING MATERIALS; CONTRIBUTIONS.] 45.25 The commissioner of children, families, and learning shall 45.26 initiate contacts with businesses and other organizations to 45.27 encourage them to donate materials designed to help families 45.28 interact with their children during the first four years of life 45.29 in ways that will help develop the skills and abilities 45.30 necessary to succeed in reading and in school. The goal of this 45.31 cooperative effort shall be to provide learning materials for 45.32 children under age five through an alliance of business, 45.33 nonprofit organizations, and government. The commissioner shall 45.34 provide testimony on the status of this project by February 1, 45.35 2000, to the house and senate committees with jurisdiction over 45.36 family and early childhood education. 46.1 Sec. 65. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 46.2 FISCAL YEAR 2000.] 46.3 A district that complies with Minnesota Statutes, section 46.4 124D.13, shall receive additional early childhood family 46.5 education aid for fiscal year 2000 equal to $2.46 times the 46.6 greater of: 46.7 (1) 150; or 46.8 (2) the number of people under five years of age residing 46.9 in the school district on October 1 of the previous school 46.10 year. The additional early childhood family education aid may 46.11 be used only for early childhood family education programs. 46.12 Sec. 66. [CONSOLIDATION PLAN.] 46.13 The commissioner of children, families, and learning shall 46.14 identify potential obstacles to the consolidation of MFIP, 46.15 transition year, and basic sliding fee child care programs into 46.16 one child care assistance program and shall study ways to 46.17 achieve this consolidation during the 2002-2003 biennium. The 46.18 commissioner shall testify before relevant house and senate 46.19 committees on this matter during the year 2000 session. 46.20 Sec. 67. [STATE MONEY TO BE USED AS MATCH FOR 46.21 WELFARE-TO-WORK GRANT MONEY.] 46.22 The commissioner of finance shall examine all relevant 46.23 state expenditures authorized for fiscal years 2000 and 2001 to 46.24 determine whether any expenditures can be used to provide a 46.25 state match to obtain federal Welfare-to-Work funds. If the 46.26 commissioner determines that any state expenditures can be used 46.27 for this purpose in a manner that does not compromise the 46.28 state's TANF maintenance-of-effort and is consistent with the 46.29 state's fiscal policies and practices, the commissioner shall 46.30 direct the appropriate agencies to take the actions necessary to 46.31 track, document, and verify the designated state expenditures in 46.32 order to qualify for and use up to $5,000,000 in state 46.33 expenditures for use as a match for federal Welfare-to-Work 46.34 funds. 46.35 Sec. 68. [TRANSFER OF PROGRAMS.] 46.36 The powers and duties of the department of children, 47.1 families, and learning with respect to drug policy and violence 47.2 prevention under Minnesota Statutes 1998, sections 119A.25, 47.3 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33, 47.4 and 119A.34, are transferred to the department of public safety 47.5 under Minnesota Statutes, section 15.039. 47.6 Sec. 69. [INCONSISTENT AMENDMENTS.] 47.7 The amendments in this article to Minnesota Statutes 1998, 47.8 sections 119B.01, subdivisions 15 and 16; 119B.03, subdivision 47.9 4; 119B.05, subdivision 1; 119B.07; 119B.08, subdivision 3; 47.10 119B.09, subdivisions 1, 3, and 7; 119B.14; and 119B.15 prevail 47.11 over the amendments to the same provisions of Minnesota Statutes 47.12 1998 that are contained in the 1999 S. F. No. 1585, if enacted. 47.13 Sec. 70. [REVISOR INSTRUCTION.] 47.14 (a) The revisor of statutes shall change the headnote of 47.15 Minnesota Statutes, section 119B.05, from "AFDC CHILD CARE 47.16 PROGRAM" to "MFIP CHILD CARE ASSISTANCE PROGRAM" and the 47.17 headnote of Minnesota Statutes, section 125A.35, from "EARLY 47.18 INTERVENTION FLOW-THROUGH DOLLARS" to "EARLY INTERVENTION 47.19 SERVICE DOLLARS." 47.20 (b) The revisor of statutes shall change the term "learning 47.21 readiness" to "school readiness" wherever it appears in 47.22 Minnesota Statutes and Minnesota Rules in connection with the 47.23 learning readiness programs regulated under Minnesota Statutes, 47.24 chapter 124D. 47.25 Sec. 71. [APPROPRIATIONS.] 47.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 47.27 LEARNING.] The sums indicated in this section are appropriated 47.28 from the general fund to the department of children, families, 47.29 and learning for the fiscal years designated. 47.30 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 47.31 for learning readiness programs according to Minnesota Statutes, 47.32 sections 124D.15 and 124D.16: 47.33 $10,395,000 ..... 2000 47.34 $10,395,000 ..... 2001 47.35 The 2000 appropriation includes $1,040,000 for 1999 and 47.36 $9,355,000 for 2000. 48.1 The 2001 appropriation includes $1,040,000 for 2000 and 48.2 $9,355,000 for 2001. 48.3 Any balance in the first year does not cancel but is 48.4 available in the second year. 48.5 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 48.6 childhood family education aid according to Minnesota Statutes, 48.7 section 124D.135: 48.8 $20,485,000 ..... 2000 48.9 $19,420,000 ..... 2001 48.10 The 2000 appropriation includes $1,390,000 for 1999 and 48.11 $19,095,000 for 2000. 48.12 The 2001 appropriation includes $2,122,000 for 2000 and 48.13 $17,298,000 for 2001. 48.14 Any balance in the first year does not cancel but is 48.15 available in the second year. 48.16 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 48.17 health and developmental screening aid according to Minnesota 48.18 Statutes, sections 121A.17 and 121A.19: 48.19 $2,450,000 ..... 2000 48.20 $2,650,000 ..... 2001 48.21 The 2000 appropriation includes $155,000 for 1999 and 48.22 $2,295,000 for 2000. 48.23 The 2001 appropriation includes $255,000 for 2000 and 48.24 $2,395,000 for 2001. 48.25 Any balance in the first year does not cancel but is 48.26 available in the second year. 48.27 Subd. 5. [WAY TO GROW.] For grants for existing way to 48.28 grow programs according to Minnesota Statutes, section 124D.17: 48.29 $475,000 ..... 2000 48.30 $475,000 ..... 2001 48.31 Any balance in the first year does not cancel but is 48.32 available in the second year. 48.33 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 48.34 according to Minnesota Statutes, section 119A.52: 48.35 $18,375,000 ..... 2000 48.36 $18,375,000 ..... 2001 49.1 $1,000,000 each year must be used for grants to local Head 49.2 Start agencies for full-year programming for children ages 0 to 49.3 3. Programs must comply with applicable federal Head Start 49.4 performance standards. Grantees may use state grant funds to 49.5 provide services in addition to those allowed under federal Head 49.6 Start regulations. In awarding grants, the commissioner must 49.7 give priority to continue existing programs. Any additional 49.8 money must be distributed to local Head Start agencies to expand 49.9 full-year programming for children ages 0 to 3. 49.10 Any balance in the first year does not cancel but is 49.11 available in the second year. 49.12 Subd. 7. [SCHOOL AGE CARE AID.] For extended day aid 49.13 according to Minnesota Statutes, section 124D.22: 49.14 $274,000 ..... 2000 49.15 $216,000 ..... 2001 49.16 The 2000 appropriation includes $30,000 for 1999 and 49.17 $244,000 for 2000. 49.18 The 2001 appropriation includes $27,000 for 2000 and 49.19 $189,000 for 2001. 49.20 Any balance in the first year does not cancel but is 49.21 available in the second year. 49.22 Subd. 8. [BASIC SLIDING FEE CHILD CARE.] For child care 49.23 assistance according to Minnesota Statutes, section 119B.03: 49.24 $21,621,000 ..... 2000 49.25 $22,377,000 ..... 2001 49.26 Six months before the end of the biennium, the commissioner 49.27 must estimate the amount of biennial expenditures from the 49.28 allocation for assistance under the at-home infant care 49.29 program. The commissioner must transfer the amount of any 49.30 projected surplus allocation to the basic sliding fee program. 49.31 Of the amount set aside under section 119B.061 for the at-home 49.32 infant care program, up to $25,000 must be used to develop and 49.33 provide information under section 119B.061, subdivision 5. 49.34 Any balance in the first year does not cancel but is 49.35 available in the second year. 49.36 The fiscal year 2002 and 2003 base is $62,199,000 each 50.1 year. Of this amount, $51,999,000 is from the general fund and 50.2 $10,200,000 is from the federal TANF block grant. 50.3 Subd. 9. [MFIP CHILD CARE.] For child care assistance 50.4 according to Minnesota Statutes, section 119B.05: 50.5 $86,318,000 ..... 2000 50.6 $88,443,000 ..... 2001 50.7 Any balance in the first year does not cancel but is 50.8 available in the second year. 50.9 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 50.10 development grants according to Minnesota Statutes, section 50.11 119B.21: 50.12 $1,865,000 ..... 2000 50.13 $1,865,000 ..... 2001 50.14 Any balance in the first year does not cancel but is 50.15 available in the second year. 50.16 Sec. 72. [FEDERAL TANF TRANSFERS.] 50.17 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 50.18 LEARNING.] The sums indicated in this section are transferred 50.19 from the federal TANF fund to the child care and development 50.20 fund and appropriated to the department of children, families, 50.21 and learning for the fiscal years designated. The commissioner 50.22 shall ensure that all transferred funds are expended in 50.23 accordance with the child care and development fund regulations 50.24 and that the maximum allowable transferred funds are used for 50.25 the programs in this section. 50.26 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 50.27 assistance according to Minnesota Statutes, section 119B.03: 50.28 $37,985,000 ..... 2000 50.29 $37,986,000 ..... 2001 50.30 Any balance the first year does not cancel but is available 50.31 in the second year. The fiscal year 2002 and 2003 base is 50.32 $62,199,000 each year. Of this amount, $51,999,000 is from the 50.33 general fund and $10,200,000 is from the federal TANF block 50.34 grant. 50.35 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 50.36 uninterrupted assistance under Minnesota Statutes, section 51.1 119B.03, for families completing transition year child care 51.2 assistance in fiscal year 2000: 51.3 $2,500,000 ..... 2000 51.4 This is a one-time appropriation. Any balance the first 51.5 year does not cancel but is available in the second year. 51.6 Subd. 4. [CHILD CARE DEVELOPMENT.] For child care 51.7 development activities: 51.8 $1,130,000 ..... 2000 51.9 $__449,000 ..... 2001 51.10 $100,000 of the 2000 appropriation is for a grant to a 51.11 nonprofit corporation under Minnesota Statutes, section 119B.25, 51.12 for purposes that are eligible for funding under the Child Care 51.13 and Development Fund, including improvements to child care 51.14 facilities, business planning, and development of licensed child 51.15 care. 51.16 Up to $20,000 of the fiscal year 2000 appropriation is for 51.17 assistance to establish pretax child care accounts in section 62. 51.18 These are one-time appropriations. Any balance in the 51.19 first year does not cancel but is available in the second year. 51.20 Subd. 5. [PROGRAM INTEGRITY.] For administrative costs of 51.21 program integrity and fraud prevention for child care assistance 51.22 programs under chapter 119B: 51.23 $175,000 ..... 2000 51.24 $175,000 ..... 2001 51.25 This must be a base general fund appropriation for fiscal 51.26 years 2002 and 2003. 51.27 Sec. 73. [REPEALER.] 51.28 (a) Minnesota Statutes 1998, sections 119B.01, subdivision 51.29 15; 119B.03, subdivision 7; 119B.05, subdivisions 6 and 7; 51.30 119B.075; 119B.17; and 124D.14, are repealed. 51.31 (b) Section 63 is repealed on the effective date of the 51.32 specified rule changes in Minnesota Rules, chapter 3400. 51.33 ARTICLE 2 51.34 COMMUNITY AND SYSTEMS CHANGE 51.35 Section 1. Minnesota Statutes 1998, section 124D.20, 51.36 subdivision 5, is amended to read: 52.1 Subd. 5. [COMMUNITY EDUCATION LEVY.] To obtain community 52.2 education revenue, a district may levy the amount raised by a 52.3 tax rate of .41.4795 percent times the adjusted net tax 52.4 capacity of the district. If the amount of the community 52.5 education levy would exceed the community education revenue, the 52.6 community education levy shall be determined according to 52.7 subdivision 6. 52.8 Sec. 2. Laws 1997, First Special Session chapter 4, 52.9 article 1, section 61, subdivision 2, is amended to read: 52.10 Subd. 2. [TAX RATE ADJUSTMENT.] For taxes payable in 1998 52.11 and 1999, the commissioner shall adjust each tax rate 52.12 established under Minnesota Statutes, chapters 124 and 124A52.13 120B, 122A, 123A, 123B, 124D, 125A, 126C, and 127A, by 52.14 multiplying the rate by the ratio of the statewide tax capacity 52.15 as calculated using the class rates in effect for assessment 52.16 year 1996 to the statewide tax capacity using the class rates 52.17 for that assessment year. 52.18 Sec. 3. Laws 1997, First Special Session chapter 4, 52.19 article 1, section 61, subdivision 3, as amended by Laws 1998, 52.20 chapter 398, article 1, section 41, is amended to read: 52.21 Subd. 3. [EQUALIZING FACTORS.] For taxes payable in 1998 52.22 and 1999, the commissioner shall adjust each equalizing factor 52.23 established using adjusted net tax capacity per actual pupil 52.24 unit under Minnesota Statutes, chapters 124 and 124A120B, 122A, 52.25 123A, 123B, 124D, 125A, 126C, and 127A, by dividing the 52.26 equalizing factor by the ratio of the statewide tax capacity as 52.27 calculated using the class rates in effect for assessment year 52.28 1996 to the statewide tax capacity using the class rates for 52.29 that assessment year. 52.30 Sec. 4. [APPROPRIATIONS.] 52.31 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 52.32 LEARNING.] The sums indicated in this section are appropriated 52.33 from the general fund to the department of children, families, 52.34 and learning for the fiscal years designated. 52.35 Subd. 2. [FAMILY COLLABORATIVES.] For family 52.36 collaboratives according to Laws 1995, First Special Session 53.1 chapter 3, article 4, section 29, subdivision 10: 53.2 $4,777,000 ..... 2000 53.3 $2,535,000 ..... 2001 53.4 No new family services collaboratives shall be funded with 53.5 this appropriation after June 30, 1999. 53.6 Any balance in the first year does not cancel but is 53.7 available in the second year. 53.8 Subd. 3. [COMMUNITY EDUCATION AID.] For community 53.9 education aid according to Minnesota Statutes, section 124D.20: 53.10 $14,136,000 ..... 2000 53.11 $14,696,000 ..... 2001 53.12 The 2000 appropriation includes $160,000 for 1999 and 53.13 $13,976,000 for 2000. 53.14 The 2001 appropriation includes $1,552,000 for 2000 and 53.15 $13,144,000 for 2001. 53.16 Any balance in the first year does not cancel but is 53.17 available in the second year. 53.18 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 53.19 adults with disabilities programs according to Minnesota 53.20 Statutes, section 124D.56: 53.21 $670,000 ..... 2000 53.22 $670,000 ..... 2001 53.23 Any balance in the first year does not cancel but is 53.24 available in the second year. 53.25 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 53.26 hearing-impaired adults according to Minnesota Statutes, section 53.27 124D.57: 53.28 $70,000 ..... 2000 53.29 $70,000 ..... 2001 53.30 Any balance in the first year does not cancel but is 53.31 available in the second year. 53.32 Subd. 6. [FIRST CALL MINNESOTA.] For a grant to First Call 53.33 Minnesota to operate a statewide system of information and 53.34 referral for community services: 53.35 $ 50,000 ..... 2000 53.36 This is a one-time appropriation. 54.1 ARTICLE 3 54.2 PREVENTION AND INTERVENTION 54.3 Section 1. [124D.221] [AFTER-SCHOOL ENRICHMENT PROGRAMS.] 54.4 Subdivision 1. [ESTABLISHMENT.] A competitive statewide 54.5 after-school enrichment grant program is established to provide 54.6 implementation grants to community or nonprofit organizations, 54.7 to political subdivisions, or to school-based programs. The 54.8 commissioner shall develop criteria for after-school enrichment 54.9 programs. 54.10 Subd. 2. [PRIORITY NEIGHBORHOODS.] For grants in 54.11 Minneapolis and St. Paul, the commissioner must give priority to 54.12 neighborhoods in this subdivision. In Minneapolis, priority 54.13 neighborhoods are Near North, Hawthorne, Sumner-Glenwood, 54.14 Harrison, Jordan, Powderhorn, Central, Whittier, Cleveland, 54.15 McKinley, Waite Park, Sheridan, Holland, and Phillips. In St. 54.16 Paul, priority neighborhoods are Summit-University, Thomas-Dale, 54.17 North End, Payne-Phalen, Daytons Bluff, and the West Side. 54.18 Subd. 3. [PROGRAM OUTCOMES.] The expected outcomes of the 54.19 after-school enrichment programs are to: 54.20 (1) increase the number of children participating in 54.21 adult-supervised programs in nonschool hours; 54.22 (2) support academic achievement, including the areas of 54.23 reading and math; 54.24 (3) reduce the amount of juvenile crime; 54.25 (4) increase school attendance and reduce the number of 54.26 school suspensions; 54.27 (5) increase the number of youth engaged in community 54.28 service and other activities designed to support character 54.29 improvement, strengthen families, and instill community values; 54.30 (6) increase skills in technology, the arts, sports, and 54.31 other activities; and 54.32 (7) increase and support the academic achievement and 54.33 character development of adolescent parents. 54.34 Subd. 4. [PLAN.] An applicant shall develop a plan for an 54.35 after-school enrichment program for youth. The plan must 54.36 include: 55.1 (1) collaboration with and leverage of existing community 55.2 resources that have demonstrated effectiveness; 55.3 (2) creative outreach to children and youth; 55.4 (3) involvement of local governments, including park and 55.5 recreation boards or schools, unless no government agency is 55.6 appropriate; 55.7 (4) community control over the design of the enrichment 55.8 program; and 55.9 (5) identification of the sources of nonpublic funding. 55.10 Subd. 5. [PLAN APPROVAL; GRANTS.] An applicant shall 55.11 submit a plan developed under subdivision 4 to the commissioner 55.12 for approval. The commissioner shall award a grant for the 55.13 implementation of an approved plan. 55.14 Sec. 2. Minnesota Statutes 1998, section 124D.33, 55.15 subdivision 3, is amended to read: 55.16 Subd. 3. [EXPECTED OUTCOMES.] Grant recipients must use 55.17 the funds for programs designed to prevent teen pregnancy and to 55.18 prevent crime in the long term. Recipient programs must assist55.19 youth todemonstrate the following outcomes: 55.20 (1) a reduction in the incidence of teen pregnancy; 55.21 (2) an increase in the establishment of paternity, 55.22 especially through the recognition of parentage process; 55.23 (3) an increase in the number of child support orders and 55.24 collection; 55.25 (4) an understanding of early childhood development, 55.26 including the importance of fathers in the lives of children; 55.27 (1) understand(5) an understanding of the connection 55.28 between sexual behavior, adolescent pregnancy, and the roles and 55.29 responsibilities of marriage and parenting; 55.30 (6) an understanding that abstinence is the only completely 55.31 safe means of sexual protection; and 55.32 (2) understand(7) an understanding of the long-term 55.33 responsibility of fatherhood ;. 55.34 (3) understand the importance of fathers in the lives of55.35 children;55.36 (4) acquire parenting skills and knowledge of child56.1 development; and56.2 (5) find community support for their roles as fathers and56.3 nurturers of children.56.4 Sec. 3. Minnesota Statutes 1998, section 124D.33, 56.5 subdivision 4, is amended to read: 56.6 Subd. 4. [GRANT APPLICATIONS.] (a) An application for a 56.7 grant may be submitted by a youth or parenting program whose 56.8 purpose is to reduce teen pregnancy or teach child development 56.9 and parenting skills in collaboration with a district. Each 56.10 grant application must include a description of the program's 56.11 structure and components, including collaborative and outreach 56.12 efforts; an implementation and evaluation plan to measure the 56.13 program's success; a plan for using males as instructors and 56.14 mentors; and a cultural diversity plan to ensure that staff or 56.15 teachers will reflect the cultural backgrounds of the population 56.16 served and that the program content is culturally sensitive. 56.17 (b) Grant recipients must, at a minimum, provide education 56.18 in responsible parenting and child development, responsible 56.19 decision-making related to marriage and relationships, and the 56.20 legal implications of paternity. Grant recipients also must 56.21 provide public awareness efforts in the collaborating school 56.22 district. Grant recipients may offer support groups, health and 56.23 nutrition education, and mentoring and peer teaching. 56.24 (c) A grant applicant must establish an advisory committee 56.25 to assist the applicant in planning and implementation of a 56.26 grant. The advisory committee must include student 56.27 representatives, adult males from the community, representatives 56.28 of community organizations, teachers, parent educators, and 56.29 representatives of family social service agencies. 56.30 (d) A grant applicant must detail in its application how it 56.31 will evaluate the effectiveness of its program, including how it 56.32 will collect data to establish whether the expected outcomes 56.33 have been met. The applicant must report the data it collects 56.34 to the commissioner semiannually. 56.35 Sec. 4. Minnesota Statutes 1998, section 171.29, 56.36 subdivision 2, is amended to read: 57.1 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 57.2 license has been revoked as provided in subdivision 1, except 57.3 under section 169.121 or 169.123, shall pay a $30 fee before the 57.4 driver's license is reinstated. 57.5 (b) A person whose driver's license has been revoked as 57.6 provided in subdivision 1 under section 169.121 or 169.123 shall 57.7 pay a $250 fee plus a $40 surcharge before the driver's license 57.8 is reinstated. The $250 fee is to be credited as follows: 57.9 (1) Twenty percent shall be credited to the trunk highway 57.10 fund. 57.11 (2) Fifty-five percent shall be credited to the general 57.12 fund. 57.13 (3) Eight percent shall be credited to a separate account 57.14 to be known as the bureau of criminal apprehension account. 57.15 Money in this account may be appropriated to the commissioner of 57.16 public safety and the appropriated amount shall be apportioned 57.17 80 percent for laboratory costs and 20 percent for carrying out 57.18 the provisions of section 299C.065. 57.19 (4) Twelve percent shall be credited to a separate account 57.20 to be known as the alcohol-impaired driver education account. 57.21 Money in the account is appropriated as follows: 57.22 (i) The first $200,000 in a fiscal year is to the 57.23 commissioner of children, families, and learning for programs in57.24 for elementary and secondary schoolsschool students. 57.25 (ii) The remainder credited in a fiscal year is 57.26 appropriated to the commissioner of transportation to be spent 57.27 as grants to the Minnesota highway safety center at St. Cloud 57.28 State University for programs relating to alcohol and highway 57.29 safety education in elementary and secondary schools. 57.30 (5) Five percent shall be credited to a separate account to 57.31 be known as the traumatic brain injury and spinal cord injury 57.32 account. The money in the account is annually appropriated to 57.33 the commissioner of health to be used as follows: 35 percent 57.34 for a contract with a qualified community-based organization to 57.35 provide information, resources, and support to assist persons 57.36 with traumatic brain injury and their families to access 58.1 services, and 65 percent to maintain the traumatic brain injury 58.2 and spinal cord injury registry created in section 144.662. For 58.3 the purposes of this clause, a "qualified community-based 58.4 organization" is a private, not-for-profit organization of 58.5 consumers of traumatic brain injury services and their family 58.6 members. The organization must be registered with the United 58.7 States Internal Revenue Service under the provisions of section 58.8 501(c)(3) as a tax-exempt organization and must have as its 58.9 purposes: 58.10 (i) the promotion of public, family, survivor, and 58.11 professional awareness of the incidence and consequences of 58.12 traumatic brain injury; 58.13 (ii) the provision of a network of support for persons with 58.14 traumatic brain injury, their families, and friends; 58.15 (iii) the development and support of programs and services 58.16 to prevent traumatic brain injury; 58.17 (iv) the establishment of education programs for persons 58.18 with traumatic brain injury; and 58.19 (v) the empowerment of persons with traumatic brain injury 58.20 through participation in its governance. 58.21 No patient's name, identifying information or identifiable 58.22 medical data will be disclosed to the organization without the 58.23 informed voluntary written consent of the patient or patient's 58.24 guardian, or if the patient is a minor, of the parent or 58.25 guardian of the patient. 58.26 (c) The $40 surcharge shall be credited to a separate 58.27 account to be known as the remote electronic alcohol monitoring 58.28 program account. The commissioner shall transfer the balance of 58.29 this account to the commissioner of finance on a monthly basis 58.30 for deposit in the general fund. 58.31 (d) When these fees are collected by a county-operated 58.32 office of deputy registrar, a handling charge is imposed in the 58.33 amount specified under section 168.33, subdivision 7. The 58.34 handling charge must be deposited in the treasury of the place 58.35 for which the deputy registrar was appointed and the 58.36 reinstatement fees and surcharge must be deposited in an 59.1 approved state depository as directed under section 168.33, 59.2 subdivision 2. 59.3 Sec. 5. [APPROPRIATIONS.] 59.4 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 59.5 LEARNING.] The sums indicated in this section are appropriated 59.6 from the general fund, unless otherwise indicated, to the 59.7 department of children, families, and learning for the fiscal 59.8 years designated. 59.9 Subd. 2. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 59.10 violence prevention education grants according to Minnesota 59.11 Statutes, section 120B.23: 59.12 $1,450,000 ..... 2000 59.13 $1,450,000 ..... 2001 59.14 Any balance in the first year does not cancel but is 59.15 available in the second year. 59.16 Subd. 3. [ABUSED CHILDREN.] For abused children programs 59.17 according to Minnesota Statutes, section 119A.21: 59.18 $945,000 ..... 2000 59.19 $945,000 ..... 2001 59.20 Any balance in the first year does not cancel but is 59.21 available in the second year. 59.22 Subd. 4. [CHILDREN'S TRUST FUND.] For children's trust 59.23 fund according to Minnesota Statutes, sections 119A.12 and 59.24 119A.13: 59.25 $225,000 ..... 2000 59.26 $225,000 ..... 2001 59.27 Any balance in the first year does not cancel but is 59.28 available in the second year. 59.29 Subd. 5. [AFTER-SCHOOL ENRICHMENT GRANTS.] For after 59.30 school enrichment grants according to Laws 1996, chapter 412, 59.31 article 4, section 30: 59.32 $5,260,000 ..... 2000 59.33 $5,260,000 ..... 2001 59.34 Of this amount, $200,000 each year is for programs that 59.35 make state armories available to communities for youth 59.36 recreational and enrichment activities. 60.1 Any balance in the first year does not cancel but is 60.2 available in the second year. 60.3 In fiscal year 2002 and 2003, the base for this program is 60.4 $5,510,000 from the general fund each year. 60.5 Subd. 6. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 60.6 funds received under Minnesota Statutes, section 171.29, 60.7 subdivision 2, paragraph (b), clause (4): 60.8 $200,000 ..... 2000 60.9 $200,000 ..... 2001 60.10 (b) These appropriations are from the alcohol-impaired 60.11 driver account of the special revenue fund to the department of 60.12 children, families, and learning for chemical abuse prevention 60.13 grants. 60.14 (c) Up to $150,000 each year may be used for chemical abuse 60.15 prevention grants to provide a match for a community 60.16 collaborative project for children and youth developed by a 60.17 regional organization established under Minnesota Statutes. 60.18 The regional organization must include a broad cross 60.19 section of public and private sector community representatives 60.20 to address specific community needs of children and youth. A 60.21 regional organization that receives a grant must provide a 60.22 two-to-one match of nonstate dollars. 60.23 (d) $50,000 each year is for grants to a nonprofit 60.24 organization to fund culturally appropriate prevention programs 60.25 for American Indian youth and families and urban American Indian 60.26 communities. 60.27 In addition, $200,000 of the amount of special revenue 60.28 funds carried forward for fiscal year 2000 may be used in fiscal 60.29 years 2000 and 2001 for grants under this paragraph. 60.30 Subd. 7. [FAMILY VISITATION CENTERS.] (a) For family 60.31 visitation centers according to Minnesota Statutes, section 60.32 119A.37: 60.33 $200,000 ..... 2000 60.34 $200,000 ..... 2001 60.35 Any balance in the first year does not cancel but is 60.36 available in the second year. 61.1 (b) An additional $96,000 in fiscal year 2000 and $96,000 61.2 in fiscal year 2001 is appropriated from the special revenue 61.3 fund under Minnesota Statutes, section 517.08, subdivision 1c, 61.4 for family visitation centers. Any balance in the first year 61.5 does not cancel but is available for the second year. 61.6 Subd. 8. [ADOLESCENT PARENTING GRANTS.] For grants to 61.7 reduce long-term welfare dependency and promote self-sufficiency 61.8 among adolescent parents under Laws 1997, chapter 162, article 61.9 2, section 28: 61.10 $1,000,000 ..... 2000 61.11 Any balance in the first year does not cancel but is 61.12 available in the second year. 61.13 $200,000 of this appropriation is one time and is not to be 61.14 added to the base. 61.15 Subd. 9. [MALE RESPONSIBILITY AND FATHERING GRANTS.] For 61.16 grants according to Minnesota Statutes, section 124D.33: 61.17 $250,000 ..... 2000 61.18 $250,000 ..... 2001 61.19 Any balance in the first year does not cancel but is 61.20 available in the second year. 61.21 ARTICLE 4 61.22 SELF-SUFFICIENCY AND LIFELONG LEARNING 61.23 Section 1. Minnesota Statutes 1998, section 16B.405, 61.24 subdivision 2, is amended to read: 61.25 Subd. 2. [SOFTWARE SALE FUND.] (a) Except as provided in 61.26 paragraph (b)paragraphs (b) and (c), proceeds of the sale or 61.27 licensing of software products or services by the commissioner 61.28 must be credited to the intertechnologies revolving fund. If a 61.29 state agency other than the department of administration has 61.30 contributed to the development of software sold or licensed 61.31 under this section, the commissioner may reimburse the agency by 61.32 discounting computer services provided to that agency. 61.33 (b) Proceeds of the sale or licensing of software products 61.34 or services developed by the pollution control agency, or custom 61.35 developed by a vendor for the agency, must be credited to the 61.36 environmental fund. 62.1 (c) Proceeds of the sale or licensing of software products 62.2 or services developed by the department of children, families, 62.3 and learning, or custom developed by a vendor for the agency, to 62.4 support the achieved savings assessment program, must be 62.5 appropriated to the commissioner of children, families, and 62.6 learning and credited to the weatherization program to support 62.7 weatherization activities. 62.8 Sec. 2. Minnesota Statutes 1998, section 122A.26, is 62.9 amended by adding a subdivision to read: 62.10 Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding 62.11 subdivision 2, a person who possesses a bachelor's or master's 62.12 degree in English as a second language, applied linguistics, or 62.13 bilingual education, or who possesses a related degree as 62.14 approved by the commissioner, shall be permitted to teach 62.15 English as a second language in an adult basic education program 62.16 that receives funding under section 124D.53. 62.17 Sec. 3. Minnesota Statutes 1998, section 124D.52, is 62.18 amended by adding a subdivision to read: 62.19 Subd. 4. [ENGLISH AS A SECOND LANGUAGE PROGRAMS.] Persons 62.20 may teach English as a second language classes conducted at a 62.21 worksite, if they meet the requirements of section 122A.19, 62.22 subdivision 1, clause (a), regardless of whether they are 62.23 licensed teachers. Persons teaching English as a second 62.24 language for an approved adult basic education program must 62.25 possess a bachelor's or master's degree in English as a second 62.26 language, applied linguistics, or bilingual education, or a 62.27 related degree as approved by the commissioner. 62.28 Sec. 4. Minnesota Statutes 1998, section 124D.52, is 62.29 amended by adding a subdivision to read: 62.30 Subd. 5. [BASIC SERVICE LEVEL.] A district, or a 62.31 consortium of districts, with a program approved by the 62.32 commissioner under subdivision 2 must establish, in consultation 62.33 with the commissioner, a basic level of service for every adult 62.34 basic education site in the district or consortium. The basic 62.35 service level must describe minimum levels of academic 62.36 instruction and support services to be provided at each site. 63.1 The program must set a basic service level that promotes 63.2 effective learning and student achievement with measurable 63.3 results. Each district or consortium of districts must submit 63.4 its basic service level to the commissioner for approval. 63.5 Sec. 5. Minnesota Statutes 1998, section 124D.53, 63.6 subdivision 3, is amended to read: 63.7 Subd. 3. [AID.] Adult basic education aid for each 63.8 approved program equals 65 percent of the general education63.9 formula allowance$2,295 for fiscal year 2000 and $2,338 for 63.10 fiscal year 2001 and later fiscal years times the number of 63.11 full-time equivalent students in its adult basic education 63.12 program during the first prior program year. 63.13 Sec. 6. Minnesota Statutes 1998, section 124D.53, is 63.14 amended by adding a subdivision to read: 63.15 Subd. 7. [BASIC POPULATION AID.] A district with a 63.16 population of less than 30,000 is eligible for basic population 63.17 aid if: (1) the district levied for adult basic education for 63.18 revenue in fiscal year 1999; and (2) the district has a basic 63.19 service level approved by the commissioner under section 63.20 124D.52, subdivision 5, or is a member of a consortium with an 63.21 approved basic service level. Basic population aid is equal to 63.22 the greater of $4,000 or $1 times the population of the 63.23 district. District population is determined according to 63.24 section 275.14. Aid under this section is in addition to aid 63.25 under subdivision 3 and must be used for sites that meet the 63.26 approved basic service level under section 124D.52, subdivision 63.27 5. 63.28 Sec. 7. Minnesota Statutes 1998, section 124D.54, 63.29 subdivision 1, is amended to read: 63.30 Subdivision 1. [AID ELIGIBILITY.] For fiscal years 199863.31 and later,Adult high school graduation aid for eligible pupils 63.32 age 21 or over ,equals 65 percent of the general education63.33 formula allowance times 1.30 times the average daily membership63.34 under section 126C.05, subdivision 12.: 63.35 (1) for fiscal year 2000: 1.30 multiplied by the average 63.36 daily membership under section 126C.05, subdivision 12, 64.1 multiplied by (i) $1,676 or (ii) $3,251,000 divided by the state 64.2 total weighted average daily membership, not to exceed $2,295; 64.3 (2) for fiscal year 2001 and later fiscal years: $2,338 64.4 multiplied by 1.30 multiplied by the average daily membership 64.5 under section 126C.05, subdivision 12. 64.6 Adult high school graduation aid must be paid in addition to any 64.7 other aid to the district. Pupils age 21 or over may not be 64.8 counted by the district for any purpose other than adult high 64.9 school graduation aid. 64.10 Sec. 8. Laws 1998, First Special Session chapter 1, 64.11 article 1, section 10, is amended to read: 64.12 Sec. 10. [HOUSEHOLD ELIGIBILITY; PARTICIPATION.] 64.13 Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for 64.14 state or TANF matching funds in the family assets for 64.15 independence initiative, a household must have income at or 64.16 below 200185 percent of the federal poverty level and assets 64.17 of $25,000$15,000 or less. An individual who is a dependent of 64.18 another person for federal income tax purposes may not be a 64.19 separate eligible household for purposes of establishing a 64.20 family asset account. An individual who is a debtor for a 64.21 judgment resulting from nonpayment of a court-ordered child 64.22 support obligation may not participate in this 64.23 program. Households accessing TANF matching funds are subject 64.24 to the MFIP definition of household under Minnesota Statutes, 64.25 section 256J.08, subdivision 46. Income and assets are 64.26 determined according to eligibility guidelines for the energy 64.27 assistance program. 64.28 Subd. 2. [CONTINUED PARTICIPATION.] A participating 64.29 household whose income exceeds 200185 percent of the poverty 64.30 level may continue to make contributions to the savings 64.31 account. The amount of any contributions made during the time 64.32 when a participating household's income is greater than 200185 64.33 percent of the poverty level is not eligible for the match under 64.34 section 11. 64.35 Subd. 3. [FAMILY PARTICIPATION.] Each participating 64.36 household must sign a family asset agreement that includes the 65.1 amount of scheduled deposits into its savings account, the 65.2 proposed use, and the proposed savings goal. A participating 65.3 household must agree to complete an economic literacy training 65.4 program. 65.5 Participating households may only deposit money that is 65.6 derived from household earned income or from state and federal 65.7 income tax credits. 65.8 Sec. 9. Laws 1998, First Special Session chapter 1, 65.9 article 1, section 11, is amended to read: 65.10 Sec. 11. [WITHDRAWAL; MATCHING; PERMISSIBLE USES.] 65.11 Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match, 65.12 a participating household must transfer funds withdrawn from a 65.13 family asset account to a fiduciary organizationits matching 65.14 fund custodial account held by the fiscal agent, according to 65.15 the family asset agreement. The fiduciary organization must 65.16 determine if the match request is for a permissible use 65.17 consistent with the household's family asset agreement. 65.18 A fiduciary organizationThe fiscal agent must ensure the 65.19 household's custodial account contains the applicable matching 65.20 funds to match the balance in the household's account, including 65.21 interest, on at least a quarterly basis and at the time of an 65.22 approved withdrawal. Matches must be provided as follows: 65.23 (1) from state grant and TANF funds a matching contribution 65.24 of $2$1.50 for every $1 of funds withdrawn from the family 65.25 asset account equal to the lesser of $720 per year or a $3,000 65.26 lifetime limit; and 65.27 (2) from nonstate funds, a matching contribution of no less 65.28 than $2$1.50 for every $1 of funds withdrawn from the family 65.29 asset account equal to the lesser of $720 per year or a $3,000 65.30 lifetime limit. 65.31 Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt 65.32 of withdrawntransferred custodial account funds, the fiduciary 65.33 organization must make a direct payment to the vendor of the 65.34 goods or services for the permissible use. 65.35 Sec. 10. Laws 1998, First Special Session chapter 1, 65.36 article 1, section 12, is amended to read: 66.1 Sec. 12. [PROGRAM REPORTING.] 66.2 The fiscal agent on behalf of each fiduciary organization 66.3 operatingparticipating in a family assets for independence 66.4 initiative must annuallyreport quarterly to the commissioner of 66.5 human services and to the commissioner of children, families, 66.6 and learning identifying the participants with accounts, the 66.7 number of accounts, the amount of savings and matches for 66.8 each participant's account, the uses of the account, and the 66.9 number of businesses, homes, and educational services paid for 66.10 with money from the account, as well as other information that 66.11 may be required for the state to operatecommissioner to 66.12 administer the program effectivelyand meet federal TANF 66.13 reporting requirements. 66.14 Sec. 11. [ADULT BASIC EDUCATION SERVICE DELIVERY STUDY 66.15 GROUP.] 66.16 (a) The commissioner of children, families, and learning 66.17 shall establish a task force to review, evaluate, and make 66.18 legislative recommendations by January 15, 2000, on improving 66.19 the delivery of adult basic education (ABE) services. The study 66.20 group must make recommendation on ways to: 66.21 (1) improve the efficiency and effectiveness of ABE service 66.22 delivery of over the next five years; and 66.23 (2) increase the number of adult learners served and the 66.24 proportion of need for adult education met by ABE programs. 66.25 (b) The group should, at a minimum, consider the following 66.26 factors: 66.27 (1) changes in the need for ABE services due to 66.28 socioeconomic trends, welfare reform, and labor market factors; 66.29 (2) evolving instructional technologies, including distance 66.30 learning and the integration of computers and other technologies 66.31 into ABE programs; 66.32 (3) the organization, formation, and functioning of ABE 66.33 service delivery through regional consortiums and school 66.34 district programs; 66.35 (4) accountability in the delivery of ABE services to meet 66.36 defined learner outcomes; 67.1 (5) funding to promote and recognize educational outcomes 67.2 in ABE programs; and 67.3 (6) defining and maintaining viable ABE program delivery 67.4 that meets the needs of adult learners throughout Minnesota. 67.5 (c) Members of the study group must include members of the 67.6 house and senate committees that fund adult basic education 67.7 programs; representatives of the department of children, 67.8 families, and learning; and representatives of ABE programs, 67.9 including school districts, community education, nonprofit 67.10 organizations, correctional programs, and other organizations 67.11 that provide or support ABE education. The group must include 67.12 rural, urban, and suburban members. 67.13 Sec. 12. [APPROPRIATIONS.] 67.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 67.15 LEARNING.] The sums indicated in this section are appropriated 67.16 from the general fund to the department of children, families, 67.17 and learning for the fiscal years designated. 67.18 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 67.19 Minnesota economic opportunity grants: 67.20 $8,514,000 ..... 2000 67.21 $8,514,000 ..... 2001 67.22 Any balance in the first year does not cancel but is 67.23 available in the second year. 67.24 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 67.25 housing programs according to Minnesota Statutes, section 67.26 119A.43: 67.27 $2,075,000 ..... 2000 67.28 $2,075,000 ..... 2001 67.29 Of this amount, $50,000 each year is for transitional 67.30 housing services for homeless veterans and $50,000 each year is 67.31 for a grant to the Kids Capacity Initiative program in Hennepin 67.32 county. 67.33 Of this amount, $25,000 for the biennium is for a grant to 67.34 Perspective, Inc. to provide transitional housing services. One 67.35 or more nonprofit organizations must provide an equal amount of 67.36 matching funds. 68.1 $25,000 each year is for a grant to the city of St. Louis 68.2 Park for the Meadowbrook Collaborative Housing Project to 68.3 enhance youth outreach services and to provide educational and 68.4 recreational programming for at-risk youth. The collaborative 68.5 must include a cross section of public and private sector 68.6 community representatives. 68.7 Any balance in the first year does not cancel but is 68.8 available in the second year. 68.9 Subd. 4. [FOODSHELF PROGRAMS.] For foodshelf programs 68.10 according to Minnesota Statutes, section 119A.44: 68.11 $1,278,000 ..... 2000 68.12 $1,278,000 ..... 2001 68.13 Any balance in the first year does not cancel but is 68.14 available in the second year. 68.15 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 68.16 education aid according to Minnesota Statutes, section 124D.52, 68.17 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 68.18 fiscal year 2001: 68.19 $20,132,000 ..... 2000 68.20 $22,477,000 ..... 2001 68.21 The 2000 appropriation includes $1,227,000 for 1999 and 68.22 $18,905,000 for 2000. 68.23 The 2001 appropriation includes $2,101,000 for 2000 and 68.24 $20,376,000 for 2001. 68.25 Subd. 6. [ADULT BASIC EDUCATION BASIC POPULATION AID.] For 68.26 basic population aid for eligible districts under section 7: 68.27 $1,960,000 ..... 2000 68.28 Notwithstanding Minnesota Statutes, section 127A.45, 68.29 subdivision 12, 100 percent of this appropriation is for fiscal 68.30 year 2000. 68.31 Any balance in the first year does not cancel but is 68.32 available in the second year. This is a one-time appropriation. 68.33 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 68.34 according to Minnesota Statutes, section 124D.54: 68.35 $3,184,000 ..... 2000 68.36 $4,732,000 ..... 2001 69.1 The 2000 appropriation includes $258,000 for 1999 and 69.2 $2,926,000 for 2000. 69.3 The 2001 appropriation includes $325,000 for 2000 and 69.4 $4,407,000 for 2001. 69.5 Subd. 8. [GED TESTS.] For payment of 60 percent of the 69.6 costs of GED tests according to Laws 1993, chapter 224, article 69.7 4, section 44, subdivision 10: 69.8 $125,000 ..... 2000 69.9 $125,000 ..... 2001 69.10 Any balance in the first year does not cancel but is 69.11 available in the second year. 69.12 Subd. 9. [FAMILY ASSETS FOR INDEPENDENCE.] For a grant to 69.13 the Ramsey Action Program to provide matching grants to 69.14 fiduciary organizations under Laws 1998, First Special Session 69.15 chapter 1, article 1, sections 6 to 12: 69.16 $500,000 ..... 2000 69.17 Any balance in the first year does not cancel but is 69.18 available in the second year. 69.19 Subd. 10. [LEAD HAZARD REDUCTION PROJECT.] For a grant to 69.20 a nonprofit organization currently operating the CLEARCorps lead 69.21 hazard reduction project: 69.22 $500,000 ..... 2000 69.23 $300,000 of this is a one-time appropriation. Any balance 69.24 in the first year does not cancel but is available in the second 69.25 year. 69.26 The grant must be used to continue the lead hazard 69.27 reduction project and reduce and prevent lead poisoning in 69.28 Minnesota's children. The grant may be used as a match for 69.29 federal funds to reduce lead hazards. 69.30 Subd. 11. [GED ON TELEVISION.] For a grant to a public 69.31 television station that serves rural areas of Minnesota: 69.32 $75,000 ..... 2000 69.33 $75,000 ..... 2001 69.34 The grant must be used to provide GED programming to aid 69.35 immigrants and others who lack a high school diploma to obtain a 69.36 GED. Any balance in the first year does not cancel but is 70.1 available in the second year. This is a one-time appropriation. 70.2 Subd. 12. [EMERGENCY SERVICES.] For emergency services 70.3 grants according to Laws 1997, chapter 162, article 3, section 7: 70.4 $350,000 ..... 2000 70.5 $350,000 ..... 2001 70.6 Any balance in the first year does not cancel but is 70.7 available in the second year. 70.8 Sec. 13. [REPEALER.] 70.9 Minnesota Statutes 1998, section 124D.53, subdivision 6, is 70.10 repealed. 70.11 ARTICLE 5 70.12 RESOURCE AND REFERRAL PROGRAMS 70.13 Section 1. Minnesota Statutes 1998, section 119B.01, 70.14 subdivision 1, is amended to read: 70.15 Subdivision 1. [SCOPE.] For the purposes of sections70.16 119B.01 to 119B.19this chapter, the following terms have the 70.17 meanings given. 70.18 Sec. 2. Minnesota Statutes 1998, section 119B.01, is 70.19 amended by adding a subdivision to read: 70.20 Subd. 18. [LEGAL NONLICENSED CHILD CARE PROVIDER.] "Legal 70.21 nonlicensed child care provider" means a child care provider who 70.22 is excluded from licensing requirements under section 245A.03, 70.23 subdivision 2. 70.24 Sec. 3. Minnesota Statutes 1998, section 119B.19, 70.25 subdivision 1, is amended to read: 70.26 Subdivision 1. [ AUTHORITYDISTRIBUTION OF FUNDS FOR 70.27 OPERATION OF CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The 70.28 commissioner of children, families, and learning may make grants70.29 shall distribute funds to public or private nonprofit 70.30 agenciesorganizations for the planning, establishment, 70.31 expansion, improvement, or operation of child care resource and 70.32 referral programs and child care services according to the70.33 provisions ofunder this section and may make grants to county70.34 boards to carry out the purposes of sections 119B.19 to70.35 119B.21. The commissioner must adopt rules for programs under 70.36 this section and sections 119B.20 and 119B.21. The commissioner 71.1 must develop a process to fund organizations to operate child 71.2 care resource and referral programs that includes application 71.3 forms, timelines, and standards for renewal. 71.4 Sec. 4. Minnesota Statutes 1998, section 119B.19, is 71.5 amended by adding a subdivision to read: 71.6 Subd. 1a. [DESIGNATION OF ORGANIZATIONS.] The commissioner 71.7 shall designate an organization to administer a child care 71.8 resource and referral program to serve a region. 71.9 Sec. 5. Minnesota Statutes 1998, section 119B.19, is 71.10 amended by adding a subdivision to read: 71.11 Subd. 6. [BASIS FOR DISTRIBUTING FUNDS.] (a) The 71.12 commissioner shall distribute funds for the administration of 71.13 child care resource and referral programs based on the following 71.14 factors for each region: 71.15 (1) the region served by the program; 71.16 (2) the number of children under the age of 13 years 71.17 needing child care; 71.18 (3) the ratio of children under the age of 13 years needing 71.19 child care to the number of licensed spaces; 71.20 (4) the number of licensed child care providers and 71.21 school-age care programs; and 71.22 (5) other related factors determined by the commissioner. 71.23 (b) The commissioner may provide ongoing funding to a 71.24 designated organization for a child care resource and referral 71.25 program that continues to meet state standards. 71.26 Sec. 6. Minnesota Statutes 1998, section 119B.19, is 71.27 amended by adding a subdivision to read: 71.28 Subd. 6a. [LOCAL MATCH REQUIREMENT.] A local match of 25 71.29 percent is required. 71.30 Sec. 7. Minnesota Statutes 1998, section 119B.19, is 71.31 amended by adding a subdivision to read: 71.32 Subd. 7. [CHILD CARE RESOURCE AND REFERRAL 71.33 PROGRAMS.] Within each region, a child care resource and 71.34 referral program must: 71.35 (1) maintain one database of all existing child care 71.36 resources and services and one database of family referrals; 72.1 (2) provide a child care referral service for families; 72.2 (3) develop resources to meet the child care service needs 72.3 of families; 72.4 (4) increase the capacity to provide culturally responsive 72.5 child care services; 72.6 (5) coordinate professional development opportunities for 72.7 child care and school-age care providers; 72.8 (6) administer and award child care services grants; 72.9 (7) administer and provide loans for child development 72.10 education and training; and 72.11 (8) cooperate with the Minnesota Child Care Resource and 72.12 Referral Network and its member programs to develop effective 72.13 child care services and child care resources. 72.14 Sec. 8. Minnesota Statutes 1998, section 119B.20, 72.15 subdivision 7, is amended to read: 72.16 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 72.17 improvement expenses" means funds for buildingthe cost of 72.18 improvements, equipment, appropriate technology and software, 72.19 toys, and supplies needed to establish, expand, or improve a 72.20 licensed child care facility or a child care program under the 72.21 jurisdiction of a localdistrict school board of education. 72.22 Sec. 9. Minnesota Statutes 1998, section 119B.20, 72.23 subdivision 8, is amended to read: 72.24 Subd. 8. [INTERIM FINANCING.] "Interim financing" means 72.25 funds to carry out suchfunding for up to 18 months: 72.26 (1) for activities asthat are necessary for family day72.27 care homes, group family day care homes, and child care centers72.28 to receive and maintain state child care licensing ,; 72.29 (2) to expand an existing child care program or to improve 72.30 program quality ,; and 72.31 (3) to provide operating fundsoperate for a period of six 72.32 consecutive months after a family day care home, group family72.33 day care home, orchild care centerfacility becomes licensed or 72.34 satisfies standards of the state board of education. Interim72.35 financing may not exceed a period of 18 months.72.36 Sec. 10. Minnesota Statutes 1998, section 119B.20, 73.1 subdivision 12, is amended to read: 73.2 Subd. 12. [TRAINING PROGRAM.] "Training program" means 73.3 child development courses offered by an accredited 73.4 post-secondary institution or similar training approved by a 73.5 county board or the department of children, families, and73.6 learningcommissioner. To qualify as a training program under73.7 this section, a course of study must teachA training program 73.8 must be a course of study that teaches specific skills thatto 73.9 meet licensing requirements or requirements of the state board 73.10 of education. 73.11 Sec. 11. Minnesota Statutes 1998, section 119B.20, is 73.12 amended by adding a subdivision to read: 73.13 Subd. 13. [REGION.] "Region" means a region designated by 73.14 the governor under section 462.385. 73.15 Sec. 12. Minnesota Statutes 1998, section 119B.21, 73.16 subdivision 1, is amended to read: 73.17 Subdivision 1. [ GRANTS ESTABLISHEDDISTRIBUTION OF GRANT 73.18 FUNDS.] (a) The commissioner shall award grants to develop child73.19 care services, including child care service development grants73.20 for start-up and facility improvement expenses, interim73.21 financing, staff training expenses, and grants for child care73.22 resource and referral programs. Child care service development73.23 grants may include family child care technical assistance awards73.24 up to $1,000.distribute funds to the child care resource and 73.25 referral programs designated under section 119B.19, subdivision 73.26 1a, for child care services grants under subdivision 5 and 73.27 family child care technical assistance grants under subdivision 73.28 10. 73.29 (b) Up to ten percent of funds appropriated for grants 73.30 under this section may be used by the commissioner for statewide 73.31 child care development initiatives, training initiatives, 73.32 collaboration programs, and research and data collection. The 73.33 commissioner shall develop eligibility guidelines and a grant73.34 application form, inform county social service agencies about73.35 the availability of child care services grants, and set a date73.36 by which applications must be received by the74.1 commissionerprocess to distribute funds under this paragraph. 74.2 Child care resource and referral programs may apply for funding 74.3 under this paragraph. 74.4 Sec. 13. Minnesota Statutes 1998, section 119B.21, 74.5 subdivision 2, is amended to read: 74.6 Subd. 2. [ DISTRIBUTION OFBASIS FOR DISTRIBUTING GRANT 74.7 FUNDS.] (a) At least 90 percent of funds appropriated for grants 74.8 under this section may be distributed by the commissioner shall74.9 allocate grant money appropriatedto child care resource and 74.10 referral programs under section 119B.19, subdivision 1a, for 74.11 child care service development among the development regions74.12 designated by the governor under section 462.385,74.13 consideringservices grants and family child care technical 74.14 assistance grants based on the following factors for each74.15 economic development region: 74.16 (1) the number of children under 13 years of age needing 74.17 child care in the service arearegion; 74.18 (2) the geographic arearegion served by the agency74.19 program; 74.20 (3) the ratio of children under 13 years of age needing 74.21 child care to the number of licensed spaces in the service area74.22 region; 74.23 (4) the number of licensed child care providers and 74.24 extended dayschool-age childcare programs in the service area74.25 region; and 74.26 (5) other related factors determined by the commissioner. 74.27 (b) Out of the amount allocated for each economic74.28 development region, the commissioner shallChild care resource 74.29 and referral programs must award child care services grants and 74.30 child care technical assistance grants based on the 74.31 recommendation of the child care regional advisoryproposal 74.32 review committees under subdivision 3. In addition, the74.33 commissioner shall award no more than 75 percent of the money74.34 either to child care facilities for the purpose of facility74.35 improvement or interim financing or to child care workers for74.36 staff training expenses.75.1 (c) Any funds unobligated may be used by the commissioner75.2 to award grants to proposals that received funding75.3 recommendations by the regional advisory committees but were not75.4 awarded due to insufficient funds.75.5 (d)The commissioner may allocate grantsdistribute funds 75.6 under this section for a two-year period and may carry forward75.7 funds from the first year as necessary. 75.8 Sec. 14. Minnesota Statutes 1998, section 119B.21, 75.9 subdivision 3, is amended to read: 75.10 Subd. 3. [CHILD CARE REGIONAL ADVISORYPROPOSAL REVIEW 75.11 COMMITTEES.] (a) Child care regional advisoryproposal review 75.12 committees shallmust establish regional priorities and review 75.13 and make recommendations to the commissioner onapplications for 75.14 family child care technical assistance awardsgrants and service75.15 developmentchild care services grants under this section . The75.16 commissionerand make funding recommendations to the child care 75.17 resource and referral program designated under section 119B.19, 75.18 subdivision 1a. Within each region, the committee must allocate 75.19 available funding between child care services grants and child 75.20 care technical assistance grants. The committee must also 75.21 allocate funding for child care services grants for facility 75.22 financing purposes and provider training purposes. The child 75.23 care regional proposal review committees must complete their 75.24 reviews and forward their recommendations to the child care 75.25 resource and referral program by the date specified by the 75.26 commissioner. 75.27 (b) A child care resource and referral program shall 75.28 appointestablish a process to select members of the child care 75.29 regional advisory committees in each governor's economic75.30 development regionproposal review committee. People appointed75.31 under this subdivisionMembers must represent the following 75.32 constituent groups: family child care providers, groupchild 75.33 care center providers, parent usersschool-age care providers, 75.34 parents who use child care services, health services, social 75.35 services, public schools, Head Start, employers, and other 75.36 citizens with demonstrated interest in child care issues. 76.1 Members of the advisory task forceproposal review committee 76.2 with a direct financial interest in a pending grant proposal may 76.3 not provide a recommendation or participate in the ranking of 76.4 that grant proposal. 76.5 (c) The child care resource and referral program may 76.6 reimburse committee members may be reimbursedfor their actual 76.7 travel, child care, and child care provider substitute expenses 76.8 for up to six committee meetings per year. The child care76.9 regional advisory committees shall complete their reviews and76.10 forward their recommendations to the commissioner by the date76.11 specified by the commissioner.The program may also pay a 76.12 stipend to parent representatives for participating in up to six 76.13 meetings per year. 76.14 Sec. 15. Minnesota Statutes 1998, section 119B.21, 76.15 subdivision 5, is amended to read: 76.16 Subd. 5. [ PURPOSES FOR WHICH ACHILD CARE SERVICES GRANT76.17 MAY BE AWARDEDSERVICES GRANTS.] The commissionerA child care 76.18 resource and referral program designated under section 119B.19, 76.19 subdivision 1a, may award child care services grants for: 76.20 (1) child care service development grants for the following76.21 purposes:76.22 (i) forcreating new licensed daychild care facilities and 76.23 expanding existing facilities, including, but not limited to, 76.24 supplies, equipment, facility renovation, and remodeling; 76.25 (ii) for(2) improving licensed daychild care facility 76.26 programs , including, but not limited to, staff specialists,76.27 staff training, supplies, equipment, and facility renovation and76.28 remodeling; 76.29 (iii) for supportive child(3) staff training and 76.30 development services including, but not limited to, in-service 76.31 training, curriculum development, accreditation, certification, 76.32 consulting specialist, resource centers, and program and 76.33 resource materials; 76.34 (iv) for carrying out programs including, but not limited76.35 to, staff, supplies, equipment, facility renovation, and76.36 training;77.1 (v) for(4) interim financing; 77.2 (vi) family child care technical assistance awards; and77.3 (vii) for(5) capacity building through the purchase of 77.4 appropriate technology and software, and staff training to77.5 create, enhance, and maintain financial systems for facilities;77.6 (2) child care resource and referral program services77.7 identified in section 119B.19, subdivision 3; or77.8 (3) targeted recruitment initiatives to expand and build77.9 capacity of the child care systemto create, enhance, and 77.10 maintain business management systems; 77.11 (6) emergency assistance for child care programs; 77.12 (7) new programs or projects for the creation, expansion, 77.13 or improvement of programs that serve ethnic immigrant and 77.14 refugee communities; and 77.15 (8) targeted recruitment initiatives to expand and build 77.16 the capacity of the child care system and to improve the quality 77.17 of care provided by legal nonlicensed child care providers. 77.18 Sec. 16. Minnesota Statutes 1998, section 119B.21, 77.19 subdivision 8, is amended to read: 77.20 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients77.21 ofA child care resource and referral program designated under 77.22 section 119B.19, subdivision 1a, may award child care services 77.23 grants areto: 77.24 (1) licensed providers of child care, or those; 77.25 (2) providers in the process of being licensed , resource77.26 and referral programs, or; 77.27 (3) corporations or public agencies ,that develop or 77.28 provide child care services; 77.29 (4) school-age care programs; or 77.30 (5) any combination thereofof clauses (1) to (4). 77.31 Unlicensed providers are only eligible for grants under 77.32 subdivision 5, clause (7). 77.33 Sec. 17. Minnesota Statutes 1998, section 119B.21, 77.34 subdivision 9, is amended to read: 77.35 Subd. 9. [GRANT MATCH REQUIREMENTS.] A recipient of a 77.36 child care grantsservices grant for facility improvements, 78.1 interim financing, resource and referral, andor staff training 78.2 and development requiremust provide a 25 percent local match by78.3 the grant applicant. A local match is not required for a family78.4 child care technical assistance award.78.5 Sec. 18. Minnesota Statutes 1998, section 119B.21, 78.6 subdivision 10, is amended to read: 78.7 Subd. 10. [FAMILY CHILD CARE TECHNICAL ASSISTANCE 78.8 AWARDSGRANTS.] (a) A child care resource and referral 78.9 organization designated under section 119B.19, subdivision 1a, 78.10 may award technical assistance awards for child care service78.11 development must be used by the family child care provider78.12 granteegrants of up to $1,000. These grants may be used for: 78.13 (1) facility improvements, including, but not limited to, 78.14 improvements to meet licensing requirements ,; 78.15 (2) improvements to expand thea child care facility ,or 78.16 program; 78.17 (3) toys and equipment ,; 78.18 (4) technology and software to create, enhance, and 78.19 maintain business management systems; 78.20 (5) start-up costs , interim financing, or; 78.21 (6) staff training and development; and 78.22 (7) other uses approved by the commissioner. 78.23 (b) A child care resource and referral program may award 78.24 family child care technical assistance grants to: 78.25 (1) licensed family child care providers; or 78.26 (2) child care providers in the process of becoming 78.27 licensed. 78.28 (c) A local match is not required for a family child care 78.29 technical assistance grant. 78.30 Sec. 19. Minnesota Statutes 1998, section 119B.21, 78.31 subdivision 11, is amended to read: 78.32 Subd. 11. [STATEWIDE ADVISORY TASK FORCE.] The 78.33 commissioner may convene a statewide advisory task force which78.34 shallto advise the commissioner on statewide grants or other 78.35 child care issues. The following constituentgroups must be 78.36 represented: family child care providers, child care center 79.1 programs, school-age care providers, parent usersparents who 79.2 use child care services, health services, social services, Head 79.3 Start, public schools, employers, and other citizens with 79.4 demonstrated interest in child care issues. Each regional grant79.5 review committee formed under subdivision 3, shall appoint a79.6 representative to the advisory task force.Additional members 79.7 may be appointed by the commissioner. The commissioner may79.8 convene meetings of the task force as needed. Terms of office79.9 and removal from office are governed by the appointing body.79.10 The commissioner may compensate members for their travel, child 79.11 care, and child care provider substitute expenses for attending 79.12 task force meetings of the task force. The commissioner may 79.13 also pay a stipend to parent representatives for participating 79.14 in task force meetings. 79.15 Sec. 20. Minnesota Statutes 1998, section 119B.23, 79.16 subdivision 1, is amended to read: 79.17 Subdivision 1. [AUTHORITY.] In addition to the79.18 commissioner's authority to make child care services grants,The 79.19 county board is authorized to provide child care services ,or to 79.20 make grants from the community social service fund, special tax 79.21 revenue, or its general fund, or other sources to any 79.22 municipality, or corporation , or combination thereof,for the 79.23 cost of providing technical assistance andor child care 79.24 services. The county board is also authorized to contract for 79.25 services with any licensed daychild care facility , as the board79.26 deems necessary or properto carry out the purposes of this 79.27 section. 79.28 The county board may also make grants to or contract with 79.29 any municipality, licensed child care facility, or resource and79.30 referral programorganization designated under section 119B.19, 79.31 subdivision 1a, or corporation or combination thereof,for any79.32 ofthe following purposes: 79.33 (1) creating new licensed daychild care facilities and 79.34 expanding existing facilities including, but not limited to, 79.35 supplies, equipment, and facility renovation and remodeling; 79.36 (2) improving licensed daychild care facility programs, 80.1 including, but not limited to, staff specialists, staff 80.2 training, supplies, equipment, and facility renovation and 80.3 remodeling . In awarding grants for training, counties must80.4 give, with priority tofor training grants for child care 80.5 workers caring for infants, toddlers, sick children, children in 80.6 low-income families, and children with special needs; 80.7 (3) providing supportive child development services, 80.8 including, but not limited to, in-service training, curriculum 80.9 development, consulting specialists, resource centers, and 80.10 program and resource materials; 80.11 (4) carrying out programs, including, but not limited to, 80.12 staff, supplies, equipment, facility renovation, and training; 80.13 (5) providing interim financing; andor 80.14 (6) carrying out the resource and referral program services 80.15 identified in section 119B.19, subdivision 37. 80.16 Sec. 21. [REVISOR INSTRUCTION.] 80.17 The revisor of statutes shall renumber each section of 80.18 Minnesota Statutes listed in column A with the number listed in 80.19 column B. The revisor shall also make necessary cross-reference 80.20 changes consistent with the renumbering. 80.21 A B 80.22 119B.01, subd. 1 119B.011, subd. 1 80.23 119B.01, subd. 2 119B.011, subd. 3 80.24 119B.01, subd. 3 119B.011, subd. 7 80.25 119B.01, subd. 4 119B.011, subd. 4 80.26 119B.01, subd. 5 119B.011, subd. 8 80.27 119B.01, subd. 6 119B.011, subd. 5 80.28 119B.01, subd. 7 119B.011, subd. 9 80.29 119B.01, subd. 7a 119B.011, subd. 10 80.30 119B.01, subd. 8 119B.011, subd. 11 80.31 119B.01, subd. 9 119B.011, subd. 12 80.32 119B.01, subd. 10 119B.011, subd. 13 80.33 119B.01, subd. 11 119B.011, subd. 14 80.34 119B.01, subd. 12 119B.011, subd. 17 80.35 119B.01, subd. 12a 119B.011, subd. 18 80.36 119B.01, subd. 13 119B.011, subd. 20 81.1 119B.01, subd. 14 119B.011, subd. 19 81.2 119B.01, subd. 15 119B.011, subd. 2 81.3 119B.01, subd. 16 119B.011, subd. 24 81.4 119B.01, subd. 17 119B.011, subd. 6 81.5 119B.01, subd. 18 119B.011, subd. 16 81.6 119B.18, subd. 3 119B.211 81.7 119B.20, subd. 7 119B.189, subd. 1 81.8 119B.20, subd. 8 119B.189, subd. 2 81.9 119B.20, subd. 12 119B.189, subd. 4 81.10 119B.20, subd. 13 119B.201, subd. 3 81.11 119B.21, subd. 2, 119B.21, subd. 1, 81.12 para. (a) para. (c) 81.13 119B.21, subd. 2, 119B.21, subd. 1, 81.14 para. (b) para. (d) 81.15 119B.21, subd. 2, 119B.21, subd. 1, 81.16 para. (d) para. (e) 81.17 119B.21, subd. 5 119B.21, subd. 5, 81.18 para. (a) 81.19 119B.21, subd. 8 119B.21, subd. 5, 81.20 para. (b) 81.21 119B.21, subd. 9 119B.21, subd. 5, 81.22 para. (c) 81.23 Sec. 22. [REPEALER.] 81.24 Minnesota Statutes 1998, sections 119B.18, subdivisions 1 81.25 and 2; 119B.19, subdivisions 3, 4, and 5; 119B.20, subdivisions 81.26 1, 2, 3, 4, 5, 6, 9, 10, and 11; 119B.21, subdivisions 4, 6, and 81.27 12; and 119B.22, are repealed.