4th 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, and self-sufficiency and lifelong 1.6 learning; appropriating money; amending Minnesota 1.7 Statutes 1998, sections 13.46, subdivision 2; 16B.405, 1.8 subdivision 2; 119A.31, subdivision 1, and by adding a 1.9 subdivision; 119B.01, subdivisions 1, 2, 10, 12, 12a, 1.10 13, 16, 17, and by adding subdivisions; 119B.02, 1.11 subdivision 1, and by adding subdivisions; 119B.03, 1.12 subdivisions 1, 2, 3, 4, 6, and 9; 119B.04, 1.13 subdivision 1; 119B.05, subdivision 1; 119B.06, 1.14 subdivision 1; 119B.061; 119B.07; 119B.08, subdivision 1.15 3; 119B.09, subdivisions 1, 3, and 7; 119B.10, 1.16 subdivision 1; 119B.11, subdivision 2a; 119B.12, 1.17 subdivision 2; 119B.13; 119B.14; 119B.15; 119B.18, 1.18 subdivision 3; 119B.19, subdivision 1, and by adding 1.19 subdivisions; 119B.20, subdivisions 7, 8, 12, and by 1.20 adding a subdivision; 119B.21, subdivisions 1, 2, 3, 1.21 5, 8, 9, 10, and 11; 119B.23, subdivision 1; 119B.24; 1.22 119B.25, subdivision 3; 121A.19; 122A.26, by adding a 1.23 subdivision; 124D.13, subdivision 2; 124D.135, 1.24 subdivisions 1 and 3; 124D.19, subdivision 11; 1.25 124D.20, subdivision 5; 124D.22; 124D.23, by adding a 1.26 subdivision; 124D.33, subdivision 3; 124D.52, 1.27 subdivision 2, and by adding subdivisions; 124D.53, 1.28 subdivision 3, and by adding a subdivision; 124D.54, 1.29 subdivision 1; 125A.35, subdivision 5; 171.29, 1.30 subdivision 2; 256.01, subdivision 4; 256.045, 1.31 subdivisions 6, 7, and by adding a subdivision; 1.32 256.046, subdivision 1; 256.98, subdivisions 1, 7, and 1.33 8; 256.983, subdivisions 3 and 4; and 466.01, 1.34 subdivision 1; Laws 1997, First Special Session 1.35 chapter 4, article 1, section 61, subdivisions 2 and 1.36 3, as amended; Laws 1998, First Special Session 1.37 chapter 1, article 1, sections 10 and 11; proposing 1.38 coding for new law in Minnesota Statutes, chapter 1.39 124D; repealing Minnesota Statutes 1998, sections 1.40 119B.01, subdivision 15; 119B.03, subdivision 7; 1.41 119B.05, subdivisions 6 and 7; 119B.075; 119B.17; 1.42 119B.18, subdivisions 1 and 2; 119B.19, subdivisions 1.43 3, 4, and 5; 119B.20, subdivisions 1, 2, 3, 4, 5, 6, 1.44 9, 10, and 11; 119B.21, subdivisions 4, 6, and 12; 1.45 119B.22; 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; 2.37 (9) between the department of human services, department of 3.1 children, families, and learning, and the Minnesota department 3.2 of economic security for the purpose of monitoring the 3.3 eligibility of the data subject for reemployment insurance, for 3.4 any employment or training program administered, supervised, or 3.5 certified by that agency, for the purpose of administering any 3.6 rehabilitation program or child care assistance program, whether 3.7 alone or in conjunction with the welfare system, or to monitor 3.8 and evaluate the statewide Minnesota family investment program 3.9 by exchanging data on recipients and former recipients of food 3.10 stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 3.11 child care assistance under chapter 119B, or medical programs 3.12 under chapter 256B, 256D, or 256L; 3.13 (10) to appropriate parties in connection with an emergency 3.14 if knowledge of the information is necessary to protect the 3.15 health or safety of the individual or other individuals or 3.16 persons; 3.17 (11) data maintained by residential programs as defined in 3.18 section 245A.02 may be disclosed to the protection and advocacy 3.19 system established in this state according to Part C of Public 3.20 Law Number 98-527 to protect the legal and human rights of 3.21 persons with mental retardation or other related conditions who 3.22 live in residential facilities for these persons if the 3.23 protection and advocacy system receives a complaint by or on 3.24 behalf of that person and the person does not have a legal 3.25 guardian or the state or a designee of the state is the legal 3.26 guardian of the person; 3.27 (12) to the county medical examiner or the county coroner 3.28 for identifying or locating relatives or friends of a deceased 3.29 person; 3.30 (13) data on a child support obligor who makes payments to 3.31 the public agency may be disclosed to the higher education 3.32 services office to the extent necessary to determine eligibility 3.33 under section 136A.121, subdivision 2, clause (5); 3.34 (14) participant social security numbers and names 3.35 collected by the telephone assistance program may be disclosed 3.36 to the department of revenue to conduct an electronic data match 4.1 with the property tax refund database to determine eligibility 4.2 under section 237.70, subdivision 4a; 4.3 (15) the current address of a recipient of aid to families 4.4 with dependent children or Minnesota family investment 4.5 program-statewide may be disclosed to law enforcement officers 4.6 who provide the name of the recipient and notify the agency that: 4.7 (i) the recipient: 4.8 (A) is a fugitive felon fleeing to avoid prosecution, or 4.9 custody or confinement after conviction, for a crime or attempt 4.10 to commit a crime that is a felony under the laws of the 4.11 jurisdiction from which the individual is fleeing; or 4.12 (B) is violating a condition of probation or parole imposed 4.13 under state or federal law; 4.14 (ii) the location or apprehension of the felon is within 4.15 the law enforcement officer's official duties; and 4.16 (iii) the request is made in writing and in the proper 4.17 exercise of those duties; 4.18 (16) the current address of a recipient of general 4.19 assistance or general assistance medical care may be disclosed 4.20 to probation officers and corrections agents who are supervising 4.21 the recipient and to law enforcement officers who are 4.22 investigating the recipient in connection with a felony level 4.23 offense; 4.24 (17) information obtained from food stamp applicant or 4.25 recipient households may be disclosed to local, state, or 4.26 federal law enforcement officials, upon their written request, 4.27 for the purpose of investigating an alleged violation of the 4.28 Food Stamp Act, according to Code of Federal Regulations, title 4.29 7, section 272.1(c); 4.30 (18) the address, social security number, and, if 4.31 available, photograph of any member of a household receiving 4.32 food stamps shall be made available, on request, to a local, 4.33 state, or federal law enforcement officer if the officer 4.34 furnishes the agency with the name of the member and notifies 4.35 the agency that: 4.36 (i) the member: 5.1 (A) is fleeing to avoid prosecution, or custody or 5.2 confinement after conviction, for a crime or attempt to commit a 5.3 crime that is a felony in the jurisdiction the member is 5.4 fleeing; 5.5 (B) is violating a condition of probation or parole imposed 5.6 under state or federal law; or 5.7 (C) has information that is necessary for the officer to 5.8 conduct an official duty related to conduct described in subitem 5.9 (A) or (B); 5.10 (ii) locating or apprehending the member is within the 5.11 officer's official duties; and 5.12 (iii) the request is made in writing and in the proper 5.13 exercise of the officer's official duty; 5.14 (19) certain information regarding child support obligors 5.15 who are in arrears may be made public according to section 5.16 518.575; 5.17 (20) data on child support payments made by a child support 5.18 obligor and data on the distribution of those payments excluding 5.19 identifying information on obligees may be disclosed to all 5.20 obligees to whom the obligor owes support, and data on the 5.21 enforcement actions undertaken by the public authority, the 5.22 status of those actions, and data on the income of the obligor 5.23 or obligee may be disclosed to the other party; 5.24 (21) data in the work reporting system may be disclosed 5.25 under section 256.998, subdivision 7; 5.26 (22) to the department of children, families, and learning 5.27 for the purpose of matching department of children, families, 5.28 and learning student data with public assistance data to 5.29 determine students eligible for free and reduced price meals, 5.30 meal supplements, and free milk according to United States Code, 5.31 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 5.32 produce accurate numbers of students receiving aid to families 5.33 with dependent children or Minnesota family investment 5.34 program-statewide as required by section 126C.06; to allocate 5.35 federal and state funds that are distributed based on income of 5.36 the student's family; and to verify receipt of energy assistance 6.1 for the telephone assistance plan; 6.2 (23) the current address and telephone number of program 6.3 recipients and emergency contacts may be released to the 6.4 commissioner of health or a local board of health as defined in 6.5 section 145A.02, subdivision 2, when the commissioner or local 6.6 board of health has reason to believe that a program recipient 6.7 is a disease case, carrier, suspect case, or at risk of illness, 6.8 and the data are necessary to locate the person; 6.9 (24) to other state agencies, statewide systems, and 6.10 political subdivisions of this state, including the attorney 6.11 general, and agencies of other states, interstate information 6.12 networks, federal agencies, and other entities as required by 6.13 federal regulation or law for the administration of the child 6.14 support enforcement program; 6.15 (25) to personnel of public assistance programs as defined 6.16 in section 256.741, for access to the child support system 6.17 database for the purpose of administration, including monitoring 6.18 and evaluation of those public assistance programs; or 6.19 (26) to monitor and evaluate the statewide Minnesota family 6.20 investment program by exchanging data between the departments of 6.21 human services and children, families, and learning, on 6.22 recipients and former recipients of food stamps, cash assistance 6.23 under chapter 256, 256D, 256J, or 256K, child care assistance 6.24 under chapter 119B, or medical programs under chapter 256B, 6.25 256D, or 256L. 6.26 (b) Information on persons who have been treated for drug 6.27 or alcohol abuse may only be disclosed according to the 6.28 requirements of Code of Federal Regulations, title 42, sections 6.29 2.1 to 2.67. 6.30 (c) Data provided to law enforcement agencies under 6.31 paragraph (a), clause (15), (16), (17), or (18), or paragraph 6.32 (b), are investigative data and are confidential or protected 6.33 nonpublic while the investigation is active. The data are 6.34 private after the investigation becomes inactive under section 6.35 13.82, subdivision 5, paragraph (a) or (b). 6.36 (d) Mental health data shall be treated as provided in 7.1 subdivisions 7, 8, and 9, but is not subject to the access 7.2 provisions of subdivision 10, paragraph (b). 7.3 Sec. 2. Minnesota Statutes 1998, section 119A.31, 7.4 subdivision 1, is amended to read: 7.5 Subdivision 1. [PROGRAMS.] The commissioner shall, in7.6consultation with the chemical abuse and violence prevention7.7council,administer a grant program to fund community-based 7.8 programs that are designed to enhance the community's sense of 7.9 personal security and to assist the community in its crime 7.10control andprevention efforts. Examples of qualifying programs 7.11 include, but are not limited to, the following: 7.12 (1) community-based programs designed to provide services 7.13 for children under 14 years of age who are juvenile offenders or 7.14 who are at risk of becoming juvenile offenders. The programs 7.15 must give priority to: 7.16 (i) juvenile restitution; 7.17 (ii) prearrest or pretrial diversion, including through 7.18 mediation; 7.19 (iii) probation innovation; 7.20 (iv) teen courts, community service; or 7.21 (v) post incarceration alternatives to assist youth in 7.22 returning to their communities; 7.23 (2) community-based programs designed to provide at-risk 7.24 children and youth under 14 years of age with after-school and 7.25 summer enrichment activities; 7.26 (3) community-based programs designed to discourage young 7.27 people from involvement in unlawful drug or street gang 7.28 activities such as neighborhood youth centers; 7.29 (4) neighborhood block clubs and innovative community-based 7.30 crime prevention programs; 7.31 (5) community- and school-based programs designed to enrich 7.32 the educational, cultural, or recreational opportunities of 7.33 at-risk children and youth, including programs designed to keep 7.34 at-risk youth from dropping out of school and encourage school 7.35 dropouts to return to school; 7.36 (6) community-based programs designed to intervene with 8.1 juvenile offenders who are identified as likely to engage in 8.2 repeated criminal activity in the future unless intervention is 8.3 undertaken; 8.4 (7) community-based collaboratives that coordinate multiple 8.5 programs and funding sources to address the needs of at-risk 8.6 children and youth, including, but not limited to, 8.7 collaboratives that address the continuum of services for 8.8 juvenile offenders and those who are at risk of becoming 8.9 juvenile offenders; 8.10 (8) programs that are proven successful at increasing the 8.11 rate of school success or the rate of post-secondary education 8.12 attendance for high-risk students; 8.13 (9) community-based programs that provide services to 8.14 homeless youth; 8.15 (10) programs designed to reduce truancy; 8.16 (11) other community- and school-based crime prevention 8.17 programs that are innovative and encourage substantial 8.18 involvement by members of the community served by the program; 8.19 (12) community-based programs that attempt to prevent and 8.20 ameliorate the effects of teenage prostitution; 8.21 (13) programs for mentoring at-risk youth, including youth 8.22 at risk of gang involvement; and 8.23 (14) programs operated by community violence prevention 8.24 councils. 8.25 Sec. 3. Minnesota Statutes 1998, section 119A.31, is 8.26 amended by adding a subdivision to read: 8.27 Subd. 2a. [MATCH.] The commissioner must give priority to 8.28 grantees that provide a local match. The commissioner must 8.29 maintain documentation that reflects the source and use of 8.30 funds, including funding for specific programs that are used as 8.31 federal match. 8.32 Sec. 4. Minnesota Statutes 1998, section 119B.01, 8.33 subdivision 2, is amended to read: 8.34 Subd. 2. [APPLICANT.] "Child care fund applicants" means 8.35 all parents, stepparents, legal guardians, or eligible 8.36 relativecaretakerscaregivers who reside in thehousehold9.1 family that applies for child care assistance under the child 9.2 care fund. 9.3 Sec. 5. Minnesota Statutes 1998, section 119B.01, is 9.4 amended by adding a subdivision to read: 9.5 Subd. 2a. [APPLICATION.] "Application" means the 9.6 submission to a county agency, by or on behalf of a family, of a 9.7 completed, signed, and dated child care assistance universal 9.8 application form that indicates the family's desire to receive 9.9 assistance. 9.10 Sec. 6. Minnesota Statutes 1998, section 119B.01, 9.11 subdivision 10, is amended to read: 9.12 Subd. 10. [FAMILY.] "Family" means parents, stepparents, 9.13 guardians and their spouses, or other eligible 9.14 relativecaretakerscaregivers and their spouses, and their 9.15 blood related dependent children and adoptive siblings under the 9.16 age of 18 years living in the same home including children 9.17 temporarily absent from the household in settings such as 9.18 schools, foster care, and residential treatment facilities or 9.19 parents, stepparents, guardians and their spouses, or other 9.20 relative caregivers and their spouses temporarily absent from 9.21 the household in settings such as schools, military service, or 9.22 rehabilitation programs. When a minor parent or parents and 9.23 his, her, or their child or children are living with other 9.24 relatives, and the minor parent or parents apply for a child 9.25 care subsidy, "family" means only the minor parent or parents 9.26 andthetheir child or children.An adult may be considered a9.27dependent member of the family unit if 50 percent of the adult's9.28support is being provided by the parents, stepparents, guardians9.29and their spouses, or eligible relative caretakers and their9.30spouses, residing in the same household.An adult age 18 or 9.31 older who meets this definition of family and is a full-time 9.32 high school or post-secondary studentand can reasonably be9.33expected to graduate before age 19may be considered a dependent 9.34 member of the family unit if 50 percent or more of the adult's 9.35 support is provided by the parents, stepparents, guardians, and 9.36 their spouses or eligible relative caregivers and their spouses 10.1 residing in the same household. 10.2 Sec. 7. Minnesota Statutes 1998, section 119B.01, 10.3 subdivision 12, is amended to read: 10.4 Subd. 12. [INCOME.] "Income" means earned or unearned 10.5 income received by all family members, including public 10.6 assistance cash benefits and at-home infant care subsidy 10.7 payments, unless specifically excluded. The following are 10.8 excluded from income: funds used to pay for health insurance 10.9 premiums for family members, Supplemental Security Income, 10.10 scholarships, work-study income, and grants that cover costs or 10.11 reimbursement for tuition, fees, books, and educational 10.12 supplies; student loans for tuition, fees, books, supplies, and 10.13 living expenses; state and federal earned income tax credits; 10.14 in-kind income such as food stamps, energy assistance, foster 10.15 care assistance, medical assistance, child care assistance, and 10.16 housing subsidies; earned income of full or part-timesecondary10.17schoolstudentsup to the age of 19, who have not earned a high 10.18 school diploma or GED high school equivalency diploma 10.19 including earnings from summer employment; grant awards under 10.20 the family subsidy program; nonrecurring lump sum income only to 10.21 the extent that it is earmarked and used for the purpose for 10.22 which it is paid; and any income assigned to the public 10.23 authority according to section 256.74 or 256.741, if enacted. 10.24 Sec. 8. Minnesota Statutes 1998, section 119B.01, 10.25 subdivision 12a, is amended to read: 10.26 Subd. 12a. [MFIP-SMFIP.]"MFIP-S""MFIP" means the 10.27 Minnesota family investmentprogram-statewideprogram, the 10.28 state's TANF program under Public Law Number 104-193, Title I, 10.29 and includes the MFIP program under chapter 256J and the work 10.30 first program under chapter 256K. 10.31 Sec. 9. Minnesota Statutes 1998, section 119B.01, 10.32 subdivision 13, is amended to read: 10.33 Subd. 13. [PROVIDER.] "Provider" means a child care 10.34 license holder who operates a familydaychild care home, a 10.35 group familydaychild care home, adaychild care center, a 10.36 nursery school, a day nursery,an extended daya school age 11.1childcare program; alegal nonlicensed extended day11.2 license-exempt school agechildcare programwhich operates11.3 operating under the auspices of a local school board or a park 11.4 or recreation board of the first class that has adopted school 11.5 agechildcarestandardsguidelines which meet or exceed 11.6standardsguidelines recommended by thestatedepartmentof11.7children, families, and learning, or alegalnonlicensed 11.8caregiverregistered provider who is at least 18 years of age, 11.9 and who is not a member of theAFDCMFIP assistance unit or a 11.10 member of the family receiving child care assistance under this 11.11 chapter. 11.12 Sec. 10. Minnesota Statutes 1998, section 119B.01, 11.13 subdivision 16, is amended to read: 11.14 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 11.15 families" means families who have receivedAFDCMFIP assistance, 11.16 or who were eligible to receiveAFDCMFIP assistance after 11.17 choosing to discontinue receipt of the cash portion ofMFIP-S11.18 MFIP assistance under section 256J.31, subdivision 12, for at 11.19 least three of the last six months before losing eligibility for 11.20AFDCMFIP due toincreased hours of employment, orincreased 11.21 income from employment or child or spousal support or families 11.22 participating in work first under chapter 256K who meet the 11.23 requirements of section 256K.07. Transition year child care may 11.24 be used to support employment including job search. 11.25 Sec. 11. Minnesota Statutes 1998, section 119B.01, 11.26 subdivision 17, is amended to read: 11.27 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 11.28 program under this chapter providing: 11.29 (1) financial assistance for child care to parents engaged 11.30 in employmentor the short-term provision of at-home infant care11.31for their own child, job search, or education and training 11.32 leading to employment or an at-home infant care subsidy; and 11.33 (2) grants to develop, expand, and improve the access and 11.34 availability of child care services statewide. 11.35 Sec. 12. Minnesota Statutes 1998, section 119B.02, 11.36 subdivision 1, is amended to read: 12.1 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 12.2 shall develop standards for county and human services boards to 12.3 provide child care services to enable eligible families to 12.4 participate in employment, training, or education programs. 12.5 Within the limits of available appropriations, the commissioner 12.6 shall distribute money to counties to reduce the costs of child 12.7 care for eligible families. The commissioner shall adopt rules 12.8 to govern the program in accordance with this section. The 12.9 rules must establish a sliding schedule of fees for parents 12.10 receiving child care services. The rules shall provide that 12.11 funds received as a lump sum payment of child support arrearages 12.12 shall not be counted as income to a family in the month received 12.13 but shall be prorated over the 12 months following receipt and 12.14 added to the family income during those months. In the rules 12.15 adopted under this section, county and human services boards 12.16 shall be authorized to establish policies for payment of child 12.17 care spaces for absent children, when the payment is required by 12.18 the child's regular provider. The rules shall not set a maximum 12.19 number of days for which absence payments can be made, but 12.20 instead shall direct the county agency to set limits and pay for 12.21 absences according to the prevailing market practice in the 12.22 county. County policies for payment of absences shall be 12.23 subject to the approval of the commissioner. The commissioner 12.24 shall maximize the use of federal moneyin section 256.736under 12.25 Public Law Number 104-193, titles I and VI, and other programs 12.26 that provide federal or state reimbursement for child care 12.27 services for low-income families who are in education, training, 12.28 job search, or other activities allowed under those programs. 12.29 Money appropriated under this section must be coordinated with 12.30 the programs that provide federal reimbursement for child care 12.31 services to accomplish this purpose. Federal reimbursement 12.32obtainedmust be allocated tothe countycounties that spent 12.33 money forchild care that isfederally reimbursableunder12.34programs that provide federal reimbursement forchild care 12.35services. The counties shall use the federal money to expand 12.36 child care services. The commissioner may adopt rules under 13.1 chapter 14 to implement and coordinate federal program 13.2 requirements. 13.3 Sec. 13. Minnesota Statutes 1998, section 119B.02, is 13.4 amended by adding a subdivision to read: 13.5 Subd. 3. [UNIVERSAL APPLICATION FORM.] The commissioner 13.6 must develop and make available to all counties a universal 13.7 application form for child care assistance under this chapter. 13.8 The application must provide notice of eligibility requirements 13.9 for assistance and penalties for wrongfully obtaining assistance. 13.10 Sec. 14. Minnesota Statutes 1998, section 119B.02, is 13.11 amended by adding a subdivision to read: 13.12 Subd. 4. [PROGRAM INTEGRITY.] For child care assistance 13.13 programs under this chapter, the commissioner shall enforce, in 13.14 cooperation with the commissioner of human services, the 13.15 requirements for program integrity and fraud prevention 13.16 investigations under sections 256.046, 256.98, and 256.983. 13.17 Sec. 15. Minnesota Statutes 1998, section 119B.03, 13.18 subdivision 1, is amended to read: 13.19 Subdivision 1. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] 13.20 When the commissioner notifies county and human service boards 13.21 of the forms and instructions they are to follow in the 13.22 development of theirbiennial community social serviceschild 13.23 care fund plans required under section256E.08119B.08, 13.24 subdivision 3, the commissioner shall also notify county and 13.25 human services boards of their estimated child care fund program 13.26 allocation for the two years covered by the plan. By October 1 13.27 of each year, the commissioner shall notify all counties of 13.28 their final child care fund program allocation. 13.29 Sec. 16. Minnesota Statutes 1998, section 119B.03, 13.30 subdivision 2, is amended to read: 13.31 Subd. 2. [WAITING LIST.] Each county that receives funds 13.32 under this section must keep a written record and report to the 13.33 commissioner the number of eligible families who have applied 13.34 for a child care subsidy or have requested child care 13.35 assistance. Counties shall perform acursorypreliminary 13.36 determination of eligibility when a family requestsinformation14.1aboutchild care assistance. At a minimum, a county must make a 14.2 preliminary determination of eligibility based on family size, 14.3 income, and authorized activity. A family seeking child care 14.4 assistance must provide the required information to the county. 14.5 A family that appears to be eligible must be put on a waiting 14.6 list if funds are not immediately available. The waiting list 14.7 must identify students in need of child care.When money is14.8available counties shall expedite the processing of student14.9applications during key enrollment periods.Counties must 14.10 review and update their waiting list at least every six months. 14.11 Sec. 17. Minnesota Statutes 1998, section 119B.03, 14.12 subdivision 3, is amended to read: 14.13 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 14.14 eligibility requirements under sections 119B.07, 119B.09, and 14.15 119B.10, exceptAFDC recipients,MFIP recipients, work first 14.16 recipients, and transition year families,and 119B.10are 14.17 eligible for child care assistance under the basic sliding fee 14.18 program. Families enrolled in the basic sliding fee program 14.19 shall be continued until they are no longer eligible. Child 14.20 care assistance provided through the child care fund is 14.21 considered assistance to the parent. 14.22 Sec. 18. Minnesota Statutes 1998, section 119B.03, 14.23 subdivision 4, is amended to read: 14.24 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 14.25 care assistance under the basic sliding fee program must be 14.26 given to eligiblenon-AFDCnon-MFIP families who do not have a 14.27 high school or general equivalency diploma or who need remedial 14.28 and basic skill courses in order to pursue employment or to 14.29 pursue education leading to employment. Within this priority, 14.30 the following subpriorities must be used: 14.31 (1) child care needs of minor parents; 14.32 (2) child care needs of parents under 21 years of age; and 14.33 (3) child care needs of other parents within the priority 14.34 group described in this paragraph. 14.35 (b) Second priority must be given to parents who have 14.36 completed theirAFDCMFIP or work first transition year. 15.1 (c) Third priority must be given to families who are 15.2 eligible for portable basic sliding fee assistance through the 15.3 portability pool under subdivision 9. 15.4 Sec. 19. Minnesota Statutes 1998, section 119B.03, 15.5 subdivision 6, is amended to read: 15.6 Subd. 6. [ALLOCATION FORMULA.]Beginning January 1, 1996,15.7except as provided in subdivision 7,The basic sliding fee state 15.8 and federal funds shall be allocated on a calendar year basis. 15.9 Funds shall be allocated first in amounts equal to each county's 15.10 guaranteed floor according to subdivision 8, with any remaining 15.11 available funds allocated according to the following formula: 15.12 (a)One-thirdOne-fourth of the funds shall be allocated in 15.13 proportion to each county's total expenditures for the basic 15.14 sliding fee child care program reported during the most 15.15 recentcalendarfiscal year completed at the time of the notice 15.16 of allocation. 15.17 (b)One-thirdOne-fourth of the funds shall be allocated 15.18 based on the number ofchildren under age 13 in each county who15.19are enrolled in general assistance medical care, medical15.20assistance, and MinnesotaCare on December 31 of the most recent15.21calendar yearfamilies participating in the transition year 15.22 child care program as reported during the most recent quarter 15.23 completed at the time of the notice of allocation. 15.24 (c)One-thirdOne-fourth of the funds shall be allocated 15.25based on the number of children under age 13 who reside in each15.26county, from the most recent estimates of the state15.27demographerin proportion to each county's most recently 15.28 reported second and third priority waiting list as defined in 15.29 subdivision 2. 15.30 (d) One-fourth of the funds must be allocated in proportion 15.31 to each county's most recently reported waiting list as defined 15.32 in subdivision 2. 15.33 Sec. 20. Minnesota Statutes 1998, section 119B.03, 15.34 subdivision 9, is amended to read: 15.35 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 15.36 establish a pool of up to five percent of the annual 16.1 appropriation for the basic sliding fee program to provide 16.2 continuous child care assistance for eligible families who move 16.3 between Minnesota counties. At the end of each allocation 16.4 period, any unspent funds in the portability pool must beadded16.5to the funds available for reallocationused for assistance 16.6 under the basic sliding fee program. If expenditures from the 16.7 portability pool exceed the amount of money available, the 16.8 reallocation pool must be reduced to cover these shortages. 16.9 (b) To be eligible for portable basic sliding fee 16.10 assistance, a family that has moved from a county in which it 16.11 was receiving basic sliding fee assistance to a county with a 16.12 waiting list for the basic sliding fee program must: 16.13 (1) meet the income and eligibility guidelines for the 16.14 basic sliding fee program; and 16.15 (2) notify the new county of residence within 30 days of 16.16 moving and apply for basic sliding fee assistance in the new 16.17 county of residence. 16.18 (c) The receiving county must: 16.19 (1) accept administrative responsibility for applicants for 16.20 portable basic sliding fee assistance at the end of the two 16.21 months of assistance under the Unitary Residency act; 16.22 (2) continue basic sliding fee assistance for the lesser of 16.23 six months or until the family is able to receive assistance 16.24 under the county's regular basic sliding program; and 16.25 (3) notify the commissioner through the quarterly reporting 16.26 process of any family that meets the criteria of the portable 16.27 basic sliding fee assistance pool. 16.28 Sec. 21. Minnesota Statutes 1998, section 119B.04, 16.29 subdivision 1, is amended to read: 16.30 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 16.31 commissionerof children, families, and learningis authorized 16.32 and directed to receive, administer, and expend funds available 16.33 under the child care and development fund under Public Law 16.34 Number 104-193, TitleIVI. 16.35 Sec. 22. Minnesota Statutes 1998, section 119B.05, 16.36 subdivision 1, is amended to read: 17.1 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 17.2 for child care assistance under theAFDCMFIP child care program 17.3 are: 17.4 (1)persons receiving services under sections 256.031 to17.5256.0361 and 256.047 to 256.048;17.6(2) AFDCMFIP recipients who are employed or in job search 17.7 and meet the requirements of section 119B.10; 17.8(3)(2) persons who are members of transition year families 17.9 under section 119B.01, subdivision 16; 17.10(4) members of the control group for the STRIDE evaluation17.11conducted by the Manpower Demonstration Research Corporation;17.12(5) AFDC caretakers who are participating in the STRIDE and17.13non-STRIDE AFDC child care program;17.14(6)(3) families who are participating in employment 17.15 orientation or job search, or other employment or training 17.16 activities that are included in an approved employability 17.17 development plan under chapter 256K; and 17.18(7) MFIP-S(4) MFIP families who are participating in work 17.19 activities as required in their job search support or employment 17.20 plan, or in appeals, hearings, assessments, or orientations 17.21 according to chapter 256J. Child care assistance to support 17.22 work activities as described in section 256J.49 must be 17.23 available according to sections119A.54,119B.01, subdivision 8, 17.24 124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 17.25 of the Social Security Act. 17.26 Sec. 23. Minnesota Statutes 1998, section 119B.06, 17.27 subdivision 1, is amended to read: 17.28 Subdivision 1. [COMMISSIONER TO ADMINISTER BLOCK GRANT.] 17.29 The commissionerof children, families, and learningis 17.30 authorized and directed to receive, administer, and expend child 17.31 care funds available under the child care and development block 17.32 grant authorized under Public Law Number 101-508(2). 17.33 Sec. 24. Minnesota Statutes 1998, section 119B.061, is 17.34 amended to read: 17.35 119B.061 [AT-HOME INFANT CHILD CARE PROGRAM.] 17.36 Subdivision 1. [ESTABLISHMENT.]Beginning July 1, 1998,A 18.1 familyreceiving or eligible to receive assistance under the18.2basic sliding fee program is eligible forin which a parent 18.3 provides care for the family's infant child may receive a 18.4 subsidy in lieu of assistancefor a parent to provide short-term18.5child care for the family's infant child. An eligible family18.6must meet the eligibility factors under section 119B.09, the18.7income criteria under section 119B.12, andif the family (1) has 18.8 income within the range established under section 119B.09, 18.9 subdivision 1, paragraph (a), as calculated under section 18.10 119B.09, subdivision 4; (2) has all parents participating in an 18.11 employment or education activity that is allowable under the 18.12 basic sliding fee program at the time of application; and (3) 18.13 meets the requirements of this section. The commissioner 18.14 shallestablish a pool of up to seven percent of the annual18.15appropriation for the basic sliding fee program toprovide 18.16 assistance under the at-home infant child care program using 18.17 funds appropriated for the program. At the end ofthea fiscal 18.18 year, the commissioner may carry forward any unspent fundsmust18.19be usedappropriated for assistance under this section to the 18.20 next fiscal year within the biennium for assistance under the 18.21 basic sliding fee program. 18.22 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant 18.23 under the age of one year is eligible for assistance if: 18.24 (1) the family is not receivingMFIP-SMFIP, other cash 18.25 assistance, or other child care assistance; 18.26 (2) the family has not previously received all of the 18.27 one-year exemption from the work requirement for infant care 18.28 under theMFIP-SMFIP program; and 18.29 (3) the family has not previously received a life-long 18.30 total of 12 months of assistance under this section; and18.31(4) the family is participating in the basic sliding fee18.32program or, for the first child in a family, provides18.33verification of employment at the time of application and meets18.34the program requirements. 18.35 Subd. 3. [ELIGIBLE PARENT.]OnlyA family is eligible for 18.36 assistance under this section if one parent, in a two-parent19.1family, is eligible for assistance.cares for the family's 19.2 infant child if the eligible parentmust: 19.3 (1)beis over the age of 18; 19.4 (2)provide full-time care for the childcares for the 19.5 infant full time in thechild'sinfant's home; and 19.6 (3)provide child carecares for any other children in the 19.7 familythatwho are eligible for child care assistance under 19.8 chapter 119B. 19.9 For the purposes of this section "parent" means birth 19.10 parent, adopted parent, or stepparent. 19.11 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 19.12 lifetime total of 12 months of assistance under this section. 19.13 The maximum rate of assistancemust be atis equal to 75 percent 19.14 of the rate established under section 119B.13 for care of 19.15 infants in licensedfamily daychild care in the applicant's 19.16 county of residence. Assistance must be calculated to reflect 19.17 thecopayparent fee requirementandunder section 119B.12 for 19.18 the family's income level and family size. 19.19 (b) A participating family mustcontinue toreport income 19.20 and other family changes as specified in the county's plan under 19.21 section 119B.08, subdivision 3. The family must treat any 19.22 assistance received under this section as unearned income. 19.23 (c) Participation in the at-home infant child care program 19.24must beis not considered participation in the basic sliding fee 19.25 program for purposes of continuing eligibility under section 19.26 119B.03, subdivision 3. At the family's choice, the county must 19.27 place a family participating in the at-home infant care program 19.28 on the waiting list under section 119B.03, subdivision 2, for 19.29 basic sliding fee child care assistance. 19.30 (d) The time that a familythatreceives assistance under 19.31 this sectionis ineligible formust be deducted from the 19.32 one-year exemption from work requirements under theMFIP-SMFIP 19.33 program. 19.34 (e) Assistance under this section does not establish an 19.35 employer-employee relationship between any member of the 19.36 assisted family and the county or state. 20.1 Subd. 5. [IMPLEMENTATION.] (a) By July 1, 1998, the 20.2 commissioner shall implement the at-home infant child care 20.3 program under this section through counties that administer the 20.4 basic sliding fee program under section 119B.03. The 20.5 commissioner must develop and distribute consumer information on 20.6 the at-home infant care program to assist parents of infants or 20.7 expectant parents in making informed child care decisions. 20.8 (b) The commissioner shall evaluate this program and report 20.9 the impact to the legislature by January 1, 2000. The 20.10 evaluation must include data on the number of families 20.11 participating in the program; the number of families continuing 20.12 to pursue employment or education while participating in the 20.13 program; the average income of families prior to, during, and 20.14 after participation in the program; family size; and single 20.15 parent and two-parent status. 20.16 Sec. 25. Minnesota Statutes 1998, section 119B.07, is 20.17 amended to read: 20.18 119B.07 [USE OF MONEY.] 20.19 Money for persons listed in sections 119B.03, subdivision 20.20 3, and 119B.05, subdivision 1, shall be used to reduce the costs 20.21 of child care for students, including the costs of child care 20.22 for students while employed if enrolled in an eligible education 20.23 program at the same time and making satisfactory progress 20.24 towards completion of the program. Counties may not limit the 20.25 duration of child care subsidies for a person in an employment 20.26 or educational program, except when the person is found to be 20.27 ineligible under the child care fund eligibility standards. Any 20.28 limitation must be based on a person's employability plan in the 20.29 case of anAFDCMFIP recipient, and county policies included in 20.30 the child care allocation plan. The maximum length of time a 20.31 student is eligible for child care assistance under the child 20.32 care fund for education and training is no more than the time 20.33 necessary to complete the credit requirements for an associate 20.34 or baccalaureate degree as determined by the educational 20.35 institution, excluding basic or remedial education programs 20.36 needed to prepare for post-secondary education or employment. 21.1 To be eligible, the student must be in good standing and be 21.2 making satisfactory progress toward the degree. Time 21.3 limitations for child care assistance do not apply to basic or 21.4 remedial educational programs needed to prepare for 21.5 post-secondary education or employment. These programs 21.6 include: high school, general equivalency diploma, and English 21.7 as a second language. Programs exempt from this time limit must 21.8 not run concurrently with a post-secondary program.High school21.9students who are participating in a post-secondary options21.10program and who receive a high school diploma issued by the21.11school district are exempt from the time limitations while21.12pursuing a high school diploma. Financially eligible students21.13who have received child care assistance for one academic year21.14shall be provided child care assistance in the following21.15academic year if funds allocated under sections 119B.03 and21.16119B.05 are available.If anAFDC recipientMFIP caregiver who 21.17 is receivingAFDCMFIP child care assistance under this chapter 21.18 moves to another county, continues to participate in educational 21.19 or training programs authorized in theiremployability21.20developmentemployment plans, and continues to be eligible for 21.21AFDCMFIP child care assistance under this chapter, theAFDC21.22caretakerMFIP caregiver must receive continued child care 21.23 assistance from the county responsible for their 21.24 currentemployability developmentemployment plan,without21.25interruptionunder section 256G.07. 21.26 Sec. 26. Minnesota Statutes 1998, section 119B.08, 21.27 subdivision 3, is amended to read: 21.28 Subd. 3. [CHILD CARE FUND PLAN.]Effective January 1,21.291992, the county willCounties must includethe plan required21.30under this subdivisiona child care fund plan in its biennial 21.31 community social services planrequired in this section, for the21.32group described in section 256E.03, subdivision 2, paragraph (h)21.33 under section 256E.09. The commissioner shall establish the 21.34 dates by which the county must submitthesethe child care fund 21.35 plans. The county and designated administering agency shall 21.36 submit to the commissioner an annual child care fund allocation 22.1 plan. The plan shall include: 22.2 (1) a narrative of the total program for child care 22.3 services, including all policies and procedures that affect 22.4 eligible families and are used to administer the child care 22.5 funds; 22.6 (2) the methods used by the county to inform eligible 22.7groupsfamilies of the availability of child care assistance and 22.8 related services; 22.9 (3) the provider rates paid for all children with special 22.10 needs by provider type; 22.11 (4) the county prioritization policy for all eligible 22.12groupsfamilies under the basic sliding fee programand AFDC22.13child care program; and 22.14 (5) other information as requested by the department to 22.15 ensure compliance with the child care fund statutes and rules 22.16 promulgated by the commissioner. 22.17 The commissioner shall notify counties within 60 days of 22.18 the date the plan is submitted whether the plan is approved or 22.19 the corrections or information needed to approve the plan. The 22.20 commissioner shall withhold a county's allocation until it has 22.21 an approved plan. Plans not approved by the end of the second 22.22 quarter after the plan is due may result in a 25 percent 22.23 reduction in allocation. Plans not approved by the end of the 22.24 third quarter after the plan is due may result in a 100 percent 22.25 reduction in the allocation to the county. Counties are to 22.26 maintain services despite any reduction in their allocation due 22.27 to plans not being approved. 22.28 Sec. 27. Minnesota Statutes 1998, section 119B.09, 22.29 subdivision 1, is amended to read: 22.30 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 22.31 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 22.32 must be available to families who need child care to find or 22.33 keep employment or to obtain the training or education necessary 22.34 to find employment and who: 22.35 (1) meet the requirements of section 119B.05; receiveaid22.36to families with dependent children, MFIP-S, or work first,23.1whichever is in effectMFIP; and arereceivingparticipating in 23.2 employment and training services undersection 256.736 or23.3 chapter 256J or 256K; 23.4 (2) have household income below the eligibility levels for 23.5aid to families with dependent childrenMFIP; or 23.6 (3) have household income within a range established by the 23.7 commissioner. 23.8 (b) Child care servicesfor the families receiving aid to23.9families with dependent childrenmust be made available as 23.10 in-kind services, to cover any difference between the actual23.11cost and the amount disregarded under the aid to families with23.12dependent children program. Child care services to families23.13whose incomes are below the threshold of eligibility for aid to23.14families with dependent children, but are not AFDC caretakers,23.15must be made available with the same copayment required of AFDC23.16caretakers or MFIP-S caregivers. 23.17 (c) All applicants for child care assistance and families 23.18 currently receiving child care assistance must be assisted and 23.19 required to cooperate in establishment of paternity and 23.20 enforcement of child support obligations for all children in the 23.21 family as a condition of program eligibility. For purposes of 23.22 this section, a family is considered to meet the requirement for 23.23 cooperation when the family complies with the requirements of 23.24 section 256.741, if enacted. 23.25 Sec. 28. Minnesota Statutes 1998, section 119B.09, 23.26 subdivision 3, is amended to read: 23.27 Subd. 3. [PRIORITIES; ALLOCATIONS.] If a county projects 23.28 that its child care allocation is insufficient to meet the needs 23.29 of all eligiblegroupsfamilies, it may prioritize among 23.30 thegroupsfamilies that remain to be served after the county 23.31 has complied with the priority requirements of section 119B.03. 23.32 Counties that have established a priority fornon-AFDCnon-MFIP 23.33 families beyond those established under section 119B.03 must 23.34 submit the policy inthetheir annualallocationchild care fund 23.35 plan. 23.36 Sec. 29. Minnesota Statutes 1998, section 119B.09, 24.1 subdivision 7, is amended to read: 24.2 Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] The date of 24.3 eligibility for child care assistance under this chapter is the 24.4 later of the date the application was signed; the beginning date 24.5 of employment, education, or training; or the date a 24.6 determination has been made that the applicant is a participant 24.7 in employment and training services under Minnesota Rules, part 24.8 3400.0080, subpart 2a,section 256.736,or chapter 256J or 24.9 256K. The date of eligibility for the basic sliding fee at-home 24.10 infant child care program is the later of the date the infant is 24.11 born or, in a county with a basic sliding feewaitwaiting list, 24.12 the date the family applies for at-home infant child care. 24.13 Payment ceases for a family under the at-home infant child care 24.14 program when a family has used a total of 12 months of 24.15 assistance as specified under section 119B.061. Payment of 24.16 child care assistance for employed persons onAFDCMFIP is 24.17 effective the date of employment or the date ofAFDCMFIP 24.18 eligibility, whichever is later. Payment of child care 24.19 assistance forMFIP-SMFIP or work first participants in 24.20 employment and training services is effective the date of 24.21 commencement of the services or the date ofMFIP-SMFIP or work 24.22 first eligibility, whichever is later. Payment of child care 24.23 assistance for transition year child care must be made 24.24 retroactive to the date of eligibility for transition year child 24.25 care. 24.26 Sec. 30. Minnesota Statutes 1998, section 119B.10, 24.27 subdivision 1, is amended to read: 24.28 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 24.29 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 24.30 and who are eligible for assistance under this section are 24.31 eligible to receive up to 240 hours of child care assistance per 24.32 calendar year. 24.33 (b) Employed persons who work at least an average of 24.34 20 hours and full-time students who work at least an average of 24.35 ten hours a week and receive at least a minimum wage for all 24.36 hours worked are eligible for continued child care 25.1 assistance for employment. Child care assistance during 25.2 employment must be authorized as provided in paragraphs (c) and 25.3 (d). 25.4 (c) When thecaregiverperson works for an hourly wage and 25.5 the hourly wage is equal to or greater than the applicable 25.6 minimum wage, child care assistance shall be provided for the 25.7 actual hours of employment, break, and mealtime during the 25.8 employment and travel time up to two hours per day. 25.9 (d) When thecaregiverperson does not work for an hourly 25.10 wage, child care assistance must be provided for the lesser of: 25.11 (1) the amount of child care determined by dividing gross 25.12 earned income by the applicable minimum wage, up to one hour 25.13 every eight hours for meals and break time, plus up to two hours 25.14 per day for travel time; or 25.15 (2) the amount of child care equal to the actual amount of 25.16 child care used during employment, including break and mealtime 25.17 during employment, and travel time up to two hours per day. 25.18 Sec. 31. Minnesota Statutes 1998, section 119B.11, 25.19 subdivision 2a, is amended to read: 25.20 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child 25.21 care assistance paid to a recipient in excess of the payment due 25.22 is recoverable by the county agency. If the family remains 25.23 eligible for child care assistance, the overpayment must be 25.24 recovered through recoupment as identified in Minnesota Rules, 25.25 part9565.5110, subpart 113400.0140, subpart 19, items A and B,25.26if the family remains eligible for assistance. If the family no 25.27 longer remains eligible for child care assistance, the county 25.28 may choose to initiate efforts to recover overpayments from the 25.29 family for overpayment less than $50. If the overpayment is 25.30 greater than or equal to $50, the county shall seek voluntary 25.31 repayment of the overpayment from the family. If the county is 25.32 unable torecouprecover the overpayment through voluntary 25.33 repayment, the county shall initiate civil court proceedings to 25.34 recover the overpayment unless the county's costs to recover the 25.35 overpayment will exceed the amount of the overpayment. A family 25.36 with an outstanding debt under this subdivision is not eligible 26.1 for child care assistance until: (1) the debt is paid in full; 26.2 or (2) satisfactory arrangements are made with the county to 26.3 retire the debt consistent with the requirements of this chapter 26.4 and Minnesota Rules, chapter 3400, and the family is in 26.5 compliance with the agreement. 26.6 Sec. 32. Minnesota Statutes 1998, section 119B.12, 26.7 subdivision 2, is amended to read: 26.8 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 26.9 be a fixed percentage of its annual gross income. Parent fees 26.10 must apply to families eligible for child care assistance under 26.11 sections 119B.03 and 119B.05. Income must be as defined in 26.12 section 119B.01, subdivision 12. The fixed percent is based on 26.13 the relationship of the family's annual gross income to 100 26.14 percent of state median income. Beginning January 1, 1998, 26.15 parent fees must begin at 75 percent of the poverty level.The26.16minimum parent fees for families between 75 percent and 10026.17percent of poverty level must be $5 per month.Parent fees for 26.18 families with incomes at or above the poverty level must not 26.19 decreasedue to the addition of family membersafter the 26.20 family's initial eligibility determination due to the addition 26.21 to the family of children eligible for child care. Parent fees 26.22 must be established in rule and must provide for graduated 26.23 movement to full payment. 26.24 Sec. 33. Minnesota Statutes 1998, section 119B.13, is 26.25 amended to read: 26.26 119B.13 [CHILD CARE RATES.] 26.27 Subdivision 1. [SUBSIDY RESTRICTIONS.]Effective July 1,26.281991,The maximum rate paid for child care assistance under the 26.29 child care fund isthe maximum rate eligible for federal26.30reimbursement. The rate may not exceedthe 75th percentile rate 26.31 for like-care arrangements in the county as surveyed by the 26.32 commissioner. A rate which includes a provider bonus paid under 26.33 subdivision 2 or a special needs rate paid under subdivision 3 26.34 may be in excess of the maximum rate allowed under this 26.35 subdivision. The department of children, families, and learning 26.36 shall monitor the effect of this paragraph on provider rates. 27.1 The county shall pay the provider's full charges for every child 27.2 in care up to the maximum established. The commissioner shall 27.3 determine the maximum rate for each type of care, including 27.4 special needs and handicapped care. Not less than once every 27.5 two years, thecountycommissioner shall evaluateratesmarket 27.6 practices for payment ofabsent spacesabsences and shall 27.7 establish policies for payment of absent days that reflect 27.8 current market practice. 27.9 When the provider charge is greater than the maximum 27.10 provider rate allowed, the parent is responsible for payment of 27.11 the difference in the rates in addition to any family copayment 27.12 fee. 27.13 Subd. 2. [PROVIDER RATE BONUS FOR ACCREDITATION.] 27.14Currently accredited child care centers shall be paid a ten27.15percent bonus above the maximum rate established in subdivision27.161, up to the actual provider rate.A family day care 27.17 provider or child care center shall be paid a ten percent bonus 27.18 above the maximum rate established in subdivision 1 up to the 27.19 actual provider rate, if the provider or center holds a current 27.20 early childhood development credential approved by the 27.21 commissioner, up to the actual provider rate.For purposes of27.22this subdivision, "accredited" means accredited by the National27.23Association for the Education of Young Children.27.24 Subd. 3. [PROVIDER RATE FOR CARE OF CHILDREN WITH 27.25 HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 27.26 for the care of children with handicaps or special needs, at a 27.27 special rate to besetapproved by the county for care of these 27.28 children, subject to the approval of the commissioner. 27.29 Subd. 4. [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 27.30 Child care providers receiving reimbursement under this chapter 27.31 may not charge a rate to clients receiving assistance under this 27.32 chapter that is higher than the private, full-paying client rate. 27.33 Subd. 5. [PROVIDER NOTICE.] The county shall inform both 27.34 the family receiving assistance under this chapter and the child 27.35 care provider of the payment amount and how and when payment 27.36 will be received. If the county sends a family a notice that 28.1 child care assistance will be terminated, the county shall 28.2 inform the provider that unless the family requests to continue 28.3 to receive assistance pending an appeal, child care payments 28.4 will no longer be made. The notice to thevendorprovider must 28.5 not contain any private data on the family or information on why 28.6 payment will no longer be made. 28.7 Subd. 6. [PROVIDER PAYMENTS.] Counties shall makevendor28.8 payments to the child care provider, or may pay the parent 28.9 directly for eligible child care expenses if the county has 28.10 established procedures and requires documentation to ensure that 28.11 the payment is used for child care. As required by the county, 28.12 a parent who receives a direct child care payment must provide 28.13 documentation that the payment was used for eligible child care 28.14 expenses.If payments for child care assistance are made to28.15providers,The provider or parent shall bill the county for 28.16 services provided within ten days of the end of the month of 28.17 service. If bills are submitted in accordance with the 28.18 provisions of this subdivision, a county shall issue paymentto28.19the provider offor child care assistance under the child care 28.20 fund within 30 days of receiving an invoicefrom the provider. 28.21 Counties may establish policies that make payments on a more 28.22 frequent basis. A county's payment policies must be included in 28.23 the county's child care plan under section 119B.08, subdivision 28.24 3. 28.25 Sec. 34. 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 insure that child care services 28.29 available to eligible residents are well advertised and that 28.30 everyone who receives or applies foraid to families with28.31dependent 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. 35. 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 theAFDCMFIP 29.4 child care program for payments to counties for administrative 29.5 expenses. 29.6 Sec. 36. 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 of1224 months following the 29.18 completion of all courses paid for by the educational loan. 29.19 Sec. 37. 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,29.25survey and report on all components of the child care system,29.26including, but not limited to, availability of licensed child29.27care slots, the number of children in various kinds of child29.28care settings, staff wages, rate of staff turnover,29.29qualifications of child care workers, cost of child care by type29.30of service and ages of children, and child care availability29.31through school systems;29.32(2) by September 1, 1998, and every five years thereafter,29.33survey and report on the extent to which existing child care29.34services fulfill the need for child care, giving particular29.35attention to the need for part-time care and for care of29.36infants, sick children, children with special needs, low-income30.1children, toddlers, and school-age children;30.2(3)administer the child care fund, including the sliding 30.3 fee program authorized under sections 119B.01 to 119B.16; 30.4(4)(2) monitor the child care resource and referral 30.5 programs established under section 119B.19; and 30.6(5)(3) encourage child care providers to participate in a 30.7 nationally recognized accreditation system for early childhood 30.8 programs. The commissioner shall reimburse licensed child care 30.9 providers for one-half of the direct cost of accreditation fees, 30.10 upon successful completion of accreditation. 30.11 Sec. 38. Minnesota Statutes 1998, section 119B.25, 30.12 subdivision 3, is amended to read: 30.13 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 30.14 receives a grant under this section shall use the money to: 30.15 (1) establish a revolving loan fund to make loans to 30.16 existing, expanding, and new licensed and legal unlicensed child 30.17 care and early childhood education sites; 30.18 (2) establish a fund to guarantee private loans to improve 30.19 or construct a child care or early childhood education site; 30.20 (3) establish a fund to provide forgivable loans or grants 30.21 to match all or part of a loan made under this section;and30.22 (4) establish a fund as a reserve against bad debt; and 30.23 (5) establish a fund to provide business planning 30.24 assistance for child care providers. 30.25 The nonprofit corporation shall establish the terms and 30.26 conditions for loans and loan guarantees including, but not 30.27 limited to, interest rates, repayment agreements, private match 30.28 requirements, and conditions for loan forgiveness. The 30.29 nonprofit corporation shall establish a minimum interest rate 30.30 for loans to ensure that necessary loan administration costs are 30.31 covered. The nonprofit corporation may use interest earnings 30.32 for administrative expenses. 30.33 Sec. 39. Minnesota Statutes 1998, section 121A.19, is 30.34 amended to read: 30.35 121A.19 [DEVELOPMENTAL SCREENING AID.] 30.36 Each school year, the state must pay a district$25$40.50 31.1 for each child screened according to the requirements of section 31.2 121A.17. If this amount of aid is insufficient, the district 31.3 may permanently transfer from the general fund an amount that, 31.4 when added to the aid, is sufficient. 31.5 Sec. 40. Minnesota Statutes 1998, section 124D.13, 31.6 subdivision 2, is amended to read: 31.7 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 31.8 education programs are programs for children in the period of 31.9 life from birth to kindergarten, for the parents of such 31.10 children, and for expectant parents. The programs may include 31.11 the following: 31.12 (1) programs to educate parents about the physical, mental, 31.13 and emotional development of children; 31.14 (2) programs to enhance the skills of parents in providing 31.15 for their children's learning and development; 31.16 (3) learning experiences for children and parents that 31.17 promote children's development; 31.18 (4) activities designed to detect children's physical, 31.19 mental, emotional, or behavioral problems that may cause 31.20 learning problems; 31.21 (5) activities and materials designed to encourage 31.22 self-esteem, skills, and behavior that prevent sexual and other 31.23 interpersonal violence; 31.24 (6) educational materials which may be borrowed for home 31.25 use; 31.26 (7) information on related community resources; 31.27 (8) programs to prevent child abuse and neglect; 31.28 (9) other programs or activities to improve the health, 31.29 development, and learning readiness of children;or31.30 (10) activities designed to maximize development during 31.31 infancy; or 31.32 (11) activities designed especially for expectant parents. 31.33 The programs must not include activities for children that 31.34 do not require substantial involvement of the children's 31.35 parents. The programs must be reviewed periodically to assure 31.36 the instruction and materials are not racially, culturally, or 32.1 sexually biased. The programs must encourage parents to be 32.2 aware of practices that may affect equitable development of 32.3 children. 32.4 Sec. 41. Minnesota Statutes 1998, section 124D.135, 32.5 subdivision 1, is amended to read: 32.6 Subdivision 1. [REVENUE.] The revenue for early childhood 32.7 family education programs for a school district equals$101.2532.8for 1998 and$113.50 for19992000 and $120 for 2001 and later 32.9 fiscal years times the greater of: 32.10 (1) 150; or 32.11 (2) the number of people under five years of age residing 32.12 in the district on October 1 of the previous school year. 32.13 Sec. 42. Minnesota Statutes 1998, section 124D.135, 32.14 subdivision 3, is amended to read: 32.15 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 32.16 obtain early childhood family education revenue, a district may 32.17 levy an amount equal to the tax rate of.45.53575 percent times 32.18 the adjusted tax capacity of the district for the year preceding 32.19 the year the levy is certified. If the amount of the early 32.20 childhood family education levy would exceed the early childhood 32.21 family education revenue, the early childhood family education 32.22 levy must equal the early childhood family education revenue. 32.23 Sec. 43. Minnesota Statutes 1998, section 124D.19, 32.24 subdivision 11, is amended to read: 32.25 Subd. 11. [EXTENDED DAYSCHOOL-AGE CARE PROGRAMS.] (a) A 32.26 school board may offer, as part of a community education 32.27 program,an extended daya school-age care program for children 32.28 from kindergarten through grade 6 for the purpose of expanding 32.29 students' learning opportunities. If the school board chooses 32.30 not to offer a school-age care program, it may allow an 32.31 appropriate insured community group, for-profit entity, or 32.32 nonprofit organization to use available school facilities for 32.33 the purpose of offering a school-age care program. 32.34 (b) A school-age care program must include the following: 32.35 (1) adult supervised programs while school is not in 32.36 session; 33.1 (2) parental involvement in program design and direction; 33.2 (3) partnerships with the kindergarten through grade 12 33.3 system, and other public, private, or nonprofit entities;and33.4 (4) opportunities for trained secondary school pupils to 33.5 work with younger children in a supervised setting as part of a 33.6 community service program.; and 33.7 (5) access to available school facilities, including the 33.8 gymnasium, sports equipment, computer labs, and media centers, 33.9 when not otherwise in use as part of the operation of the 33.10 school. The school district may establish reasonable rules 33.11 relating to access to these facilities and may require that: 33.12 (i) the organization request access to the facilities and 33.13 prepare and maintain a schedule of proposed use; 33.14 (ii) the organization provide evidence of adequate 33.15 insurance to cover the activities to be conducted in the 33.16 facilities; and 33.17 (iii) the organization prepare and maintain a plan 33.18 demonstrating the adequacy and training of staff to supervise 33.19 the use of the facilities. 33.20(b)(c) The district may charge a sliding fee based upon 33.21 family income forextended dayschool-age care programs. The 33.22 district may receive money from other public or private sources 33.23 for theextended dayschool-age care program. The board of the 33.24 district must develop standards for school-age child care 33.25 programs.Districts must adopt standards within one year after33.26the district first offers services under a program authorized by33.27this subdivision.The state board of education may not adopt 33.28 rules forextended dayschool-age care programs. 33.29(c)(d) The district shall maintain a separate account 33.30 within the community services fund for all funds related to the 33.31extended dayschool-age care program. 33.32 (e) A district is encouraged to coordinate the school-age 33.33 care program with its special education, vocational education, 33.34 adult basic education, early childhood family education 33.35 programs, kindergarten through grade 12 instruction and 33.36 curriculum services, youth development and youth service 34.1 agencies, and with related services provided by other 34.2 governmental agencies and nonprofit agencies. 34.3 Sec. 44. Minnesota Statutes 1998, section 124D.22, is 34.4 amended to read: 34.5 124D.22 [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] 34.6 Subdivision 1. [ELIGIBILITY.] A district that offersan34.7extended daya school-age care program according to section 34.8 124D.19, subdivision 11, is eligible forextended dayschool-age 34.9 care revenue for the additional costs of providing services to 34.10 children with disabilities or to children experiencing family or 34.11 related problems of a temporary nature who participate in 34.12 theextended dayschool-age care program. 34.13 Subd. 2. [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] The 34.14extended dayschool-age care revenue for an eligible district 34.15 equals the approved additional cost of providing services to 34.16 children with disabilities or children experiencing family or 34.17 related problems of a temporary nature who participate in 34.18 theextended dayschool-age care program. 34.19 Subd. 3. [EXTENDED DAYSCHOOL-AGE CARE LEVY.] To obtain 34.20extended dayschool-age care revenue, a school district may levy 34.21 an amount equal to the district'sextended dayschool-age care 34.22 revenue as defined in subdivision 2 multiplied by the lesser of 34.23 one, or the ratio of the quotient derived by dividing the 34.24 adjusted net tax capacity of the district for the year before 34.25 the year the levy is certified by the resident pupil units in 34.26 the district for the school year to which the levy is 34.27 attributable, to$3,767$3,166. 34.28 Subd. 4. [EXTENDED DAYSCHOOL-AGE CARE AID.] A district's 34.29extended dayschool-age care aid is the difference between 34.30 itsextended dayschool-age care revenue and itsextended34.31dayschool-age care levy. If a district does not levy the 34.32 entire amount permitted,extended dayschool-age care aid must 34.33 be reduced in proportion to the actual amount levied. 34.34 Sec. 45. Minnesota Statutes 1998, section 124D.23, is 34.35 amended by adding a subdivision to read: 34.36 Subd. 2a. [INSURANCE.] The commissioner of children, 35.1 families, and learning may designate one collaborative to act as 35.2 a lead collaborative for purposes of obtaining liability 35.3 coverage for participating collaboratives. 35.4 Sec. 46. Minnesota Statutes 1998, section 125A.35, 35.5 subdivision 5, is amended to read: 35.6 Subd. 5. [INCREASED COSTS.] County boards that have 35.7 submitted base year 1993 expenditures as required under 35.8 subdivision 4 are not required to pay any increased cost over 35.9 the base year 1993 for early intervention services resulting 35.10 from implementing the early intervention system. Increased 35.11 costs to county boards may be paid for with early intervention 35.12flow-throughservice dollars. 35.13 Sec. 47. Minnesota Statutes 1998, section 256.01, 35.14 subdivision 4, is amended to read: 35.15 Subd. 4. [DUTIES AS STATE AGENCY.] The state agency shall: 35.16 (1) supervise the administration of assistance to dependent 35.17 children under Laws 1937, chapter 438, by the county agencies in 35.18 an integrated program with other service for dependent children 35.19 maintained under the direction of the state agency; 35.20 (2) may subpoena witnesses and administer oaths, make 35.21 rules, and take such action as may be necessary, or desirable 35.22 for carrying out the provisions of Laws 1937, chapter 438. All 35.23 rules made by the state agency shall be binding on the counties 35.24 and shall be complied with by the respective county agencies; 35.25 (3) establish adequate standards for personnel employed by 35.26 the counties and the state agency in the administration of Laws 35.27 1937, chapter 438, and make the necessary rules to maintain such 35.28 standards; 35.29 (4) prescribe the form of and print and supply to the 35.30 county agencies blanks for applications, reports, affidavits, 35.31 and such other forms as it may deem necessary and advisable; 35.32 (5) cooperate with the federal government and its public 35.33 welfare agencies in any reasonable manner as may be necessary to 35.34 qualify for federal aid for aid to dependent children and in 35.35 conformity with the provisions of Laws 1937, chapter 438, 35.36 including the making of such reports and such forms and 36.1 containing such information as the Federal Social Security Board 36.2 may from time to time require, and comply with such provisions 36.3 as such board may from time to time find necessary to assure the 36.4 correctness and verification of such reports; 36.5 (6) may cooperate with other state agencies in establishing 36.6 reciprocal agreements in instances where a child receiving aid 36.7 to dependent children moves or contemplates moving into or out 36.8 of the state, in order that such child may continue to receive 36.9 supervised aid from the state moved from until the child shall 36.10 have resided for one year in the state moved to; 36.11 (7) on or before October 1 in each even-numbered year make 36.12 a biennial report to the governor concerning the activities of 36.13 the agency;and36.14 (8) enter into agreements with other departments of the 36.15 state as necessary to meet all requirements of the federal 36.16 government; and 36.17 (9) cooperate with the commissioner of children, families, 36.18 and learning to enforce the requirements for program integrity 36.19 and fraud prevention for investigation for child care assistance 36.20 under chapter 119B. 36.21 Sec. 48. Minnesota Statutes 1998, section 256.045, is 36.22 amended by adding a subdivision to read: 36.23 Subd. 3c. [FINAL ORDERS; HEARING UNDER SECTION 36.24 119B.16.] The state human services referee must recommend an 36.25 order to the commissioner of children, families, and learning in 36.26 appeals filed under section 119B.16. The commissioner must 36.27 affirm, reverse, or amend the final disposition. Any order 36.28 issued in accordance with this subdivision is conclusive upon 36.29 the parties until an appeal is taken according to subdivision 7. 36.30 Sec. 49. Minnesota Statutes 1998, section 256.045, 36.31 subdivision 6, is amended to read: 36.32 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; 36.33 SUBPOENAS.] (a) The commissioner of human services,orthe 36.34 commissioner of health for matters within the commissioner's 36.35 jurisdiction under subdivision 3b, or the commissioner of 36.36 children, families, and learning for matters within the 37.1 commissioner's jurisdiction under subdivision 3c, may initiate a 37.2 review of any action or decision of a county agency and direct 37.3 that the matter be presented to a state human services referee 37.4 for a hearing held under subdivision 3, 3a, 3b, 3c, or 4a. In 37.5 all matters dealing with human services committed by law to the 37.6 discretion of the county agency, the commissioner's judgment may 37.7 be substituted for that of the county agency. The commissioner 37.8 may order an independent examination when appropriate. 37.9 (b) Any party to a hearing held pursuant to subdivision 3, 37.10 3a, 3b, 3c, or 4a may request that the commissioner issue a 37.11 subpoena to compel the attendance of witnesses and the 37.12 production of records at the hearing. A local agency may 37.13 request that the commissioner issue a subpoena to compel the 37.14 release of information from third parties prior to a request for 37.15 a hearing under section 256.046 upon a showing of relevance to 37.16 such a proceeding. The issuance, service, and enforcement of 37.17 subpoenas under this subdivision is governed by section 357.22 37.18 and the Minnesota Rules of Civil Procedure. 37.19 (c) The commissioner may issue a temporary order staying a 37.20 proposed demission by a residential facility licensed under 37.21 chapter 245A while an appeal by a recipient under subdivision 3 37.22 is pending or for the period of time necessary for the county 37.23 agency to implement the commissioner's order. 37.24 Sec. 50. Minnesota Statutes 1998, section 256.045, 37.25 subdivision 7, is amended to read: 37.26 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health 37.27 plan, any party who is aggrieved by an order of the commissioner 37.28 of human services,orthe commissioner of health in appeals 37.29 within the commissioner's jurisdiction under subdivision 3b, or 37.30 the commissioner of children, families, and learning for matters 37.31 within the commissioner's jurisdiction under subdivision 3c, may 37.32 appeal the order to the district court of the county responsible 37.33 for furnishing assistance, or, in appeals under subdivision 3b, 37.34 the county where the maltreatment occurred, by serving a written 37.35 copy of a notice of appeal upon the commissioner and any adverse 37.36 party of record within 30 days after the date the commissioner 38.1 issued the order, the amended order, or order affirming the 38.2 original order, and by filing the original notice and proof of 38.3 service with the court administrator of the district court. 38.4 Service may be made personally or by mail; service by mail is 38.5 complete upon mailing; no filing fee shall be required by the 38.6 court administrator in appeals taken pursuant to this 38.7 subdivision, with the exception of appeals taken under 38.8 subdivision 3b. The commissioner may elect to become a party to 38.9 the proceedings in the district court. Except for appeals under 38.10 subdivision 3b, any party may demand that the commissioner 38.11 furnish all parties to the proceedings with a copy of the 38.12 decision, and a transcript of any testimony, evidence, or other 38.13 supporting papers from the hearing held before the human 38.14 services referee, by serving a written demand upon the 38.15 commissioner within 30 days after service of the notice of 38.16 appeal. Any party aggrieved by the failure of an adverse party 38.17 to obey an order issued by the commissioner under subdivision 5 38.18 may compel performance according to the order in the manner 38.19 prescribed in sections 586.01 to 586.12. 38.20 Sec. 51. Minnesota Statutes 1998, section 256.046, 38.21 subdivision 1, is amended to read: 38.22 Subdivision 1. [HEARING AUTHORITY.] A local agencyshall38.23 must initiate an administrative fraud disqualification hearing 38.24 for individuals accused of wrongfully obtaining assistance or 38.25 intentional program violations, in lieu of a criminal action 38.26 when it has not been pursued, in the aid to families with 38.27 dependent children,MFIP-SMFIP, child care assistance programs 38.28 under chapter 119B, general assistance, family general 38.29 assistance, Minnesota supplemental aid, medical care, or food 38.30 stamp programs. The hearing is subject to the requirements of 38.31 section 256.045 and the requirements in Code of Federal 38.32 Regulations, title 7, section 273.16, for the food stamp program 38.33 and title 45, section 235.112, as of September 30, 1995, for the 38.34 cash grant and medical care programs. 38.35 Sec. 52. Minnesota Statutes 1998, section 256.98, 38.36 subdivision 1, is amended to read: 39.1 Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person 39.2 who commits any of the following acts or omissions with intent 39.3 to defeat the purposes of sections 145.891 to 145.897, 256.12, 39.4 256.031 to 256.361, 256.72 to 256.871, 256.9365, 256.94 to 39.5 256.966,child care, MFIP-SMFIP, chapter 256B, 256D, 256J, 39.6 256K, or 256L, child care assistance programs under chapter 39.7 119B, or all of these sections, is guilty of theft and shall be 39.8 sentenced under section 609.52, subdivision 3, clauses (1) to 39.9 (5): 39.10 (1) obtains or attempts to obtain, or aids or abets any 39.11 person to obtain by means of a willfully false statement or 39.12 representation, by intentional concealment of any material fact, 39.13 or by impersonation or other fraudulent device, assistance or 39.14 the continued receipt of assistance, to include child 39.15 care assistance under chapter 119B or vouchers produced 39.16 according to sections 145.891 to 145.897 and MinnesotaCare 39.17 services according to sections 256.9365, 256.94, and 256L.01 to 39.18 256L.16, to which the person is not entitled or assistance 39.19 greater than that to which the person is entitled; 39.20 (2) knowingly aids or abets in buying or in any way 39.21 disposing of the property of a recipient or applicant of 39.22 assistance without the consent of the county agency; or 39.23 (3) obtains or attempts to obtain, alone or in collusion 39.24 with others, the receipt of payments to which the individual is 39.25 not entitled as a provider of child care subsidized through 39.26 programs in chapter 119B, or by furnishing or concurring in a 39.27 willfully false claim for child care assistance under chapter 39.28 119B. 39.29 The continued receipt of assistance to which the person is 39.30 not entitled or greater than that to which the person is 39.31 entitled as a result of any of the acts, failure to act, or 39.32 concealment described in this subdivision shall be deemed to be 39.33 continuing offenses from the date that the first act or failure 39.34 to act occurred. 39.35 Sec. 53. Minnesota Statutes 1998, section 256.98, 39.36 subdivision 7, is amended to read: 40.1 Subd. 7. [DIVISION OF RECOVERED AMOUNTS.] (a) Except for 40.2 recoveries under paragraph (b), if the state is responsible for 40.3 the recovery, the amounts recovered shall be paid to the 40.4 appropriate units of government as provided under section 40.5 256.863. If the recovery is directly attributable to a county, 40.6 the county may retain one-half of the nonfederal share of any 40.7 recovery from a recipient or the recipient's estate. 40.8 (b) Recoveries for child care assistance under chapter 119B 40.9 must be distributed according to section 119B.11, subdivision 3. 40.10 This subdivision does not apply to recoveries from medical 40.11 providers or to recoveries involving the department of human 40.12 services, surveillance and utilization review division, state 40.13 hospital collections unit, and the benefit recoveries division. 40.14 Sec. 54. Minnesota Statutes 1998, section 256.98, 40.15 subdivision 8, is amended to read: 40.16 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person 40.17 found to be guilty of wrongfully obtaining assistance by a 40.18 federal or state court or by an administrative hearing 40.19 determination, or waiver thereof, through a disqualification 40.20 consent agreement, or as part of any approved diversion plan 40.21 under section 401.065, or any court-ordered stay which carries 40.22 with it any probationary or other conditions, in the aid to 40.23 families with dependent children program, the Minnesota family 40.24 assistance program-statewide, the food stamp program, the 40.25 Minnesota family investment plan,child care program,the 40.26 general assistance or family general assistance program, or the 40.27 Minnesota supplemental aid program shall be disqualified from 40.28 that program. The needs of that individual shall not be taken 40.29 into consideration in determining the grant level for that 40.30 assistance unit: 40.31 (1) for one year after the first offense; 40.32 (2) for two years after the second offense; and 40.33 (3) permanently after the third or subsequent offense. 40.34 The period of program disqualification shall begin on the 40.35 date stipulated on the advance notice of disqualification 40.36 without possibility of postponement for administrative stay or 41.1 administrative hearing and shall continue through completion 41.2 unless and until the findings upon which the sanctions were 41.3 imposed are reversed by a court of competent jurisdiction. The 41.4 period for which sanctions are imposed is not subject to 41.5 review. The sanctions provided under this subdivision are in 41.6 addition to, and not in substitution for, any other sanctions 41.7 that may be provided for by law for the offense involved. A 41.8 disqualification established through hearing or waiver shall 41.9 result in the disqualification period beginning immediately 41.10 unless the person has become otherwise ineligible for 41.11 assistance. If the person is ineligible for assistance, the 41.12 disqualification period begins when the person again meets the 41.13 eligibility criteria of the program from which they were 41.14 disqualified and makes application for that program. 41.15 (b) A family receiving assistance through child care 41.16 assistance programs under chapter 119B with a family member who 41.17 is found to be guilty of wrongfully obtaining assistance by a 41.18 federal court, state court, or an administrative hearing 41.19 determination or waiver, through a disqualification consent 41.20 agreement, as part of an approved diversion plan under section 41.21 401.065, or a court-ordered stay with probationary or other 41.22 conditions, is disqualified from child care assistance programs. 41.23 The disqualifications must be for periods of three months, six 41.24 months, and two years for the first, second, and third offenses 41.25 respectively. Subsequent violations must result in permanent 41.26 disqualification. During the disqualification period, 41.27 disqualification from any child care program must extend to all 41.28 child care programs and must be immediately applied. 41.29 Sec. 55. Minnesota Statutes 1998, section 256.983, 41.30 subdivision 3, is amended to read: 41.31 Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner 41.32 shall establish training programs which shall be attended by all 41.33 investigative and supervisory staff of the involved county 41.34 agencies. The commissioner shall also develop the necessary 41.35 operational guidelines, forms, and reporting mechanisms, which 41.36 shall be used by the involved county agencies. An individual's 42.1 application or redetermination formshallfor public assistance 42.2 benefits, including child care assistance programs under chapter 42.3 119B and medical care programs, must include an authorization 42.4 for release by the individual to obtain documentation for any 42.5 information on that form which is involved in a fraud prevention 42.6 investigation. The authorization for releasewould beis 42.7 effectiveuntilfor six months after public assistance benefits 42.8 have ceased. 42.9 Sec. 56. Minnesota Statutes 1998, section 256.983, 42.10 subdivision 4, is amended to read: 42.11 Subd. 4. [FUNDING.] (a) County agency reimbursement shall 42.12 be made through the settlement provisions applicable to the aid 42.13 to families with dependent children program, food stamp program, 42.14Minnesota family investment program-statewideMFIP, child care 42.15 assistance programs under chapter 119B, and medical assistance 42.16 program and other federal and state-funded programs. 42.17 (b) The commissioner will maintain program compliance if 42.18 for any three consecutive month period, a county agency fails to 42.19 comply with fraud prevention investigation program guidelines, 42.20 or fails to meet the cost-effectiveness standards developed by 42.21 the commissioner. This result is contingent on the commissioner 42.22 providing written notice, including an offer of technical 42.23 assistance, within 30 days of the end of the third or subsequent 42.24 month of noncompliance. The county agency shall be required to 42.25 submit a corrective action plan to the commissioner within 30 42.26 days of receipt of a notice of noncompliance. Failure to submit 42.27 a corrective action plan or, continued deviation from standards 42.28 of more than ten percent after submission of a corrective action 42.29 plan, will result in denial of funding for each subsequent 42.30 month, or billing the county agency for fraud prevention 42.31 investigation (FPI) service provided by the commissioner, or 42.32 reallocation of program grant funds, or investigative resources, 42.33 or both, to other counties. The denial of funding shall apply 42.34 to the general settlement received by the county agency on a 42.35 quarterly basis and shall not reduce the grant amount applicable 42.36 to the FPI project. 43.1 Sec. 57. Minnesota Statutes 1998, section 466.01, 43.2 subdivision 1, is amended to read: 43.3 Subdivision 1. [MUNICIPALITY.] For the purposes of 43.4 sections 466.01 to 466.15, "municipality" means any city, 43.5 whether organized under home rule charter or otherwise, any 43.6 county, town, public authority, public corporation, nonprofit 43.7 firefighting corporation that has associated with it a relief 43.8 association as defined in section 424A.001, subdivision 4, 43.9 special district, school district, however organized, county 43.10 agricultural society organized pursuant to chapter 38, joint 43.11 powers board or organization created under section 471.59 or 43.12 other statute, public library, regional public library system, 43.13 multicounty multitype library system, the following local 43.14 collaboratives whose plans have been approved by the children's 43.15 cabinet: family servicescollaborativecollaboratives 43.16 established under section 124D.23, children's mental health 43.17 collaboratives established under sections 245.491 to 245.496, or 43.18 a collaborative established by the merger of a children's mental 43.19 health collaborative and a family services collaborative, other 43.20 political subdivision, or community action agency. 43.21 Sec. 58. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 43.22 FISCAL YEAR 2000.] 43.23 A district that complies with Minnesota Statutes, section 43.24 124D.13, shall receive additional early childhood family 43.25 education aid for fiscal year 2000 equal to $2.46 times the 43.26 greater of: 43.27 (1) 150; or 43.28 (2) the number of people under five years of age residing 43.29 in the school district on October 1 of the previous school 43.30 year. The additional early childhood family education aid may 43.31 be used only for early childhood family education programs. 43.32 Sec. 59. [PLAN FOR INTEGRATION.] 43.33 The commissioner of children, families, and learning shall 43.34 develop a plan for integrating child care and early childhood 43.35 education programs and services. The plan must focus on 43.36 cost-efficient delivery of services and address central location 44.1 of programs, integration of programs, ease of accessibility to 44.2 services by families, nontraditional hours of child care, infant 44.3 care, sick child care, special needs child care, and legislative 44.4 simplification of programs. The commissioner shall consult with 44.5 representatives from a variety of for-profit, nonprofit, and 44.6 publicly funded child care and early childhood education 44.7 programs and services in developing the plan. The plan must 44.8 contain budget recommendations, proposed legislation in draft 44.9 form, and recommendations for financial incentives to reward 44.10 programs that provide cooperative services. The commissioner 44.11 must report on the plan by January 15, 2001, to the senate and 44.12 house committees having jurisdiction over child care and early 44.13 childhood education programs. 44.14 Sec. 60. [PRE-TAX CHILD CARE ACCOUNTS; INCENTIVES FOR 44.15 EMPLOYERS.] 44.16 The commissioner of children, families, and learning in 44.17 cooperation with the commissioner of revenue must establish 44.18 incentives to increase parental choice in child care through 44.19 increased availability of pre-tax child care accounts. The 44.20 commissioner may use a portion of the available Child Care and 44.21 Development Fund to establish incentives under this section. 44.22 The incentives must encourage employers to participate by 44.23 establishing accounts for their employees. Incentives may 44.24 include technical assistance, a one-time cash payment to 44.25 employers who establish accounts, workshops for employers or 44.26 employees on the advantages of pretax accounts, and other types 44.27 of promotional material or assistance. The commissioner must 44.28 report to the legislature by February 1, 2000, on progress under 44.29 this section. 44.30 Sec. 61. [PARENT FEE SCHEDULE.] 44.31 The commissioner of children, families, and learning shall 44.32 amend the parent fee schedule in Minnesota Rules, chapter 3400, 44.33 to do the following: 44.34 (1) parent fees for families with incomes between 75 44.35 percent and 100 percent of the federal poverty guidelines must 44.36 equal $7.50 per month; 45.1 (2) parent fees for families with incomes between 101.01 45.2 percent of the federal poverty guidelines and 35 percent of the 45.3 state median income must equal 2.20 percent of adjusted gross 45.4 income for families at 35 percent of the state median income; 45.5 (3) parent fees for families with incomes between 35.01 45.6 percent state median income and 42 percent of the state median 45.7 income must equal 2.70 percent of adjusted gross income for 45.8 families at 42 percent of the state median income; 45.9 (4) parent fees for families with incomes between 42.01 45.10 percent state median income and 75 percent of the state median 45.11 income must begin at 3.75 percent of adjusted gross income and 45.12 provide for graduated movement of fee increases; and 45.13 (5) parent fees for families at 75 percent of state median 45.14 income must equal 20.0 percent of gross annual income. 45.15 Sec. 62. [REPORT ON EFFECTIVENESS OF PROGRAM INTEGRITY 45.16 EFFORTS.] 45.17 The commissioner of children, families, and learning shall 45.18 report to the legislative committees on family and early 45.19 childhood education by December 1, 2000, on the authorized 45.20 program integrity and fraud prevention efforts for child care 45.21 assistance under Minnesota Statutes, chapter 119B. The report 45.22 must identify the amount of wrongfully obtained child care, 45.23 total savings generated by child care fraud investigation, and 45.24 the use of money recovered through fraud investigation, 45.25 including general fund savings, transfers to the basic sliding 45.26 fee program, and any savings to other public entities, including 45.27 counties administering child care assistance. 45.28 Sec. 63. [RULES REGULATING PUBLIC SWIMMING POOLS.] 45.29 (a) The commissioner of health shall amend Minnesota Rules, 45.30 part 4717.0250, subparts 7 and 8, to specify that the following 45.31 wading pools are private residential pools, and not public 45.32 pools, for purposes of public swimming pool regulation under 45.33 Minnesota Rules, chapter 4717: 45.34 (1) a wading pool operated at a family day care or group 45.35 family day care home that is licensed under Minnesota Rules, 45.36 chapter 9502; and 46.1 (2) a wading pool operated at a home at which child care 46.2 services are provided under Minnesota Statutes, section 245A.03, 46.3 subdivision 2, clause (2), or under Laws 1997, chapter 248, 46.4 section 46, including subsequent amendments. 46.5 (b) The amendments required by this section may be done in 46.6 the manner specified in Minnesota Statutes, section 14.388, 46.7 under the authority of clause (3) of that section. 46.8 Sec. 64. [REVISOR INSTRUCTION.] 46.9 The revisor of statutes shall change the headnote of 46.10 Minnesota Statutes, section 119B.05, from "AFDC CHILD CARE 46.11 PROGRAM" to "CHILD CARE ASSISTANCE PROGRAM" and the headnote of 46.12 Minnesota Statutes, section 125A.35, from "EARLY INTERVENTION 46.13 FLOW-THROUGH DOLLARS" to "EARLY INTERVENTION SERVICE DOLLARS." 46.14 Sec. 65. [APPROPRIATIONS.] 46.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 46.16 LEARNING.] The sums indicated in this section are appropriated 46.17 from the general fund to the department of children, families, 46.18 and learning for the fiscal years designated. 46.19 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 46.20 for learning readiness programs according to Minnesota Statutes, 46.21 sections 124D.15 and 124D.16: 46.22 $10,395,000 ..... 2000 46.23 $10,395,000 ..... 2001 46.24 The 2000 appropriation includes $1,040,000 for 1999 and 46.25 $9,355,000 for 2000. 46.26 The 2001 appropriation includes $1,040,000 for 2000 and 46.27 $9,355,000 for 2001. 46.28 Any balance in the first year does not cancel but is 46.29 available in the second year. 46.30 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 46.31 childhood family education aid according to Minnesota Statutes, 46.32 section 124D.135: 46.33 $18,747,000 ..... 2000 46.34 $21,288,000 ..... 2001 46.35 The 2000 appropriation includes $1,390,000 for 1999 and 46.36 $17,357,000 for 2000. 47.1 The 2001 appropriation includes $1,928,000 for 2000 and 47.2 $19,360,000 for 2001. 47.3 Any balance in the first year does not cancel but is 47.4 available in the second year. 47.5 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 47.6 health and developmental screening aid according to Minnesota 47.7 Statutes, sections 121A.17 and 121A.19: 47.8 $2,495,000 ..... 2000 47.9 $2,600,000 ..... 2001 47.10 The 2000 appropriation includes $155,000 for 1999 and 47.11 $2,340,000 for 2000. 47.12 The 2001 appropriation includes $260,000 for 2000 and 47.13 $2,340,000 for 2001. 47.14 Any balance in the first year does not cancel but is 47.15 available in the second year. 47.16 Subd. 5. [WAY TO GROW.] For grants for existing way to 47.17 grow programs according to Minnesota Statutes, section 124D.17: 47.18 $475,000 ..... 2000 47.19 $475,000 ..... 2001 47.20 Any balance in the first year does not cancel but is 47.21 available in the second year. 47.22 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 47.23 according to Minnesota Statutes, section 119A.52: 47.24 $18,375,000 ..... 2000 47.25 $18,375,000 ..... 2001 47.26 Any balance in the first year does not cancel but is 47.27 available in the second year. 47.28 $3,000,000 each year is to promote or provide integrated 47.29 and coordinated services between Head Start and existing 47.30 childhood development, care and health programs for families and 47.31 young children ages 0 to 5, including learning readiness 47.32 programs, early childhood family education, child care, way to 47.33 grow programs, home visiting programs, and other related health, 47.34 social service, or development programs. Of this amount, 47.35 $1,000,000 each year must be used for grants to local Head Start 47.36 agencies for full year programming for children ages 0 to 3. 48.1 Services eligible for integration and coordination funding 48.2 include, but are not limited to, co-location of services, use of 48.3 existing sites, cooperative transportation, shared use of 48.4 support services, shared staff, and staff support. 48.5 Subd. 7. [SCHOOL AGE CARE AID.] For extended day aid 48.6 according to Minnesota Statutes, section 124D.22: 48.7 $274,000 ..... 2000 48.8 $216,000 ..... 2001 48.9 The 2000 appropriation includes $30,000 for 1999 and 48.10 $244,000 for 2000. 48.11 The 2001 appropriation includes $27,000 for 2000 and 48.12 $189,000 for 2001. 48.13 Any balance in the first year does not cancel but is 48.14 available in the second year. 48.15 Subd. 8. [BASIC SLIDING FEE CHILD CARE.] For child care 48.16 assistance according to Minnesota Statutes, section 119B.03: 48.17 $22,121,000 ..... 2000 48.18 $22,377,000 ..... 2001 48.19 Of the fiscal year 2000 appropriation, $2,500,000 is for 48.20 assistance under the at-home infant program under Minnesota 48.21 Statutes, section 119B.061. Of this amount $25,000 is for 48.22 advertising and promotion of the program. 48.23 Any balance in the first year does not cancel but is 48.24 available in the second year. 48.25 The fiscal year 2002 base must include general fund 48.26 appropriations and TANF transfers under section 66, subdivision 48.27 2. 48.28 Subd. 9. [MFIP CHILD CARE.] For child care assistance 48.29 according to Minnesota Statutes, section 119B.05: 48.30 $86,318,000 ..... 2000 48.31 $88,443,000 ..... 2001 48.32 Any balance in the first year does not cancel but is 48.33 available in the second year. 48.34 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 48.35 development grants according to Minnesota Statutes, section 48.36 119B.21: 49.1 $1,865,000 ..... 2000 49.2 $1,865,000 ..... 2001 49.3 Any balance in the first year does not cancel but is 49.4 available in the second year. 49.5 $100,000 of the fiscal year 2000 amount for child care 49.6 development must be used for a grant to develop child care and 49.7 early childhood development services for immigrant and refugee 49.8 communities. The grant may be used to support the establishment 49.9 of child care facilities, including a child care center, 49.10 licensed or legal family child care, or legal informal child 49.11 care. Grant funds may also be used for other child care costs, 49.12 including technical assistance, start-up costs, transportation 49.13 costs, training and mentoring, including training in English as 49.14 a second language and in interpreter skills, and other costs of 49.15 obtaining a child care license under Minnesota Statutes, chapter 49.16 245A. Priority for grants must be given to programs that 49.17 include persons who are fluent in English and in the native 49.18 language of the participating families, to programs that 49.19 demonstrate partnerships and collaboration, and to establishing 49.20 child care in areas with the highest concentration of immigrant 49.21 and refugee peoples. 49.22 $300,000 each year is for service development grants; 49.23 $850,000 each year is for resource and referral programs; and 49.24 $200,000 each year is for facilities development under Minnesota 49.25 Statutes, section 119B.25. 49.26 Sec. 66. [FEDERAL TANF TRANSFERS.] 49.27 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 49.28 LEARNING.] The sums indicated in this section are transferred 49.29 from the federal TANF fund to the child care and development 49.30 fund and appropriated to the department of children, families, 49.31 and learning for the fiscal years designated. 49.32 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 49.33 assistance according to Minnesota Statutes, section 119B.03: 49.34 $32,277,000 ..... 2000 49.35 $32,974,000 ..... 2001 49.36 This is a one-time appropriation. Any balance the first 50.1 year does not cancel but is available in the second year. 50.2 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 50.3 uninterrupted assistance under Minnesota Statutes, section 50.4 119B.03, for families completing transition year child care 50.5 assistance in fiscal year 2000: 50.6 $2,509,000 ..... 2000 50.7 This is a one-time appropriation. Any balance the first 50.8 year does not cancel but is available in the second year. 50.9 Subd. 4. [CHILD CARE DEVELOPMENT.] For child care 50.10 development activities: 50.11 $905,000 ..... 2000 50.12 $235,000 ..... 2001 50.13 Of the fiscal year 2000 appropriation, $300,000 is for 50.14 grants to resource and referral programs for child care 50.15 resources and referral programs under Minnesota Statutes 1998, 50.16 section 119B.21, for child care services development grants 50.17 under sections 119B.20 and 119B.21. 50.18 Of the fiscal year 2000 appropriation, $270,000 is for 50.19 forgivable loans to providers under Minnesota Statutes 1998, 50.20 section 119B.18, subdivision 3, and mentoring, training, and 50.21 apprenticeship programs for child care staff and providers. 50.22 $305,000 of the fiscal year 2000 appropriation and $235,000 50.23 of the 2001 appropriation is for a grant to a nonprofit 50.24 corporation under Minnesota Statutes, section 119B.25, for 50.25 purposes that are eligible for funding under the Child Care and 50.26 Development Fund, including improvements to child care 50.27 facilities, business planning, and development of licensed child 50.28 care. 50.29 Up to $30,000 of the fiscal year 2000 appropriation is for 50.30 incentive to establish pretax child care accounts. 50.31 These are one-time appropriations. Any balance in the 50.32 first year does not cancel but is available in the second year. 50.33 Subd. 5. [PROGRAM INTEGRITY.] For administrative costs of 50.34 program integrity and fraud prevention for child care assistance 50.35 programs under chapter 119B: 50.36 $ 300,000 ..... 2000 51.1 $ 300,000 ..... 2001 51.2 This must be a base general fund appropriation for fiscal 51.3 years 2002 and 2003. 51.4 Sec. 67. [REPEALER.] 51.5 (a) Minnesota Statutes 1998, sections 119B.01, subdivision 51.6 15; 119B.03, subdivision 7; 119B.05, subdivisions 6 and 7; 51.7 119B.075; 119B.17; and 124D.14, are repealed. 51.8 (b) Section 61 (parent fee schedule) is repealed on the 51.9 effective date of the specified rule changes in chapter 3400. 51.10 Sec. 68. [EFFECTIVE DATE.] 51.11 Section 61 (parent fee schedule) is effective the day 51.12 following final enactment. 51.13 ARTICLE 2 51.14 COMMUNITY AND SYSTEMS CHANGE 51.15 Section 1. Minnesota Statutes 1998, section 124D.20, 51.16 subdivision 5, is amended to read: 51.17 Subd. 5. [COMMUNITY EDUCATION LEVY.] To obtain community 51.18 education revenue, a district may levy the amount raised by a 51.19 tax rate of.41.49 percent times the adjusted net tax capacity 51.20 of the district. If the amount of the community education levy 51.21 would exceed the community education revenue, the community 51.22 education levy shall be determined according to subdivision 6. 51.23 Sec. 2. Laws 1997, First Special Session chapter 4, 51.24 article 1, section 61, subdivision 2, is amended to read: 51.25 Subd. 2. [TAX RATE ADJUSTMENT.] For taxes payable in 1998 51.26 and 1999, the commissioner shall adjust each tax rate 51.27 established under Minnesota Statutes, chapters124 and 124A51.28 120B, 122A, 123A, 123B, 124D, 125A, 126C, and 127A, by 51.29 multiplying the rate by the ratio of the statewide tax capacity 51.30 as calculated using the class rates in effect for assessment 51.31 year 1996 to the statewide tax capacity using the class rates 51.32 for that assessment year. 51.33 Sec. 3. Laws 1997, First Special Session chapter 4, 51.34 article 1, section 61, subdivision 3, as amended by Laws 1998, 51.35 chapter 398, article 1, section 41, is amended to read: 51.36 Subd. 3. [EQUALIZING FACTORS.] For taxes payable in 1998 52.1 and 1999, the commissioner shall adjust each equalizing factor 52.2 established using adjusted net tax capacity per actual pupil 52.3 unit under Minnesota Statutes, chapters124 and 124A120B, 122A, 52.4 123A, 123B, 124D, 125A, 126C, and 127A, by dividing the 52.5 equalizing factor by the ratio of the statewide tax capacity as 52.6 calculated using the class rates in effect for assessment year 52.7 1996 to the statewide tax capacity using the class rates for 52.8 that assessment year. 52.9 Sec. 4. [APPROPRIATIONS.] 52.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 52.11 LEARNING.] The sums indicated in this section are appropriated 52.12 from the general fund to the department of children, families, 52.13 and learning for the fiscal years designated. 52.14 Subd. 2. [FAMILY COLLABORATIVES.] For family 52.15 collaboratives according to Laws 1995, First Special Session 52.16 chapter 3, article 4, section 29, subdivision 10: 52.17 $4,777,000 ..... 2000 52.18 $2,535,000 ..... 2001 52.19 No new family services collaboratives shall be funded with 52.20 this appropriation after June 30, 1999. 52.21 Any balance in the first year does not cancel but is 52.22 available in the second year. 52.23 Subd. 3. [COMMUNITY EDUCATION AID.] For community 52.24 education aid according to Minnesota Statutes, section 124D.20: 52.25 $14,136,000 ..... 2000 52.26 $14,696,000 ..... 2001 52.27 The 2000 appropriation includes $160,000 for 1999 and 52.28 $13,976,000 for 2000. 52.29 The 2001 appropriation includes $1,552,000 for 2000 and 52.30 $13,144,000 for 2001. 52.31 Any balance in the first year does not cancel but is 52.32 available in the second year. 52.33 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 52.34 adults with disabilities programs according to Minnesota 52.35 Statutes, section 124D.56: 52.36 $670,000 ..... 2000 53.1 $670,000 ..... 2001 53.2 Any balance in the first year does not cancel but is 53.3 available in the second year. 53.4 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 53.5 hearing-impaired adults according to Minnesota Statutes, section 53.6 124D.57: 53.7 $70,000 ..... 2000 53.8 $70,000 ..... 2001 53.9 Any balance in the first year does not cancel but is 53.10 available in the second year. 53.11 Subd. 6. [FIRST CALL MINNESOTA.] For a grant to First Call 53.12 Minnesota to operate a statewide system of information and 53.13 referral for community services: 53.14 $ 100,000 ..... 2000 53.15 This is a one-time appropriation. 53.16 ARTICLE 3 53.17 PREVENTION AND INTERVENTION 53.18 Section 1. [124D.221] [AFTER-SCHOOL ACADEMIC, CHARACTER, 53.19 AND ENRICHMENT PROGRAMS.] 53.20 Subdivision 1. [ESTABLISHMENT.] An after-school academic, 53.21 character, and enrichment grant program is established to 53.22 provide implementation grants to community collaboratives for 53.23 designated neighborhoods of Minneapolis and St. Paul, and for 53.24 selected areas outside Minneapolis and St. Paul. The 53.25 commissioner of children, families, and learning shall develop 53.26 criteria for after-school academic, character, and enrichment 53.27 programs in up to three qualifying neighborhoods in each of the 53.28 cities, and selected neighborhoods in the rest of the state. 53.29 Qualifying neighborhoods are designated by the commissioner 53.30 under subdivision 2. 53.31 Subd. 2. [QUALIFYING NEIGHBORHOODS.] Grants must be 53.32 awarded to neighborhoods and communities that qualify based on 53.33 poverty as measured by students eligible for free and reduced 53.34 priced meals, and student test scores below the state average 53.35 for tests administered in the third, fifth, and eighth grades. 53.36 In Minneapolis, the neighborhoods that qualify for designation 54.1 are the Near North Side, Hawthorne, Sumner-Glenwood, Harrison, 54.2 Jordan, Powderhorn, Central, Whittier, and Phillips. In St. 54.3 Paul, neighborhoods that qualify for designation are 54.4 Summit-University, Thomas-Dale, North End, Payne-Phalen, Daytons 54.5 Bluff, and the West Side. 54.6 Subd. 3. [PROGRAM OUTCOMES.] After-school program grants 54.7 must include a focus on academic and character enrichment 54.8 activities to improve the academic performance and character 54.9 development of participating youth. The outcomes of the 54.10 after-school enrichment programs are to: 54.11 (1) increase the number of children participating in 54.12 after-school programs who live in the designated neighborhoods; 54.13 (2) reduce the juvenile crime rate in the designated 54.14 neighborhoods; 54.15 (3) reduce the number of police calls involving juveniles 54.16 during the afternoon after-school hours; 54.17 (4) increase school attendance; 54.18 (5) reduce the number of school suspensions; 54.19 (6) increase the number of youth engaged in community 54.20 service; 54.21 (7) increase youth academic achievement; and 54.22 (8) increase the skills of youth in computers, the arts, 54.23 athletics, and other activities. 54.24 Subd. 4. [PLAN.] A community collaborative, consisting of 54.25 representatives of community organizations and representatives 54.26 of the county, city, or parkboard and school district, shall 54.27 develop a plan for an after-school academic, character, and 54.28 enrichment program for children ages nine through 13 who reside 54.29 in the designated neighborhood or eligible community to be 54.30 served. Reading mentorship programs may be included in the 54.31 plan. Each community collaborative developing a plan shall 54.32 identify points of collaboration with other organizations and 54.33 resources available to implement an after-school academic, 54.34 character, and enrichment program. The plan shall include: 54.35 (1) collaboration and leverage of community resources that 54.36 exist and are effective; 55.1 (2) creative outreach to the children; 55.2 (3) collaboration of grassroots organizations; 55.3 (4) local governments and schools acting as resources; 55.4 (5) community control over the design of the enrichment 55.5 program; 55.6 (6) the availability of enrichment activities for a minimum 55.7 of five days per week after school with future plans to extend 55.8 to seven days per week; and 55.9 (7) identification of the sources of nonstate funding to 55.10 extend the programming beyond the period of the pilot grant. 55.11 Subd. 5. [PLAN APPROVAL; GRANTS.] (a) A plan developed by 55.12 a community collaborative under subdivision 4 shall be submitted 55.13 to the commissioner of children, families, and learning. When a 55.14 collaborative's plan is approved by the commissioner, the 55.15 commissioner shall award a grant to the community collaborative 55.16 for the implementation of the plan. 55.17 Sec. 2. Minnesota Statutes 1998, section 124D.33, 55.18 subdivision 3, is amended to read: 55.19 Subd. 3. [EXPECTED OUTCOMES.] Grant recipients must use 55.20 the funds for programs designed to prevent teen pregnancy and to 55.21 prevent crime in the long term. Recipient programs must assist 55.22 youth to: 55.23 (1) understand the connection between sexual behavior, 55.24 adolescent pregnancy, and the roles and responsibilities of 55.25 marriage and parenting; 55.26 (2) understand the long-term responsibility of fatherhood; 55.27 (3) understand the importance of fathers in the lives of 55.28 children; 55.29 (4) acquire parenting skills and knowledge of child 55.30 development;and55.31 (5) understand that abstinence is the only completely safe 55.32 means of sexual protection; and 55.33 (6) find community support for their roles as fathers and 55.34 nurturers of children. 55.35 Sec. 3. Minnesota Statutes 1998, section 171.29, 55.36 subdivision 2, is amended to read: 56.1 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 56.2 license has been revoked as provided in subdivision 1, except 56.3 under section 169.121 or 169.123, shall pay a $30 fee before the 56.4 driver's license is reinstated. 56.5 (b) A person whose driver's license has been revoked as 56.6 provided in subdivision 1 under section 169.121 or 169.123 shall 56.7 pay a $250 fee plus a $40 surcharge before the driver's license 56.8 is reinstated. The $250 fee is to be credited as follows: 56.9 (1) Twenty percent shall be credited to the trunk highway 56.10 fund. 56.11 (2) Fifty-five percent shall be credited to the general 56.12 fund. 56.13 (3) Eight percent shall be credited to a separate account 56.14 to be known as the bureau of criminal apprehension account. 56.15 Money in this account may be appropriated to the commissioner of 56.16 public safety and the appropriated amount shall be apportioned 56.17 80 percent for laboratory costs and 20 percent for carrying out 56.18 the provisions of section 299C.065. 56.19 (4) Twelve percent shall be credited to a separate account 56.20 to be known as the alcohol-impaired driver education account. 56.21 Money in the account is appropriated as follows: 56.22 (i) The first $200,000 in a fiscal year is to the 56.23 commissioner of children, families, and learning for programsin56.24 for elementary and secondaryschoolsschool students. 56.25 (ii) The remainder credited in a fiscal year is 56.26 appropriated to the commissioner of transportation to be spent 56.27 as grants to the Minnesota highway safety center at St. Cloud 56.28 State University for programs relating to alcohol and highway 56.29 safety education in elementary and secondary schools. 56.30 (5) Five percent shall be credited to a separate account to 56.31 be known as the traumatic brain injury and spinal cord injury 56.32 account. The money in the account is annually appropriated to 56.33 the commissioner of health to be used as follows: 35 percent 56.34 for a contract with a qualified community-based organization to 56.35 provide information, resources, and support to assist persons 56.36 with traumatic brain injury and their families to access 57.1 services, and 65 percent to maintain the traumatic brain injury 57.2 and spinal cord injury registry created in section 144.662. For 57.3 the purposes of this clause, a "qualified community-based 57.4 organization" is a private, not-for-profit organization of 57.5 consumers of traumatic brain injury services and their family 57.6 members. The organization must be registered with the United 57.7 States Internal Revenue Service under the provisions of section 57.8 501(c)(3) as a tax-exempt organization and must have as its 57.9 purposes: 57.10 (i) the promotion of public, family, survivor, and 57.11 professional awareness of the incidence and consequences of 57.12 traumatic brain injury; 57.13 (ii) the provision of a network of support for persons with 57.14 traumatic brain injury, their families, and friends; 57.15 (iii) the development and support of programs and services 57.16 to prevent traumatic brain injury; 57.17 (iv) the establishment of education programs for persons 57.18 with traumatic brain injury; and 57.19 (v) the empowerment of persons with traumatic brain injury 57.20 through participation in its governance. 57.21 No patient's name, identifying information or identifiable 57.22 medical data will be disclosed to the organization without the 57.23 informed voluntary written consent of the patient or patient's 57.24 guardian, or if the patient is a minor, of the parent or 57.25 guardian of the patient. 57.26 (c) The $40 surcharge shall be credited to a separate 57.27 account to be known as the remote electronic alcohol monitoring 57.28 program account. The commissioner shall transfer the balance of 57.29 this account to the commissioner of finance on a monthly basis 57.30 for deposit in the general fund. 57.31 (d) When these fees are collected by a county-operated 57.32 office of deputy registrar, a handling charge is imposed in the 57.33 amount specified under section 168.33, subdivision 7. The 57.34 handling charge must be deposited in the treasury of the place 57.35 for which the deputy registrar was appointed and the 57.36 reinstatement fees and surcharge must be deposited in an 58.1 approved state depository as directed under section 168.33, 58.2 subdivision 2. 58.3 Sec. 4. [APPROPRIATIONS.] 58.4 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 58.5 LEARNING.] The sums indicated in this section are appropriated 58.6 from the general fund, unless otherwise indicated, to the 58.7 department of children, families, and learning for the fiscal 58.8 years designated. 58.9 Subd. 2. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 58.10 violence prevention education grants according to Minnesota 58.11 Statutes, section 120B.23: 58.12 $1,450,000 ..... 2000 58.13 $1,450,000 ..... 2001 58.14 Any balance in the first year does not cancel but is 58.15 available in the second year. 58.16 Subd. 3. [ABUSED CHILDREN.] For abused children programs 58.17 according to Minnesota Statutes, section 119A.21: 58.18 $945,000 ..... 2000 58.19 $945,000 ..... 2001 58.20 Any balance in the first year does not cancel but is 58.21 available in the second year. 58.22 Subd. 4. [CHILDREN'S TRUST FUND.] For children's trust 58.23 fund according to Minnesota Statutes, sections 119A.12 and 58.24 119A.13: 58.25 $225,000 ..... 2000 58.26 $225,000 ..... 2001 58.27 Any balance in the first year does not cancel but is 58.28 available in the second year. 58.29 Subd. 5. [AFTER-SCHOOL ACADEMIC, CHARACTER, AND ENRICHMENT 58.30 GRANTS.] For after school enrichment grants according to Laws 58.31 1996, chapter 412, article 4, section 30: 58.32 $5,260,000 ..... 2000 58.33 $5,260,000 ..... 2001 58.34 Of this amount, $200,000 each year is for programs that 58.35 make state armories available to communities for youth 58.36 recreational and enrichment activities. 59.1 Any balance in the first year does not cancel but is 59.2 available in the second year. 59.3 Subd. 6. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 59.4 funds received under Minnesota Statutes, section 171.29, 59.5 subdivision 2, paragraph (b), clause (4): 59.6 $200,000 ..... 2000 59.7 $200,000 ..... 2001 59.8 (b) These appropriations are from the alcohol-impaired 59.9 driver account of the special revenue fund to the department of 59.10 children, families, and learning for chemical abuse prevention 59.11 grants. 59.12 (c) Up to $150,000 each year may be used for chemical abuse 59.13 prevention grants to provide a match for a community 59.14 collaborative project for children and youth developed by a 59.15 regional organization established under Minnesota Statutes. 59.16 The regional organization must include a broad cross 59.17 section of public and private sector community representatives 59.18 to address specific community needs of children and youth. A 59.19 regional organization that receives a grant must provide a 59.20 two-to-one match of nonstate dollars. 59.21 (d) $25,000 each year is for a grant to the city of St. 59.22 Louis Park for the Meadowbrook Collaborative Housing Project to 59.23 enhance youth outreach services and to provide educational and 59.24 recreational programming for at-risk youth. The collaborative 59.25 must include a cross section of public and private sector 59.26 community representatives. 59.27 (e) $200,000 of the amount of special revenue funds carried 59.28 forward for fiscal year 2000 is for male responsibility grants 59.29 under Minnesota Statutes, section 124D.33, for fiscal years 2000 59.30 and 2001. Notwithstanding section 124D.33, subdivision 2, each 59.31 dollar of state money must be matched with $1 of nonstate money. 59.32 Subd. 7. [FAMILY VISITATION CENTERS.] (a) For family 59.33 visitation centers according to Minnesota Statutes, section 59.34 119A.37: 59.35 $200,000 ..... 2000 59.36 $200,000 ..... 2001 60.1 Any balance in the first year does not cancel but is 60.2 available in the second year. 60.3 (b) An additional $96,000 in fiscal year 2000 and $96,000 60.4 in fiscal year 2001 is appropriated from the special revenue 60.5 fund under Minnesota Statutes, section 517.08, subdivision 1c, 60.6 for family visitation centers. Any balance in the first year 60.7 does not cancel but is available for the second year. 60.8 Subd. 8. [COMMUNITY CRIME PREVENTION GRANTS.] For grants 60.9 under Minnesota Statutes, section 119A.31: 60.10 $2,495,000 ..... 2000 60.11 $2,495,000 ..... 2001 60.12 Any balance in the first year does not cancel but is 60.13 available in the second year. 60.14 Grants under this subdivision may be used as match for the 60.15 federal Byrne formula grants. 60.16 $300,000 of the fiscal year 2000 appropriation for 60.17 community crime prevention grants is for a grant to Ramsey 60.18 county to fund start-up costs of the Ramsey County All Children 60.19 Excel Project for youths ages 7 to 9 who are at the highest risk 60.20 for serious, chronic, and violent juvenile offending. 60.21 Subd. 2. [ADOLESCENT PARENTING GRANTS.] For grants to 60.22 reduce long-term welfare dependency and promote self-sufficiency 60.23 among adolescent parents under Laws 1997, chapter 162, article 60.24 2, section 28: 60.25 $88,000 ..... 2000 60.26 Any balance in the first year does not cancel but is 60.27 available in the second year. The commissioner shall use the 60.28 appropriation to first provide continued funding for existing 60.29 programs. Any remaining money may be used to start one or more 60.30 new programs. 60.31 The department must ensure that funded programs coordinate 60.32 and collaborate to the extent possible with other programs that 60.33 serve pregnant women, support parenting skills, decrease 60.34 dependency, and promote self-sufficiency. 60.35 Subd. 10. [PREVENTION GRANTS; AMERICAN INDIAN YOUTH.] For 60.36 grants to a nonprofit organization to fund culturally 61.1 appropriate prevention programs for American Indian youth and 61.2 families and urban American Indian communities: 61.3 $50,000 ..... 2000 61.4 $50,000 ..... 2001 61.5 This is a one-time appropriation. Any balance in the first 61.6 year does not cancel but is available in the second year. 61.7 Grants under this subdivision must be made in consultation 61.8 with the Indian Youth Consortium and must address the prevalence 61.9 and severity of problems associated with the use and abuse of 61.10 drugs and alcohol, violence, and other unsafe behaviors. 61.11 ARTICLE 4 61.12 SELF-SUFFICIENCY AND LIFELONG LEARNING 61.13 Section 1. Minnesota Statutes 1998, section 16B.405, 61.14 subdivision 2, is amended to read: 61.15 Subd. 2. [SOFTWARE SALE FUND.] (a) Except as provided in 61.16paragraphparagraphs (b) and (c), proceeds of the sale or 61.17 licensing of software products or services by the commissioner 61.18 must be credited to the intertechnologies revolving fund. If a 61.19 state agency other than the department of administration has 61.20 contributed to the development of software sold or licensed 61.21 under this section, the commissioner may reimburse the agency by 61.22 discounting computer services provided to that agency. 61.23 (b) Proceeds of the sale or licensing of software products 61.24 or services developed by the pollution control agency, or custom 61.25 developed by a vendor for the agency, must be credited to the 61.26 environmental fund. 61.27 (c) Proceeds of the sale or licensing of software products 61.28 or services developed by the department of children, families, 61.29 and learning, or custom-developed by a vendor for the agency, to 61.30 support the achieved savings assessment program must be credited 61.31 to the weatherization program to support weatherization 61.32 activities. 61.33 Sec. 2. Minnesota Statutes 1998, section 122A.26, is 61.34 amended by adding a subdivision to read: 61.35 Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding 61.36 subdivision 2, a person who possesses a bachelor's or master's 62.1 degree in English as a second language, applied linguistics, or 62.2 bilingual education, or who possesses a related degree as 62.3 approved by the commissioner of children, families, and 62.4 learning, shall be permitted to teach English as a second 62.5 language in an adult basic education program that receives 62.6 funding under section 124D.53. 62.7 Sec. 3. Minnesota Statutes 1998, section 124D.52, 62.8 subdivision 2, is amended to read: 62.9 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 62.10 section, a district, a consortium of districts, or a private 62.11 nonprofit organization must submit an application by June 1 62.12 describing the program, on a form provided by the department. 62.13 The program must be approved by the commissioner according to 62.14 the following criteria: 62.15 (1) how the needs of different levels of learning will be 62.16 met; 62.17 (2) for continuing programs, an evaluation of results; 62.18 (3) anticipated number and education level of participants; 62.19 (4) coordination with other resources and services; 62.20 (5) participation in a consortium, if any, and money 62.21 available from other participants; 62.22 (6) management and program design; 62.23 (7) volunteer training and use of volunteers; 62.24 (8) staff development services; 62.25 (9) program sites and schedules; and 62.26 (10) program expenditures that qualify for aid. 62.27 (b) The commissioner may grant adult basic education funds 62.28 to a private, nonprofit organization to provide services that 62.29 are not offered by a district or that are supplemental to a 62.30 district's program.TheA program provided under this provision 62.31 must be approved and funded according to thesamecriteriaused62.32for district programsunder paragraph (c). 62.33 (c) The commissioner may use money appropriated for 62.34 supplemental adult basic education services for: 62.35 (1) the department to conduct statewide professional 62.36 development, support, and resource services including but not 63.1 limited to: 63.2 (i) staff training to support programs of English as a 63.3 second language, family literacy, GED, adult diploma, workplace 63.4 literacy, and citizenship; 63.5 (ii) training designed to enhance linkages with related 63.6 programs including welfare reform and employment opportunities; 63.7 (iii) services to support program accountability including 63.8 learner assessment training, work skill assessment and training, 63.9 program evaluation, and electronic reporting system development; 63.10 and 63.11 (iv) resource services and training support to enhance the 63.12 delivery of adult basic education, including the use of 63.13 technology in the classroom, Internet use, resource material 63.14 dissemination, and best practice identification and promotion; 63.15 and 63.16 (2) a grant to nonprofit organizations to provide statewide 63.17 support services, including but not limited to: 63.18 (i) training literacy volunteers; 63.19 (ii) coordinating volunteer literacy programs in schools 63.20 and other locations; 63.21 (iii) operating a toll-free telephone referral service for 63.22 adult students and volunteers; and 63.23 (iv) promoting literacy awareness. 63.24 In making a grant under this paragraph, the commissioner 63.25 must consider an organization's prior experience and capacity to 63.26 provide services throughout Minnesota. 63.27 (d) Adult basic education programs may be approved under 63.28 this subdivision for up to five years. Five-year program 63.29 approval must be granted to an applicant who has demonstrated 63.30 the capacity to: 63.31 (1) offer comprehensive learning opportunities and support 63.32 service choices appropriate for and accessible to adults at all 63.33 basic skill need levels; 63.34 (2) provide a participatory and experiential learning 63.35 approach based on the strengths, interests, and needs of each 63.36 adult, that enables adults with basic skill needs to: 64.1 (i) identify, plan for, and evaluate their own progress 64.2 toward achieving their defined educational and occupational 64.3 goals; 64.4 (ii) master the basic academic reading, writing, and 64.5 computational skills, as well as the problem-solving, decision 64.6 making, interpersonal effectiveness, and other life and learning 64.7 skills they need to function effectively in a changing society; 64.8 (iii) locate and be able to use the health, governmental, 64.9 and social services and resources they need to improve their own 64.10 and their families' lives; and 64.11 (iv) continue their education, if they desire, to at least 64.12 the level of secondary school completion, with the ability to 64.13 secure and benefit from continuing education that will enable 64.14 them to become more employable, productive, and responsible 64.15 citizens; 64.16 (3) plan, coordinate, and develop cooperative agreements 64.17 with community resources to address the needs that the adults 64.18 have for support services, such as transportation, flexible 64.19 course scheduling, convenient class locations, and child care; 64.20 (4) collaborate with business, industry, labor unions, and 64.21 employment-training agencies, as well as with family and 64.22 occupational education providers, to arrange for resources and 64.23 services through which adults can attain economic 64.24 self-sufficiency; 64.25 (5) provide sensitive and well trained adult education 64.26 personnel who participate in local, regional, and statewide 64.27 adult basic education staff development events to master 64.28 effective adult learning and teaching techniques; 64.29 (6) participate in regional adult basic education peer 64.30 program reviews and evaluations; and 64.31 (7) submit accurate and timely performance and fiscal 64.32 reports. 64.33 Sec. 4. Minnesota Statutes 1998, section 124D.52, is 64.34 amended by adding a subdivision to read: 64.35 Subd. 4. [ENGLISH AS A SECOND LANGUAGE PROGRAMS.] Persons 64.36 may teach English as a second language classes conducted at a 65.1 worksite, if the persons meet the requirements of section 65.2 122A.19, subdivision 1, clause (a), regardless of whether they 65.3 are licensed teachers. Persons teaching English as a second 65.4 language for an approved adult basic education program must 65.5 possess a bachelor's or master's degree in English as a second 65.6 language, applied linguistics, or bilingual education, or a 65.7 related degree as approved by the commissioner. 65.8 Sec. 5. Minnesota Statutes 1998, section 124D.52, is 65.9 amended by adding a subdivision to read: 65.10 Subd. 5. [BASIC SERVICE LEVEL.] A district, or a 65.11 consortium of districts, with a program approved by the 65.12 commissioner under subdivision 2 must establish, in consultation 65.13 with the department of children, families, and learning, a basic 65.14 level of service for every adult basic education site in the 65.15 district or consortium. The basic service level must describe 65.16 minimum levels of academic instruction and support services to 65.17 be provided at each site. The program must set a basic service 65.18 level that promotes effective learning and student achievement 65.19 with measurable results. Each district or consortium of 65.20 districts must submit its basic service level to the 65.21 commissioner for approval. 65.22 Sec. 6. Minnesota Statutes 1998, section 124D.53, 65.23 subdivision 3, is amended to read: 65.24 Subd. 3. [AID.] Adult basic education aid for each 65.25 approved program equals65 percent of the general education65.26formula allowance$2,295 for fiscal year 2000 and $2,338 for 65.27 fiscal year 2001 and later fiscal years times the number of 65.28 full-time equivalent students in its adult basic education 65.29 program during the first prior program year. 65.30 Sec. 7. Minnesota Statutes 1998, section 124D.53, is 65.31 amended by adding a subdivision to read: 65.32 Subd. 7. [BASIC POPULATION AID.] A district with a 65.33 population of less than 30,000 is eligible for basic population 65.34 aid if: (1) the district levied for adult basic education for 65.35 revenue in fiscal year 1999; and (2) the district has a basic 65.36 service level approved by the commissioner under section 66.1 124D.52, subdivision 5, or is a member of a consortium with an 66.2 approved basic service level. Basic population aid is equal to 66.3 the greater of $4,000 or $1 times the population of the 66.4 district. District population is determined according to 66.5 section 275.14. Aid under this section is in addition to aid 66.6 under subdivision 3 and must be used for sites that meet the 66.7 approved basic service level under section 124D.52, subdivision 66.8 5. 66.9 Sec. 8. Minnesota Statutes 1998, section 124D.54, 66.10 subdivision 1, is amended to read: 66.11 Subdivision 1. [AID ELIGIBILITY.]For fiscal years 199866.12and later,Adult high school graduation aid for eligible pupils 66.13 age 21 or over,equals65 percent of the general education66.14formula allowance$2,295 for fiscal year 2000 and $2,338 for 66.15 fiscal year 2001 and later fiscal years times 1.30 times the 66.16 average daily membership under section 126C.05, subdivision 12. 66.17 Adult high school graduation aid must be paid in addition to any 66.18 other aid to the district. Pupils age 21 or over may not be 66.19 counted by the district for any purpose other than adult high 66.20 school graduation aid. 66.21 Sec. 9. Laws 1998, First Special Session chapter 1, 66.22 article 1, section 10, is amended to read: 66.23 Sec. 10. [HOUSEHOLD ELIGIBILITY; PARTICIPATION.] 66.24 Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for 66.25 the family assets for independence initiative, a household must 66.26 have income at or below200150 percent of the federal poverty 66.27 level and assets of$25,000$15,000 or less. An individual who 66.28 is a dependent of another person for federal income tax purposes 66.29 may not be a separate eligible household for purposes of 66.30 establishing a family asset account. An individual who is a 66.31 debtor for a judgment resulting from nonpayment of a 66.32 court-ordered child support obligation may not participate in 66.33 this program. Income and assets are determined according to 66.34 eligibility guidelines for the energy assistance program. 66.35 Subd. 2. [CONTINUED PARTICIPATION.] A participating 66.36 household whose income exceeds200150 percent of the poverty 67.1 level may continue to make contributions to the savings 67.2 account. The amount of any contributions made during the time 67.3 when a participating household's income is greater than200150 67.4 percent of the poverty level is not eligible for the match under 67.5 section 11. 67.6 Subd. 3. [FAMILY PARTICIPATION.] Each participating 67.7 household must sign a family asset agreement that includes the 67.8 amount of scheduled deposits into its savings account, the 67.9 proposed use, and the proposed savings goal. A participating 67.10 household must agree to complete an economic literacy training 67.11 program. 67.12 Participating households may only deposit money that is 67.13 derived from household earned income or from state and federal 67.14 income tax credits. 67.15 Sec. 10. Laws 1998, First Special Session chapter 1, 67.16 article 1, section 11, is amended to read: 67.17 Sec. 11. [WITHDRAWAL; MATCHING; PERMISSIBLE USES.] 67.18 Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match, 67.19 a participating household must transfer funds withdrawn from a 67.20 family asset account to a fiduciary organization, according to 67.21 the family asset agreement. The fiduciary organization must 67.22 determine if the match request is for a permissible use 67.23 consistent with the household's family asset agreement. 67.24 A fiduciary organization must match the balance in the 67.25 household's account, including interest, at the time of an 67.26 approved withdrawal. Matches must be provided as follows: 67.27 (1) from state grant funds a matching contribution 67.28 of$2$1.50 for every $1 of funds withdrawn from the family 67.29 asset account equal to the lesser of $720 per year or a $3,000 67.30 lifetime limit; and 67.31 (2) from nonstate funds, a matching contribution of no less 67.32 than$2$1.50 for every $1 of funds withdrawn from the family 67.33 asset account equal to the lesser of $720 per year or a $3,000 67.34 lifetime limit. 67.35 Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt 67.36 of withdrawn funds, the fiduciary organization must make a 68.1 direct payment to the vendor of the goods or services for the 68.2 permissible use. 68.3 Sec. 11. [BASIC SERVICE REPORT; ADULT BASIC EDUCATION.] 68.4 The commissioner of children, families, and learning must 68.5 report to the legislature by January 15, 2001. The report must 68.6 summarize the basic service level definitions approved by the 68.7 commissioner and the effectiveness of basic population aid to 68.8 maintain access to adult basic education programs throughout 68.9 Minnesota. 68.10 Sec. 12. [ADULT BASIC EDUCATION SERVICE DELIVERY STUDY 68.11 GROUP.] 68.12 (a) The commissioner shall establish a task force to 68.13 review, evaluate, and make legislative recommendations by 68.14 January 15, 2000, on improving the delivery of adult basic 68.15 education (ABE) services. The study group must make 68.16 recommendation on ways to: 68.17 (1) improve the efficiency and effectiveness of ABE service 68.18 delivery of over the next five years; and 68.19 (2) increase the number of adult learners served and the 68.20 proportion of need for adult education met by ABE programs. 68.21 (b) The group should, at a minimum, consider the following 68.22 factors: 68.23 (1) changes in the need for ABE services due to 68.24 socioeconomic trends, welfare reform, and labor market factors; 68.25 (2) evolving instructional technologies, including distance 68.26 learning and the integration of computers and other technologies 68.27 into ABE programs; 68.28 (3) the organization, formation, and functioning of ABE 68.29 service delivery through regional consortiums and school 68.30 district programs; 68.31 (4) accountability in the delivery of ABE services to meet 68.32 defined learner outcomes; 68.33 (5) funding to promote and recognize educational outcomes 68.34 in ABE programs; and 68.35 (6) defining and maintaining viable ABE program delivery 68.36 that meets the needs of adult learners throughout Minnesota. 69.1 (c) Members of the study group must include members of the 69.2 house and senate committees that fund adult basic education 69.3 programs; representatives of the department of children, 69.4 families, and learning; and representatives of ABE programs, 69.5 including school districts, community education, nonprofit 69.6 organizations, correctional programs, and other organizations 69.7 that provide or support ABE education. The group must include 69.8 rural, urban, and suburban members. 69.9 Sec. 13. [APPROPRIATIONS.] 69.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 69.11 LEARNING.] The sums indicated in this section are appropriated 69.12 from the general fund to the department of children, families, 69.13 and learning for the fiscal years designated. 69.14 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 69.15 Minnesota economic opportunity grants: 69.16 $8,514,000 ..... 2000 69.17 $8,514,000 ..... 2001 69.18 Any balance in the first year does not cancel but is 69.19 available in the second year. 69.20 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 69.21 housing programs according to Minnesota Statutes, section 69.22 119A.43: 69.23 $1,792,000 ..... 2000 69.24 $1,792,000 ..... 2001 69.25 Any balance in the first year does not cancel but is 69.26 available in the second year. 69.27 Subd. 4. [FOODSHELF PROGRAMS.] For foodshelf programs 69.28 according to Minnesota Statutes, section 119A.44: 69.29 $1,228,000 ..... 2000 69.30 $1,228,000 ..... 2001 69.31 Any balance in the first year does not cancel but is 69.32 available in the second year. 69.33 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 69.34 education aid according to Minnesota Statutes, section 124D.52, 69.35 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 69.36 fiscal year 2001: 70.1 $19,104,000 ..... 2000 70.2 $22,544,000 ..... 2001 70.3 The 2000 appropriation includes $1,227,000 for 1999 and 70.4 $17,877,000 for 2000. 70.5 The 2001 appropriation includes $1,986,000 for 2000 and 70.6 $20,558,000 for 2001. 70.7 Subd. 6. [ADULT BASIC EDUCATION BASIC POPULATION AID.] For 70.8 basic population aid for eligible districts under section 7: 70.9 $1,975,000 ..... 2000 70.10 $1,975,000 ..... 2001 70.11 Any balance in the first year does not cancel but is 70.12 available in the second year. 70.13 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 70.14 according to Minnesota Statutes, section 124D.54: 70.15 $4,264,000 ..... 2000 70.16 $4,852,000 ..... 2001 70.17 The 2000 appropriation includes $258,000 for 1999 and 70.18 $4,006,000 for 2000. 70.19 The 2001 appropriation includes $445,000 for 2000 and 70.20 $4,407,000 for 2001. 70.21 Subd. 8. [GED TESTS.] For payment of 60 percent of the 70.22 costs of GED tests according to Laws 1993, chapter 224, article 70.23 4, section 44, subdivision 10: 70.24 $125,000 ..... 2000 70.25 $125,000 ..... 2001 70.26 Any balance in the first year does not cancel but is 70.27 available in the second year. 70.28 Subd. 9. [ABE SUPPLEMENTAL SERVICES.] For services under 70.29 Minnesota Statutes, section 124D.52, subdivision 2, paragraph 70.30 (c): 70.31 $ 100,000 ..... 2000 70.32 Any balance in the first year does not cancel but is 70.33 available in the second year. 70.34 Subd. 10. [GED ON TELEVISION.] For a grant to a public 70.35 television station that serves rural areas of Minnesota: 70.36 $75,000 ..... 2000 71.1 $75,000 ..... 2001 71.2 The grant must be used to provide GED programming to aid 71.3 immigrants and others who lack a high school diploma to obtain a 71.4 GED. Any balance in the first year does not cancel but is 71.5 available in the second year. This is a one-time appropriation. 71.6 Subd. 11. [FAMILY ASSETS FOR INDEPENDENCE.] For a grant to 71.7 the Ramsey Action Program to provide matching grants to 71.8 fiduciary organizations under Laws 1998, First Special Session 71.9 chapter 1, article 1, sections 6 to 12: 71.10 $500,000 ..... 2000 71.11 This is a one-time appropriation. Any balance in the first 71.12 year does not cancel but is available in the second year. 71.13 The matching grants must be used to provide the state match 71.14 for eligible savings and to provide coaching services for 71.15 participating families who are not eligible for assistance under 71.16 the state MFIP program under Minnesota Statutes, chapter 256J. 71.17 Subd. 12. [LEAD HAZARD REDUCTION PROJECT.] For a grant to 71.18 a nonprofit organization currently operating the CLEARCorps lead 71.19 hazard reduction project: 71.20 $57,000 ..... 2000 71.21 This is a one-time appropriation. Any balance in the first 71.22 year does not cancel but is available in the second year. 71.23 The grant must be used to continue the lead hazard 71.24 reduction project and reduce and prevent lead poisoning in 71.25 Minnesota's children. The grant may be used as a match for 71.26 federal funds to reduce lead hazards. 71.27 Sec. 14. [TANF APPROPRIATIONS.] 71.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 71.29 LEARNING.] The sums indicated in this section are appropriated 71.30 to the commissioner of human services from the state's federal 71.31 TANF block grant and transferred to the department of children, 71.32 families, and learning for the programs and the fiscal years 71.33 designated. 71.34 Subd. 2. [FAMILY ASSETS FOR INDEPENDENCE.] For a grant to 71.35 the Ramsey Action Program to provide matching grants to 71.36 fiduciary organizations under Laws 1998, First Special Session 72.1 chapter 1, article 1, sections 6 to 12: 72.2 $500,000 ..... 2000 72.3 This is a one-time appropriation. Any balance in the first 72.4 year does not cancel but is available in the second year. 72.5 The matching grants must be used to provide the state match 72.6 for eligible savings and to provide coaching services for 72.7 participating families who are eligible for assistance under the 72.8 state MFIP program under Minnesota Statutes, chapter 256J. 72.9 Sec. 15. [REPEALER.] 72.10 Minnesota Statutes 1998, section 124D.53, subdivision 6, is 72.11 repealed. 72.12 ARTICLE 5 72.13 RESOURCE AND REFERRAL PROGRAMS 72.14 Section 1. Minnesota Statutes 1998, section 119B.01, 72.15 subdivision 1, is amended to read: 72.16 Subdivision 1. [SCOPE.] For the purposes ofsections72.17119B.01 to 119B.19this chapter, the following terms have the 72.18 meanings given. 72.19 Sec. 2. Minnesota Statutes 1998, section 119B.01, is 72.20 amended by adding a subdivision to read: 72.21 Subd. 18. [LEGAL NONLICENSED CHILD CARE PROVIDER.] "Legal 72.22 nonlicensed child care provider" means a child care provider who 72.23 is excluded from licensing requirements under section 245A.03, 72.24 subdivision 2. 72.25 Sec. 3. Minnesota Statutes 1998, section 119B.19, 72.26 subdivision 1, is amended to read: 72.27 Subdivision 1. [AUTHORITYDISTRIBUTION OF FUNDS FOR 72.28 OPERATION OF CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The 72.29 commissioner of children, families, and learningmay make grants72.30 shall distribute funds to public or private nonprofit 72.31agenciesorganizations for the planning, establishment, 72.32 expansion, improvement, or operation of child care resource and 72.33 referral programsand child care services according to the72.34provisions ofunder this sectionand may make grants to county72.35boards to carry out the purposes of sections 119B.19 to72.36119B.21. The commissioner must adopt rules for programs under 73.1 this section and sections 119B.20 and 119B.21. The commissioner 73.2 must develop a process to fund organizations to operate child 73.3 care resource and referral programs that includes application 73.4 forms, timelines, and standards for renewal. 73.5 Sec. 4. Minnesota Statutes 1998, section 119B.19, is 73.6 amended by adding a subdivision to read: 73.7 Subd. 1a. [DESIGNATION OF ORGANIZATIONS.] The commissioner 73.8 shall designate an organization to administer a child care 73.9 resource and referral program to serve a region. 73.10 Sec. 5. Minnesota Statutes 1998, section 119B.19, is 73.11 amended by adding a subdivision to read: 73.12 Subd. 6. [BASIS FOR DISTRIBUTING FUNDS.] (a) The 73.13 commissioner shall distribute funds for the administration of 73.14 child care resource and referral programs based on the following 73.15 factors for each region: 73.16 (1) the region served by the program; 73.17 (2) the number of children under the age of 13 years 73.18 needing child care; 73.19 (3) the ratio of children under the age of 13 years needing 73.20 child care to the number of licensed spaces; 73.21 (4) the number of licensed child care providers and 73.22 school-age care programs; and 73.23 (5) other related factors determined by the commissioner. 73.24 (b) The commissioner may provide ongoing funding to a 73.25 designated organization for a child care resource and referral 73.26 program that continues to meet state standards. 73.27 Sec. 6. Minnesota Statutes 1998, section 119B.19, is 73.28 amended by adding a subdivision to read: 73.29 Subd. 7. [CHILD CARE RESOURCE AND REFERRAL 73.30 PROGRAMS.] Within each region, a child care resource and 73.31 referral program must: 73.32 (1) maintain one database of all existing child care 73.33 resources and services and one database of family referrals; 73.34 (2) provide a child care referral service for families; 73.35 (3) develop resources to meet the child care service needs 73.36 of families; 74.1 (4) increase the capacity to provide culturally responsive 74.2 child care services; 74.3 (5) coordinate professional development opportunities for 74.4 child care and school-age care providers; 74.5 (6) administer and award child care services grants; 74.6 (7) administer and provide loans for child development 74.7 education and training; and 74.8 (8) cooperate with the Minnesota Child Care Resource and 74.9 Referral Network and its member programs to develop effective 74.10 child care services and child care resources. 74.11 Sec. 7. Minnesota Statutes 1998, section 119B.20, 74.12 subdivision 7, is amended to read: 74.13 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 74.14 improvement expenses" meansfunds for buildingthe cost of 74.15 improvements, equipment, appropriate technology and software, 74.16 toys, and supplies needed to establish, expand, or improve a 74.17 licensed child care facility or a child care program under the 74.18 jurisdiction of alocaldistrict school boardof education. 74.19 Sec. 8. Minnesota Statutes 1998, section 119B.20, 74.20 subdivision 8, is amended to read: 74.21 Subd. 8. [INTERIM FINANCING.] "Interim financing" means 74.22funds to carry out suchfunding for up to 18 months: 74.23 (1) for activitiesasthat are necessaryfor family day74.24care homes, group family day care homes, and child care centers74.25 to receive and maintain state child care licensing,; 74.26 (2) to expand an existing child care program or to improve 74.27 program quality,; and 74.28 (3) toprovide operating fundsoperate for a period of six 74.29 consecutive months after afamily day care home, group family74.30day care home, orchild carecenterfacility becomes licensed or 74.31 satisfies standards of the state board of education.Interim74.32financing may not exceed a period of 18 months.74.33 Sec. 9. Minnesota Statutes 1998, section 119B.20, 74.34 subdivision 12, is amended to read: 74.35 Subd. 12. [TRAINING PROGRAM.] "Training program" means 74.36 child development courses offered by an accredited 75.1 post-secondary institution or similar training approved by a 75.2 county board or thedepartment of children, families, and75.3learningcommissioner.To qualify as a training program under75.4this section, a course of study must teachA training program 75.5 must be a course of study that teaches specific skillsthatto 75.6 meet licensing requirements or requirements of the state board 75.7 of education. 75.8 Sec. 10. Minnesota Statutes 1998, section 119B.20, is 75.9 amended by adding a subdivision to read: 75.10 Subd. 13. [REGION.] "Region" means a region designated by 75.11 the governor under section 462.385. 75.12 Sec. 11. Minnesota Statutes 1998, section 119B.21, 75.13 subdivision 1, is amended to read: 75.14 Subdivision 1. [GRANTS ESTABLISHEDDISTRIBUTION OF GRANT 75.15 FUNDS.] (a) The commissioner shallaward grants to develop child75.16care services, including child care service development grants75.17for start-up and facility improvement expenses, interim75.18financing, staff training expenses, and grants for child care75.19resource and referral programs. Child care service development75.20grants may include family child care technical assistance awards75.21up to $1,000.distribute funds to the child care resource and 75.22 referral programs designated under section 119B.19, subdivision 75.23 1a, for child care services grants under subdivision 5 and 75.24 family child care technical assistance grants under subdivision 75.25 10. 75.26 (b) Up to ten percent of funds appropriated for grants 75.27 under this section may be used by the commissioner for statewide 75.28 child care development initiatives, training initiatives, 75.29 collaboration programs, and research and data collection. The 75.30 commissioner shall develop eligibility guidelines and agrant75.31application form, inform county social service agencies about75.32the availability of child care services grants, and set a date75.33by which applications must be received by the75.34commissionerprocess to distribute funds under this paragraph. 75.35 Child care resource and referral programs may apply for funding 75.36 under this paragraph. 76.1 Sec. 12. Minnesota Statutes 1998, section 119B.21, 76.2 subdivision 2, is amended to read: 76.3 Subd. 2. [DISTRIBUTION OFBASIS FOR DISTRIBUTING GRANT 76.4 FUNDS.] 76.5 (a) At least 90 percent of funds appropriated for grants 76.6 under this section may be distributed by the commissionershall76.7allocate grant money appropriatedto child care resource and 76.8 referral programs under section 119B.19, subdivision 1a, for 76.9 child careservice development among the development regions76.10designated by the governor under section 462.385,76.11consideringservices grants and family child care technical 76.12 assistance grants as based on the following factorsfor each76.13economic development region: 76.14 (1) the number of children under 13 years of age needing 76.15 child care in theservice arearegion; 76.16 (2) thegeographic arearegion served by theagency76.17 program; 76.18 (3) the ratio of children under 13 years of age needing 76.19 child care to the number of licensed spaces in theservice area76.20 region; 76.21 (4) the number of licensed child care providers and 76.22extended dayschool-agechildcare programs in theservice area76.23 region; and 76.24 (5) other related factors determined by the commissioner. 76.25 (b)Out of the amount allocated for each economic76.26development region, the commissioner shallChild care resource 76.27 and referral programs must award child care services grants and 76.28 child care technical assistance grants based on the 76.29 recommendation of the child care regionaladvisoryproposal 76.30 review committees under subdivision 3.In addition, the76.31commissioner shall award no more than 75 percent of the money76.32either to child care facilities for the purpose of facility76.33improvement or interim financing or to child care workers for76.34staff training expenses.76.35 (c)Any funds unobligated may be used by the commissioner76.36to award grants to proposals that received funding77.1recommendations by the regional advisory committees but were not77.2awarded due to insufficient funds.77.3(d)The commissioner mayallocate grantsdistribute funds 77.4 under this section for a two-year periodand may carry forward77.5funds from the first year as necessary. 77.6 Sec. 13. Minnesota Statutes 1998, section 119B.21, 77.7 subdivision 3, is amended to read: 77.8 Subd. 3. [CHILD CARE REGIONALADVISORYPROPOSAL REVIEW 77.9 COMMITTEES.] (a) Child care regionaladvisoryproposal review 77.10 committeesshallmust establish regional priorities and review 77.11and make recommendations to the commissioner onapplications for 77.12 family child care technical assistanceawardsgrants andservice77.13developmentchild care services grants under this section. The77.14commissionerand make funding recommendations to the child care 77.15 resource and referral program designated under section 119B.19, 77.16 subdivision 1a. Within each region, the committee must allocate 77.17 available funding between child care services grants and child 77.18 care technical assistance grants. The committee must also 77.19 allocate funding for child care services grants for facility 77.20 financing purposes and provider training purposes. The child 77.21 care regional advisory committees must complete their reviews 77.22 and forward their recommendations to the child care resource and 77.23 referral program by the date specified by the commissioner. 77.24 (b) A child care resource and referral program shall 77.25appointestablish a process to select members of the child care 77.26 regionaladvisory committees in each governor's economic77.27development regionproposal review committee.People appointed77.28under this subdivisionMembers must represent the following 77.29 constituent groups: family child care providers,groupchild 77.30 care center providers,parent usersschool-age care providers, 77.31 parents who use child care services, health services, social 77.32 services, public schools, Head Start, employers, and other 77.33 citizens with demonstrated interest in child care issues. 77.34 Members of the advisorytask forcecommittee with a direct 77.35 financial interest in a pending grant proposal may not provide a 77.36 recommendation or participate in the ranking of that grant 78.1 proposal. 78.2 (c) The child care resource and referral program may 78.3 reimburse committee membersmay be reimbursedfor their actual 78.4 travel, child care, and child care provider substitute expenses 78.5 for up to six committee meetings per year. The program may also 78.6 pay a stipend to parent representatives for participating in up 78.7 to six meetings per year.The child care regional advisory78.8committees shall complete their reviews and forward their78.9recommendations to the commissioner by the date specified by the78.10commissioner.78.11 Sec. 14. Minnesota Statutes 1998, section 119B.21, 78.12 subdivision 5, is amended to read: 78.13 Subd. 5. [PURPOSES FOR WHICH ACHILD CARESERVICES GRANT78.14MAY BE AWARDEDSERVICES GRANTS.]The commissionerA child care 78.15 resource and referral program designated under section 119B.19, 78.16 subdivision 1a, may award child care services grants for: 78.17 (1)child care service development grants for the following78.18purposes:78.19(i) forcreating new licenseddaychild care facilities and 78.20 expanding existing facilities, including, but not limited to, 78.21 supplies, equipment, facility renovation, and remodeling; 78.22(ii) for(2) improving licenseddaychild care facility 78.23 programs, including, but not limited to, staff specialists,78.24staff training, supplies, equipment, and facility renovation and78.25remodeling; 78.26(iii) for supportive child(3) staff training and 78.27 development services including, but not limited to, in-service 78.28 training, curriculum development, accreditation, certification, 78.29 consultingspecialist, resource centers, and program and 78.30 resource materials; 78.31(iv) for carrying out programs including, but not limited78.32to, staff, supplies, equipment, facility renovation, and78.33training;78.34(v) for(4) interim financing; 78.35(vi) family child care technical assistance awards; and78.36(vii) for(5) capacity building through the purchase of 79.1 appropriate technologyand software, and staff training to79.2create, enhance, and maintain financial systems for facilities;79.3(2) child care resource and referral program services79.4identified in section 119B.19, subdivision 3; or79.5(3) targeted recruitment initiatives to expand and build79.6capacity of the child care systemto create, enhance, and 79.7 maintain business management systems; 79.8 (6) emergency assistance for child care programs; and 79.9 (7) targeted recruitment initiatives to expand and build 79.10 the capacity of the child care system and to improve the quality 79.11 of care provided by legal nonlicensed child care providers. 79.12 Sec. 15. Minnesota Statutes 1998, section 119B.21, 79.13 subdivision 8, is amended to read: 79.14 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.]Eligible recipients79.15ofA designated organization may award child care services 79.16 grantsareto: 79.17 (1) licensed providersof child care, or those; 79.18 (2) providers in the process of being licensed, resource79.19and referral programs, or; 79.20 (3) corporations or public agencies,that develop or 79.21 provide child care services; 79.22 (4) school-age care programs; or 79.23 (5) any combinationthereofof clauses (1) to (4). 79.24 Unlicensed providers are only eligible for grants under 79.25 subdivision 5, clause (7). 79.26 Sec. 16. Minnesota Statutes 1998, section 119B.21, 79.27 subdivision 9, is amended to read: 79.28 Subd. 9. [GRANT MATCH REQUIREMENTS.] A recipient of a 79.29 child caregrantsservices grant for facility improvements, 79.30 interim financing,resource and referral, andor staff training 79.31 and developmentrequiremust provide a 25 percent local matchby79.32the grant applicant.A local match is not required for a family79.33child care technical assistance award.79.34 Sec. 17. Minnesota Statutes 1998, section 119B.21, 79.35 subdivision 10, is amended to read: 79.36 Subd. 10. [FAMILY CHILD CARE TECHNICAL ASSISTANCE 80.1AWARDSGRANTS.] (a) A child care resource and referral 80.2 organization designated under section 119B.19, subdivision 1a, 80.3 may award technical assistanceawards for child care service80.4development must be used by the family child care provider80.5granteegrants of up to $1,000. These grants may be used for: 80.6 (1) facility improvements, including, but not limited to, 80.7 improvements to meet licensing requirements,; 80.8 (2) improvements to expandthea child care facility,or 80.9 program; 80.10 (3) toys and equipment,; 80.11 (4) technology and software to create, enhance, and 80.12 maintain business management systems; 80.13 (5) start-up costs, interim financing, or; 80.14 (6) staff training and development; and 80.15 (7) other uses approved by the commissioner. 80.16 (b) A child care resource and referral program may award 80.17 family child care technical assistance grants to: 80.18 (1) licensed family child care providers; or 80.19 (2) child care providers in the process of becoming 80.20 licensed. 80.21 (c) A local match is not required for a family child care 80.22 technical assistance grant. 80.23 Sec. 18. Minnesota Statutes 1998, section 119B.21, 80.24 subdivision 11, is amended to read: 80.25 Subd. 11. [STATEWIDE ADVISORY TASK FORCE.] The 80.26 commissioner may convene a statewide advisory task forcewhich80.27shallto advise the commissioner on statewide grants or other 80.28 child care issues. The followingconstituentgroups must be 80.29 represented: family child care providers, child care center 80.30 programs, school-age care providers,parent usersparents who 80.31 use child care services, health services, social services, Head 80.32 Start, public schools, employers, and other citizens with 80.33 demonstrated interest in child care issues.Each regional grant80.34review committee formed under subdivision 3, shall appoint a80.35representative to the advisory task force.Additional members 80.36 may be appointed by the commissioner.The commissioner may81.1convene meetings of the task force as needed. Terms of office81.2and removal from office are governed by the appointing body.81.3 The commissioner may compensate members for their travel, child 81.4 care, and child care provider substitute expenses for attending 81.5 task force meetingsof the task force. The commissioner may 81.6 also pay a stipend to parent representatives for participating 81.7 in task force meetings. 81.8 Sec. 19. Minnesota Statutes 1998, section 119B.23, 81.9 subdivision 1, is amended to read: 81.10 Subdivision 1. [AUTHORITY.]In addition to the81.11commissioner's authority to make child care services grants,The 81.12 county board is authorized to provide child care services,or to 81.13 make grants from the community social service fund, special tax 81.14 revenue, or its general fund, or other sources to any 81.15 municipality,or corporation, or combination thereof,for the 81.16 cost of providing technical assistanceandor child care 81.17 services. The county board is also authorized to contract for 81.18 services with any licensed day care facility, as the board deems81.19necessary or properto carry out the purposes of this section. 81.20 The county board may also make grants to or contract with 81.21 any municipality, licensed child care facility,or resource and81.22referral programorganization designated under section 119B.19, 81.23 subdivision 1a, or corporationor combination thereof,forany81.24ofthe following purposes: 81.25 (1) creating new licensed day care facilities and expanding 81.26 existing facilities including, but not limited to, supplies, 81.27 equipment, and facility renovation and remodeling; 81.28 (2) improving licensed day care facility programs, 81.29 including, but not limited to, staff specialists, staff 81.30 training, supplies, equipment, and facility renovation and 81.31 remodeling. In awarding grants for training, counties must81.32give, with prioritytofor training grants for child care 81.33 workers caring for infants, toddlers, sick children, children in 81.34 low-income families, and children with special needs; 81.35 (3) providing supportive child development services, 81.36 including, but not limited to, in-service training, curriculum 82.1 development, consulting specialists, resource centers, and 82.2 program and resource materials; 82.3 (4) carrying out programs, including, but not limited to, 82.4 staff, supplies, equipment, facility renovation, and training; 82.5 (5) providing interim financing;andor 82.6 (6) carrying out the resource and referral program services 82.7 identified in section 119B.19, subdivision37. 82.8 Sec. 20. [REVISOR INSTRUCTION.] 82.9 The revisor of statutes shall renumber each section of 82.10 Minnesota Statutes listed in column A with the number listed in 82.11 column B. The revisor shall also make necessary cross-reference 82.12 changes consistent with the renumbering. 82.13 A B 82.14 119B.01, subd. 1 119B.011, subd. 1 82.15 119B.01, subd. 2 119B.011, subd. 3 82.16 119B.01, subd. 3 119B.011, subd. 7 82.17 119B.01, subd. 4 119B.011, subd. 4 82.18 119B.01, subd. 5 119B.011, subd. 8 82.19 119B.01, subd. 6 119B.011, subd. 5 82.20 119B.01, subd. 7 119B.011, subd. 9 82.21 119B.01, subd. 7a 119B.011, subd. 10 82.22 119B.01, subd. 8 119B.011, subd. 11 82.23 119B.01, subd. 9 119B.011, subd. 12 82.24 119B.01, subd. 10 119B.011, subd. 14 82.25 119B.01, subd. 11 119B.011, subd. 15 82.26 119B.01, subd. 12 119B.011, subd. 16 82.27 119B.01, subd. 12a 119B.011, subd. 19 82.28 119B.01, subd. 13 119B.011, subd. 21 82.29 119B.01, subd. 14 119B.011, subd. 20 82.30 119B.01, subd. 15 119B.011, subd. 2 82.31 119B.01, subd. 16 119B.011, subd. 24 82.32 119B.01, subd. 17 119B.011, subd. 6 82.33 119B.01, subd. 18 119B.011, subd. 18 82.34 119B.18, subd. 3 119B.211 82.35 119B.20, subd. 7 119B.011, subd. 13 82.36 119B.20, subd. 8 119B.011, subd. 17 83.1 119B.20, subd. 12 119B.011, subd. 23 83.2 119B.20, subd. 13 119B.011, subd. 22 83.3 119B.21, subd. 2, 119B.21, subd. 1, 83.4 para. (a) para. (c) 83.5 119B.21, subd. 2, 119B.21, subd. 1, 83.6 para. (b) para. (d) 83.7 119B.21, subd. 2, 119B.21, subd. 1, 83.8 para. (d) para. (e) 83.9 119B.21, subd. 5 119B.21, subd. 5, 83.10 para. (a) 83.11 119B.21, subd. 8 119B.21, subd. 5, 83.12 para. (b) 83.13 119B.21, subd. 9 119B.21, subd. 5, 83.14 para. (c) 83.15 Sec. 21. [REPEALER.] 83.16 Minnesota Statutes 1998, sections 119B.18, subdivisions 1 83.17 and 2; 119B.19, subdivisions 3, 4, and 5; 119B.20, subdivisions 83.18 1, 2, 3, 4, 5, 6, 9, 10, and 11; 119B.21, subdivisions 4, 6, and 83.19 12; and 119B.22, are repealed.