3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for family and early 1.3 childhood education; modifying Head Start program; 1.4 consolidating child care assistance programs; 1.5 modifying early childhood screening, early childhood 1.6 family education, and school readiness programs; 1.7 directing allocation of federal child care development 1.8 funds; consolidating certain advisory councils; 1.9 establishing youth after-school enrichment program; 1.10 modifying adult basic education program; requiring a 1.11 report; providing for early childhood program 1.12 evaluation; making various clarifying and technical 1.13 changes; appropriating money; amending Minnesota 1.14 Statutes 2000, sections 119A.12, by adding 1.15 subdivisions; 119A.13, subdivision 4; 119A.21; 1.16 119A.22; 119A.51, by adding a subdivision; 119A.52; 1.17 119A.53; 119B.011, subdivisions 5, 7, 11, 12, 18, 19, 1.18 by adding subdivisions; 119B.02, subdivisions 1, 2, 3, 1.19 by adding subdivisions; 119B.061, subdivisions 1, 2, 1.20 4, 5; 121A.17, subdivision 1; 121A.30; 124D.135, by 1.21 adding subdivisions; 124D.16, subdivision 2, by adding 1.22 subdivisions; 124D.19, by adding subdivisions; 1.23 124D.20, subdivisions 1, 5, by adding a subdivision; 1.24 124D.221, subdivisions 1, 2, by adding a subdivision; 1.25 124D.518, subdivision 5; 124D.52, subdivision 2; 1.26 124D.522; 124D.531, subdivisions 1, 3, 7; 125A.28; 1.27 125B.20, subdivision 1; 134.31, subdivision 5; 1.28 proposing coding for new law in Minnesota Statutes, 1.29 chapters 119A; 119B; 124D; 134; repealing Minnesota 1.30 Statutes 2000, sections 119A.13, subdivisions 1, 2, 3; 1.31 119A.14, subdivision 2; 119A.23; 119B.011, subdivision 1.32 20; 119B.03; 119B.04; 119B.05; 119B.06; 119B.07; 1.33 119B.074; 119B.08; 119B.09; 119B.10; 119B.11; 119B.12; 1.34 119B.13; 119B.14; 119B.15; 119B.16; 124D.16, 1.35 subdivision 4; 124D.33; 124D.331; 125B.20, subdivision 1.36 3; Minnesota Rules, parts 3530.2610; 3530.2612; 1.37 3530.2614; 3530.2616; 3530.2618; 3530.2620; 3530.2622; 1.38 3530.2624; 3530.2626; 3530.2628; 3530.2630; 3530.2632; 1.39 3530.2634; 3530.2636; 3530.2638; 3530.2640; 3530.2642; 1.40 3530.2644. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 ARTICLE 1 1.43 CHILDREN AND FAMILY SUPPORT PROGRAMS 2.1 Section 1. Minnesota Statutes 2000, section 119A.51, is 2.2 amended by adding a subdivision to read: 2.3 Subd. 6. [ELIGIBLE LOW-INCOME CHILDREN.] "Eligible 2.4 low-income children" means children who live in families with 2.5 incomes up to 100 percent of the federal poverty guidelines. 2.6 Sec. 2. Minnesota Statutes 2000, section 119A.52, is 2.7 amended to read: 2.8 119A.52 [DISTRIBUTION OF APPROPRIATION.] 2.9(a)Subdivision 1. [DISTRIBUTION.] The commissioner of 2.10 children, families, and learning must distribute money 2.11 appropriated forthat purposethis section to (1) Head Start 2.12 program grantees to expand services and (2) eligible agencies. 2.13 Agencies that receive money under this section must use the 2.14 money to serve additional low-income children.Money2.15 Subd. 2. [HEAD START GRANTEES.] Eighty-five percent of the 2.16 annual appropriation must be allocated toeach projecteligible 2.17 Head Startgrantee in existence on the effective date of Laws2.181989, chapter 282. Migrantgrantees, including migrant and 2.19 Indian reservation granteesmust be initially allocated money2.20based on the grantees' share of federal funds. The remaining2.21money must be initially allocated to the remaining local2.22agencies based equally on the agencies' share of federal funds2.23and on the proportion of eligible children in the agencies'2.24service area who are not currently being served. A Head Start2.25grantee must be funded at a per child rate equal to its2.26contracted, federally funded base level for program accounts 20,2.2722, and 25 at the start of the fiscal year. In allocating funds2.28under this paragraph, the commissioner of children, families,2.29and learning must assure that each Head Start grantee is2.30allocated no less funding in any fiscal year than was allocated2.31to that grantee in fiscal year 1993. For fiscal years 2002 and 2.32 2003, the commissioner must allocate funds appropriated for the 2.33 purposes of this section to grantees based 40 percent on the 2.34 grantees' share of federal funds and 60 percent based on unmet 2.35 need measured by the number of children in poverty ages birth to 2.36 five as reported in the most recent decennial census or 3.1 intercensal estimate. The commissioner may make grants for two 3.2 years. The commissioner may provide additional funding to 3.3 grantees for start-up costs incurred by grantees due to the 3.4 increased number of children to be served. Before paying money 3.5 to the grantees, the commissioner must notify each grantee of 3.6 itsinitialallocation, how the money must be used, and the3.7number of low-income children that must be served with the3.8allocation. Each grantee must notify the commissioner of the3.9number of low-income children it will be able to serve. For any 3.10 grantee that cannot utilize its full allocation, the 3.11 commissioner must reduce the allocation proportionately. Money 3.12 available after the initial allocations are reduced must be 3.13 redistributedto eligible grantees.3.14(b)under subdivision 6. To be eligible for an allocation 3.15 under this subdivision, a grantee must have a work plan approved 3.16 under subdivision 5. Head Start grantees may not use state 3.17 grant funds toward the federally required 25 percent local match. 3.18 Subd. 3. [OTHER ELIGIBLE AGENCIES.]Up to 11(a) No less 3.19 than 15 percent of the funds appropriated annuallymaymust be 3.20 used to provide grants tolocal Head Startother eligible 3.21 agencies to providefunds for innovative programs designed3.22either to target Head Start resources to particular at-risk3.23groups of children or to provide services in addition to those3.24currently allowable under federal Head Start regulationsor 3.25 expand services in unserved or underserved areas. The 3.26 commissioner must award fundsfor innovative programsunder this 3.27paragraphsubdivision on a competitive basis., giving priority 3.28 to innovative and creative program proposals. The commissioner 3.29 may establish criteria for agencies to apply to provide services 3.30 under this subdivision. The criteria must include agencies that: 3.31 (1) are not receiving Head Start funds as of June 30, 2001; 3.32 (2) are able to provide services in unserved or underserved 3.33 areas; 3.34 (3) demonstrate experience with children ages three to 3.35 five; and 3.36 (4) include a strong learning component. 4.1 (b) Eligible agencies receiving funds under this 4.2 subdivision are not required to meet the federal Head Start 4.3 standards. 4.4 (c) The commissioner must distribute funds to a variety of 4.5 organization types and geographic locations. 4.6 (d) Eligible agencies must apply to the commissioner 4.7 according to the timelines and on the forms provided by the 4.8 commissioner. To be eligible for funds, an eligible agency must 4.9 have an approved work plan and budget under subdivision 5. 4.10 (e) The commissioner may make grants for up to two years. 4.11 Subd. 4. [SERVICE PRIORITY.] Priority must be given to 4.12 providing services to children ages three to five for 4.13 appropriations received under this section. Up to $1,000,000 in 4.14 TANF funds appropriated each year for the purposes of this 4.15 section may be set aside to provide services for children ages 4.16 zero to three. 4.17 Subd. 5. [WORK PLAN.] (a) Beginning in 2002, to be 4.18 eligible for state appropriations under this section, each 4.19 grantee must submit a work plan to the commissioner for 4.20 approval. At a minimum, the work plan must: 4.21 (1) be based on community needs; 4.22 (2) identify the services to be provided; 4.23 (3) include the estimated number of low-income children to 4.24 be served; 4.25 (4) describe the program design and service delivery areas, 4.26 ensuring fair and equitable access to all services; 4.27 (5) describe programming for children ages three to five; 4.28 (6) describe programs or plans for children under the age 4.29 of three, if applicable; 4.30 (7) describe partnerships with other programs; 4.31 (8) include a plan to maximize children's program time and 4.32 minimize transition time between programs. 4.33 (b) For federal Head Start grantees, the work plan must 4.34 specify how each Head Start grantee policy council assisted in 4.35 the development and planning and will assist in the monitoring 4.36 of the Head Start program and integration of service delivery 5.1 with other early childhood services within the area. 5.2 (c) Head Start grantees and other eligible agencies must 5.3 submit a work plan and operating budget, including all funding 5.4 sources used to provide services. 5.5 (d) The commissioner may refuse any work plan that does not 5.6 meet the criteria under this subdivision. 5.7 Subd. 6. [REDISTRIBUTION.] The commissioner must develop 5.8 and implement a plan to redistribute reductions of the initial 5.9 allocations to grantees under subdivisions 2 and 3 to eligible 5.10 grantees to serve eligible children. Any amount of the 5.11 redistribution that is allocated to an eligible grantee must be 5.12 used according to its approved work plan under subdivision 5. 5.13 Sec. 3. Minnesota Statutes 2000, section 119A.53, is 5.14 amended to read: 5.15 119A.53 [FEDERAL REQUIREMENTS.] 5.16 Grantees under section 119A.52, subdivision 2, and the 5.17 commissioner of children, families, and learning shall comply 5.18 with federal regulations governing the federal head start 5.19 program and the TANF program, except forinnovative programs5.20funded under section 119A.52, paragraph (b)other services that 5.21 are not required by federal Head Start eligibility regulations 5.22 but are included in the work plans approved under section 5.23 119A.52, subdivision 5, which may operate differently than 5.24 federal head start regulations, and except that when a state 5.25 statute or regulation conflicts with a federal statute or 5.26 regulation, the state statute or regulation prevails. 5.27 Sec. 4. Minnesota Statutes 2000, section 119B.011, 5.28 subdivision 5, is amended to read: 5.29 Subd. 5. [CHILD CARE.] "Child care" means the care of a 5.30 child by someone other than a parent or legal guardian in or 5.31 outside the child's own homefor gain or otherwise, on a regular 5.32 basis, for any part of a 24-hour day. 5.33 Sec. 5. Minnesota Statutes 2000, section 119B.011, 5.34 subdivision 7, is amended to read: 5.35 Subd. 7. [CHILD CARE SERVICES.] "Child care services" 5.36 means child care provided in family day care homes, group day 6.1 care homes, nursery schools, day nurseries, child day care 6.2 centers, head start, all-day every day kindergarten for the 6.3 portion of kindergarten paid through parent fees, and extended 6.4 day school age child care programs in or out of the child's home. 6.5 Sec. 6. Minnesota Statutes 2000, section 119B.011, 6.6 subdivision 11, is amended to read: 6.7 Subd. 11. [EDUCATION PROGRAM.] "Education program" means 6.8 remedial or basic education or English as a second language 6.9 instruction, a program leading to a general equivalency or high 6.10 school diploma, post-secondary programs excluding 6.11 postbaccalaureate programs, and other education and training 6.12 needs as documented in an employment plan, as defined in 6.13 subdivision 12.The employment plan must outline education and6.14training needs of a recipient, meet state requirements for6.15employment plans, meet the requirements of this chapter, and6.16Minnesota Rules, parts 3400.0010 to 3400.0230, and meet the6.17requirements of programs that provide federal reimbursement for6.18child care services.6.19 Sec. 7. Minnesota Statutes 2000, section 119B.011, 6.20 subdivision 12, is amended to read: 6.21 Subd. 12. [EMPLOYMENT PLAN.] "Employment plan" means 6.22 employment of recipients financially eligible for child care 6.23 assistance, or other work activities defined under section 6.24 256J.49, approved in an employability development, job search 6.25 support plan, or employment plan that is developed by the county 6.26 agency, if it is acting as an employment and training service 6.27 provider, or by an employment and training service provider 6.28 certified by the commissioner of economic security or an 6.29 individual designated by the county to provide employment and 6.30 training services. The plans and designation of a service 6.31 provider must outline the education and training needs of a 6.32 recipient, meet the requirements of this chapter and chapter 6.33 256J or chapter 256K, Minnesota Rules, parts 3400.0010 to 6.34 3400.0230, and other programs that provide federal reimbursement 6.35 for child care services. 6.36 Sec. 8. Minnesota Statutes 2000, section 119B.011, 7.1 subdivision 18, is amended to read: 7.2 Subd. 18. [POST-SECONDARY EDUCATIONALSYSTEMS7.3 INSTITUTION.] "Post-secondary educationalsystemsinstitution" 7.4 meansthe University of Minnesota board of regents and the board7.5of trustees of the Minnesota state colleges and universitiesany 7.6 accredited technical college, community college, private college 7.7 or university, public college or university, or public or 7.8 private trade school. 7.9 Sec. 9. Minnesota Statutes 2000, section 119B.011, 7.10 subdivision 19, is amended to read: 7.11 Subd. 19. [PROVIDER.] "Provider" meansa child care7.12license holder who operates a family child care home, a group7.13family child care home, a child care center, a nursery school, a7.14day nursery, a school age care program; a license-exempt school7.15age care program operating under the auspices of a local school7.16board or a park or recreation board of a city of the first class7.17that has adopted school age care guidelines which meet or exceed7.18guidelines recommended by the department, or a nonlicensedan 7.19 individual or child care center or facility, either licensed or 7.20 unlicensed, providing legal child care services as defined under 7.21 section 245A.03. A legally unlicensed registered family child 7.22 care providerwho ismust be at least 18 years of age, andwho7.23isnot a member of the MFIP assistance unit or a member of the 7.24 family receiving child care assistance under this chapter. 7.25 Sec. 10. Minnesota Statutes 2000, section 119B.011, is 7.26 amended by adding a subdivision to read: 7.27 Subd. 21. [ANNUAL GROSS INCOME.] "Annual gross income" of 7.28 the applicant family means the current monthly gross income of 7.29 the family multiplied by 12, the income for the 12-month period 7.30 immediately preceding the date of application, or income 7.31 calculated by the method which provides the most accurate 7.32 assessment of income available to the family. Self-employment 7.33 income must be calculated based on gross receipts less operating 7.34 expenses. 7.35 Sec. 11. Minnesota Statutes 2000, section 119B.011, is 7.36 amended by adding a subdivision to read: 8.1 Subd. 22. [FEDERAL POVERTY GUIDELINES.] "Federal poverty 8.2 guidelines" means the annual poverty guidelines for a family of 8.3 four, adjusted for family size, published annually by the United 8.4 States Department of Health and Human Services in the Federal 8.5 Register. 8.6 Sec. 12. Minnesota Statutes 2000, section 119B.011, is 8.7 amended by adding a subdivision to read: 8.8 Subd. 23. [RECOUPMENT OF OVERPAYMENTS.] "Recoupment of 8.9 overpayments" means the reduction of child care assistance 8.10 payments to an eligible family in order to correct an 8.11 overpayment to the family even when the overpayment is due to 8.12 agency error or other circumstances outside the responsibility 8.13 or control of the family. 8.14 Sec. 13. [119B.014] [ESTABLISHMENT OF CHILD CARE 8.15 ASSISTANCE PROGRAM.] 8.16 Subdivision 1. [CHILD CARE ASSISTANCE PROGRAM.] (a) A 8.17 child care assistance program is established for the purpose of 8.18 subsidizing the child care costs of eligible families. The 8.19 child care assistance program may be funded by county 8.20 contributions, state appropriations, and federal funds. Child 8.21 care assistance payments are authorized for eligible families 8.22 within the limits of available appropriations. 8.23 (b) Child care services must be made available as in-kind 8.24 services. 8.25 (c) Families enrolled in the child care assistance program 8.26 must be continued until they are no longer eligible. 8.27 (d) Child care assistance provided through the child care 8.28 fund is considered assistance to the parent. 8.29 Subd. 2. [SPECIAL REVENUE ACCOUNT FOR CHILD CARE.] A child 8.30 support collection account is established in the special revenue 8.31 fund for the deposit of collections through the assignment of 8.32 child support under section 256.741, subdivision 2. The 8.33 commissioner of human services must deposit all collections made 8.34 under section 256.741, subdivision 2, in the child support 8.35 collection account. 8.36 Subd. 3. [GENERAL ELIGIBILITY.] (a) To be eligible for the 9.1 child care assistance program, families must be participating in 9.2 an authorized activity under subdivision 4 and meet income 9.3 eligibility requirements under subdivision 5 and requirements 9.4 under this subdivision. 9.5 (b) To be eligible for child care assistance, students 9.6 enrolled in an education program under section 119B.011, 9.7 subdivision 11, must be in good standing and be making 9.8 satisfactory progress toward completion of the program as 9.9 stipulated in the school's satisfactory progress policy. 9.10 (c) All applicants for child care assistance and families 9.11 currently receiving child care assistance must cooperate in 9.12 establishment of paternity and enforcement of child support 9.13 obligations under section 256.741 for all children in the family 9.14 as a condition of program eligibility. 9.15 Subd. 4. [AUTHORIZED ACTIVITIES.] Families must be 9.16 participating in at least one of the following authorized 9.17 activities: 9.18 (1) employment orientation or job search, or other 9.19 employment or training activities that are included in an 9.20 approved employability development plan under chapter 256K; 9.21 (2) work activities as required in their job search support 9.22 or employment plan, or in appeals, hearings, assessments, or 9.23 orientations under chapter 256J; 9.24 (3) social services activities under chapter 256J or 256K 9.25 as required in an employment plan approved according to chapter 9.26 256J or 256K; 9.27 (4) a job search for persons seeking employment up to 240 9.28 hours of child care assistance per calendar year; 9.29 (5) employment outside of an employment plan under section 9.30 119B.011, subdivision 12, in which the caregiver works at least 9.31 an average of 20 hours per week and students not participating 9.32 in MFIP work at least an average of 20 hours per week and 9.33 receive at least minimum wage for all hours worked. For 9.34 purposes of this section, work-study programs must be counted as 9.35 employment; 9.36 (6) post-secondary education up to the maximum length of 10.1 time necessary to complete the credit requirements for an 10.2 associate or baccalaureate degree as determined by the 10.3 educational institution, excluding basic or remedial education 10.4 programs needed to prepare for post-secondary education or 10.5 employment. Basic or remedial education programs include, but 10.6 are not limited to, high school, general equivalency diploma, 10.7 and English as a second language. Programs exempt from this 10.8 time limit must not run concurrently with a post-secondary 10.9 program; or 10.10 (7) the at-home infant child care program under section 10.11 119B.061. 10.12 Subd. 5. [INCOME ELIGIBILITY.] (a) Beginning January 1, 10.13 2002, all families participating in an authorized activity with 10.14 an annual gross income at or below 250 percent of the federal 10.15 poverty guidelines, adjusted for family size, are eligible for 10.16 child care assistance regardless of MFIP status. 10.17 (b) If there is a waiting list for child care assistance 10.18 under section 119B.025, subdivision 5, the commissioner must 10.19 make recommendations to the legislature to change income 10.20 eligibility requirements or make other changes in order to 10.21 eliminate the waiting list. 10.22 Subd. 6. [CONTINUATION OF ASSISTANCE.] All families 10.23 eligible for and receiving child care assistance under chapter 10.24 119B as of December 31, 2001, continue to be eligible for child 10.25 care assistance until June 30, 2002, provided each family 10.26 continues to meet all eligibility requirements as of December 10.27 31, 2001, unless the family voluntarily withdraws or is 10.28 terminated from the program. 10.29 Sec. 14. [119B.017] [ASSISTANCE.] 10.30 Subdivision 1. [CALCULATION OF BENEFITS.] (a) Child care 10.31 assistance must be authorized as provided in clause (1) or (2): 10.32 (1) when the caregiver or student works for an hourly wage 10.33 and the hourly wage is equal to or greater than the applicable 10.34 minimum wage, child care assistance must be provided for the 10.35 actual hours of employment, break, and mealtime during the 10.36 employment and travel time up to two hours per day, and actual 11.1 classroom time and up to two hours of travel time per day for 11.2 post-secondary students; or 11.3 (2) when the caregiver does not work for an hourly wage, 11.4 child care assistance must be provided for the lesser of: 11.5 (i) the amount of child care determined by dividing gross 11.6 earned income by the applicable minimum wage, up to one hour 11.7 every eight hours for meals and break time, plus up to two hours 11.8 per day for travel time, and classroom time; 11.9 (ii) the amount of child care equal to the actual amount of 11.10 child care used during employment, including break and mealtime 11.11 during employment, plus up to two hours per day for travel time, 11.12 and classroom time. 11.13 (b) The maximum amount of child care assistance a local 11.14 agency may authorize in a two-week period is 120 hours per child. 11.15 Subd. 2. [STUDENTS.] Counties may not limit the duration 11.16 of child care assistance for a student except when the student 11.17 is found to be ineligible under the child care assistance 11.18 eligibility standards. Any limitation must be based on a 11.19 student's employment plan in the case of an MFIP recipient and 11.20 county policies included in the child care fund plan. 11.21 Subd. 3. [PORTABILITY POOL.] (a) The commissioner must 11.22 establish a portability set-aside of up to 3 percent of the 11.23 annual appropriation to provide continuous child care assistance 11.24 for eligible families who move between Minnesota counties. At 11.25 the end of each allocation period, any unspent funds in the 11.26 portability set-aside must be used for child care assistance 11.27 under chapter 119B. If expenditures from the portability 11.28 set-aside exceed the amount of money available, the reallocation 11.29 pool must be reduced to cover the shortfall. 11.30 (b) To receive assistance under this subdivision, a family 11.31 must have moved from a county in which it was receiving child 11.32 care assistance to a county with a waiting list. The family 11.33 must: 11.34 (1) meet the income and eligibility guidelines for the 11.35 program; and 11.36 (2) notify the new county of residence within 60 days of 12.1 moving and provide the new county with information to document 12.2 continued eligibility. A person requesting assistance under the 12.3 portability set-aside must not be considered a new applicant. 12.4 (c) The receiving county must: 12.5 (1) accept the administrative responsibility for the family 12.6 at the end of the two months of assistance under the Unitary 12.7 Residency Act; 12.8 (2) continue assistance for the lesser of six months or 12.9 until the family is able to receive assistance under the 12.10 county's child care assistance program; and 12.11 (3) notify the commissioner through the quarterly reporting 12.12 process of any family that meets the criteria of the portability 12.13 set-aside. 12.14 Subd. 4. [DATE OF ELIGIBILITY FOR ASSISTANCE.] Within the 12.15 limits of available appropriations: 12.16 (1) the date of eligibility for child care assistance under 12.17 this chapter is the latest of: 12.18 (i) the date the application was signed; 12.19 (ii) the beginning date of employment, education, or 12.20 training; or 12.21 (iii) the date a determination has been made that the 12.22 applicant is a participant in employment and training services 12.23 under chapter 256J or 256K or Minnesota Rules, part 3400.0080, 12.24 subpart 2; 12.25 (2) payment of child care assistance for employed persons 12.26 on MFIP is effective the date of employment or the date of MFIP 12.27 eligibility, whichever is later; and 12.28 (3) payment of child care assistance for MFIP or work first 12.29 participants in employment and training services is effective 12.30 the date of commencement of the services or the date of MFIP or 12.31 work first eligibility, whichever is later. 12.32 Sec. 15. Minnesota Statutes 2000, section 119B.02, 12.33 subdivision 1, is amended to read: 12.34 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 12.35shallmust: 12.36 (1) develop standards for county and human services boards 13.1 to provide child care services to enable eligible families to 13.2 participate in employment, training, or education programs.13.3Within the limits of available appropriations, the commissioner13.4shall; 13.5 (2)distributeallocate money to counties, within the 13.6 limits of available appropriations, to reduce the costs of child 13.7 care for eligible families. The commissioner shallunder 13.8 section 119B.014; 13.9 (3) adopt rules under chapter 14 to govern the program in 13.10 accordance with this section, to implement and coordinate 13.11 federal program requirements, and to administer the child care 13.12 development fund. The rules must establish a sliding schedule 13.13 of fees for parents receiving child care services. The 13.14 rulesshallmust provide thatfundsmoney received as a lump sum 13.15 payment of child support arrearagesshallis notbecounted as 13.16 income to a family in the month received butshall beis 13.17 prorated over the 12 months following receipt and added to the 13.18 family income during those months. In the rules adopted under13.19this section, county and human services boards shall be13.20authorized to establish policies for payment of child care13.21spaces for absent children, when the payment is required by the13.22child's regular provider. The rules shall not set a maximum13.23number of days for which absence payments can be made, but13.24instead shall direct the county agency to set limits and pay for13.25absences according to the prevailing market practice in the13.26county. County policies for payment of absences shall be13.27subject to the approval of the commissioner. The commissioner13.28shall; 13.29 (4) maximize the use of federal money under title I and 13.30 title IV of Public Law Number 104-193, the Personal 13.31 Responsibility and Work Opportunity Reconciliation Act of 1996, 13.32 and other programs that provide federal or state reimbursement 13.33 for child care services for low-income families who are in 13.34 education, training, job search, or other activities allowed 13.35 under those programs. Money appropriated under this section13.36must be coordinated; and 14.1 (5) coordinate state child care assistance money with the 14.2 programs that provide federal reimbursement for child care 14.3 servicesto accomplish this purpose. Federalreimbursement14.4obtainedreimbursements must be allocated tothe countycounties 14.5 thatspent moneyexpend funds for federally reimbursable child 14.6 carethat is federally reimbursable under programs that provide14.7federal reimbursement for child care services. The counties14.8shall use the federal money to expand child care services. The14.9commissioner may adopt rules under chapter 14 to implement and14.10coordinate federal program requirements. 14.11 Sec. 16. Minnesota Statutes 2000, section 119B.02, 14.12 subdivision 2, is amended to read: 14.13 Subd. 2. [CONTRACTUAL AGREEMENTS WITH TRIBES.] The 14.14 commissioner may enter into contractual agreements with a 14.15 federally recognized Indian tribe with a reservation in 14.16 Minnesota to carry out the responsibilities of county human 14.17 service agencies to the extent necessary for the tribe to 14.18 operate child care assistance programs undersections 119B.0314.19and 119B.05chapter 119B. An agreement may allow for the tribe 14.20 to be reimbursed for child care assistance services provided 14.21 undersection 119B.05chapter 119B. The commissioner shall 14.22 consult with the affected county or counties in the contractual 14.23 agreement negotiations, if the county or counties wish to be 14.24 included, in order to avoid the duplication of county and tribal 14.25 child care services. Funding to support child care services 14.26under section 119B.03may be transferred to the federally 14.27 recognized Indian tribe with a reservation in Minnesota from 14.28 allocations available to counties in which reservation 14.29 boundaries lie.When funding is transferred under section14.30119B.03,The amountshallof the transfer must be commensurate 14.31 to estimates of the proportion of reservation residents with 14.32 characteristicsidentified in section 119B.03, subdivision14.336eligible under section 119B.045, to the total population of 14.34 county residentswith those same characteristicseligible under 14.35 section 119B.045. 14.36 Sec. 17. Minnesota Statutes 2000, section 119B.02, 15.1 subdivision 3, is amended to read: 15.2 Subd. 3. [SUPERVISION OF COUNTIES.] The commissionershall15.3 must supervise child care programs administered by the counties 15.4 through standard-setting, technical assistance to the counties, 15.5 approval of county child care fund plans, and distribution of 15.6 public money for services. The commissionershallmust provide 15.7 training and other support services to assist counties in 15.8 planning for and implementing child care assistance programs. 15.9 The commissioner shall adopt rules under chapter 14 that 15.10 establish minimum administrative standards for the provision of 15.11 child care services by county boards of commissioners. 15.12 Sec. 18. Minnesota Statutes 2000, section 119B.02, is 15.13 amended by adding a subdivision to read: 15.14 Subd. 6. [FEDERAL MONEY; STATE RECOVERY.] The commissioner 15.15 must recover from counties any state or federal money that was 15.16 spent for persons found to be ineligible, except if the recovery 15.17 is made by a county agency using any method other than 15.18 recoupment, the county may keep 25 percent of the recovery. If 15.19 a federal audit exception is taken based on a percentage of 15.20 federal earnings, all counties must pay a share proportional to 15.21 their respective federal earnings during the period in question. 15.22 Sec. 19. Minnesota Statutes 2000, section 119B.02, is 15.23 amended by adding a subdivision to read: 15.24 Subd. 7. [REPORTS.] The commissioner must specify 15.25 requirements for reports under the same authority as provided to 15.26 the commissioner of human services in section 256.01, 15.27 subdivision 2, paragraph (17). 15.28 Sec. 20. Minnesota Statutes 2000, section 119B.02, is 15.29 amended by adding a subdivision to read: 15.30 Subd. 8. [APPROVAL OF CHILD CARE PLAN.] Within 90 days of 15.31 submission of the child care fund plan under section 119B.025, 15.32 subdivision 7, the commissioner must notify counties whether or 15.33 not the plan is approved or if corrections or other information 15.34 is needed for plan approval. The commissioner must withhold 15.35 payments to a county until it has an approved plan. Counties 15.36 must maintain services despite any withholding of payments due 16.1 to plans not being approved. 16.2 Sec. 21. Minnesota Statutes 2000, section 119B.02, is 16.3 amended by adding a subdivision to read: 16.4 Subd. 9. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] (a) 16.5 The commissioner must notify county and human service boards of 16.6 the forms and instructions they must follow in the development 16.7 of their child care fund plans required under section 119B.025, 16.8 subdivision 7. 16.9 (b) The commissioner must notify county and human services 16.10 boards of their estimated child care fund program allocation for 16.11 the two years covered by the plan. 16.12 (c) By October 1 of each year, the commissioner must notify 16.13 all counties of their final child care fund program allocation. 16.14 Sec. 22. Minnesota Statutes 2000, section 119B.02, is 16.15 amended by adding a subdivision to read: 16.16 Subd. 10. [QUARTERLY PAYMENTS.] The commissioner may make 16.17 payments to each county in quarterly installments. The 16.18 commissioner may certify an advance of up to 25 percent of the 16.19 allocation. Subsequent payments must be made on a reimbursement 16.20 basis for reported expenditures and may be adjusted for 16.21 anticipated spending patterns. Payments may be withheld if 16.22 quarterly reports are incomplete or untimely. 16.23 Sec. 23. Minnesota Statutes 2000, section 119B.02, is 16.24 amended by adding a subdivision to read: 16.25 Subd. 11. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) 16.26 After each quarter, the commissioner must review the use of 16.27 child care assistance program allocations by county. The 16.28 commissioner may reallocate unexpended or unencumbered money 16.29 among those counties that have expended their full allocation or 16.30 may allow a county to expend up to ten percent of its allocation 16.31 in the subsequent allocation period. 16.32 (b) Any unexpended state and federal appropriations from 16.33 the first year of the biennium may be carried forward to the 16.34 second year of the biennium. 16.35 Sec. 24. Minnesota Statutes 2000, section 119B.02, is 16.36 amended by adding a subdivision to read: 17.1 Subd. 12. [TERMINATION OF ALLOCATION.] The commissioner 17.2 may withhold, reduce, or terminate the allocation of any county 17.3 that does not meet the reporting or other requirements of this 17.4 program. The commissioner must reallocate to other counties 17.5 money so reduced or terminated. Counties are to maintain 17.6 services despite any reduction in their allocation due to 17.7 failure to meet the reporting or other requirements of this 17.8 program. 17.9 Sec. 25. Minnesota Statutes 2000, section 119B.02, is 17.10 amended by adding a subdivision to read: 17.11 Subd. 13. [COMMISSIONER TO ADMINISTER FEDERAL CHILD CARE 17.12 AND DEVELOPMENT FUND.] The commissioner is authorized and 17.13 directed to receive, administer, and expend funds available 17.14 under the child care and development fund under Title VI of 17.15 Public Law Number 104-193. Supplemental distributions received 17.16 from the federal government after July 1 of each year shall be 17.17 submitted for review and appropriations pursuant to section 17.18 3.3005. 17.19 Sec. 26. Minnesota Statutes 2000, section 119B.02, is 17.20 amended by adding a subdivision to read: 17.21 Subd. 14. [CHILD CARE DEVELOPMENT FUND PLAN DEVELOPMENT; 17.22 REVIEW.] In an effort to improve state legislative involvement 17.23 in the development of the Minnesota child care and development 17.24 fund plan, the commissioner must present a draft copy of the 17.25 plan to the legislative finance committees that oversee child 17.26 care assistance funding no less than 30 days prior to the 17.27 required deadline for submission of the plan to the federal 17.28 government. The legislature must submit any adjustments to the 17.29 plan to the commissioner for consideration within ten business 17.30 days of receiving the draft plan. The commissioner must present 17.31 a copy of the final plan to the chairs of the legislative 17.32 finance committees that oversee child care assistance funding no 17.33 less than four days prior to the deadline for submission of the 17.34 plan to the federal government. 17.35 Sec. 27. Minnesota Statutes 2000, section 119B.02, is 17.36 amended by adding a subdivision to read: 18.1 Subd. 15. [FEDERAL EARNINGS.] The commissioner must 18.2 allocate any federal earnings to the county to be used to expand 18.3 child care services to serve additional families under this 18.4 chapter. 18.5 Sec. 28. Minnesota Statutes 2000, section 119B.02, is 18.6 amended by adding a subdivision to read: 18.7 Subd. 16. [ADMINISTRATIVE EXPENSES.] The commissioner must 18.8 use up to 1/21 of the state and federal funds available for the 18.9 child care assistance program for the administrative costs of 18.10 the delivery of direct services. 18.11 Sec. 29. Minnesota Statutes 2000, section 119B.02, is 18.12 amended by adding a subdivision to read: 18.13 Subd. 17. [MAXIMUM RATE DETERMINATION.] The commissioner 18.14 must determine the maximum rate for each type of care, including 18.15 special needs and handicapped care and extended day care. The 18.16 commissioner must annually survey child care providers, 18.17 including all providers licensed by the department of human 18.18 services, to determine the 75th percentile of the market rate. 18.19 The commissioner must implement any resulting rate changes by 18.20 August 1 of each year. Not less than once every two years, the 18.21 commissioner must evaluate market practices for payment of 18.22 absences and must establish policies for payment of absent days 18.23 that reflect current market practice. 18.24 Sec. 30. [119B.025] [DUTIES OF COUNTIES.] 18.25 Subdivision 1. [EXTENSION OF EMPLOYMENT 18.26 OPPORTUNITIES.] The county board must ensure that child care 18.27 services available to eligible residents are well advertised and 18.28 that everyone who receives or applies for MFIP cash assistance 18.29 is informed of training and employment opportunities, programs, 18.30 and requirements including child care assistance and child care 18.31 resource and referral services. 18.32 Subd. 2. [APPLICATION; ENTRY POINTS.] Each county must 18.33 make available to applicants two or more methods of applying for 18.34 the child care assistance program. To meet the requirements of 18.35 this subdivision, a county may provide alternative methods of 18.36 applying for assistance, including, but not limited to, a mail 19.1 application or application sites that are located outside of 19.2 government offices. 19.3 Subd. 3. [CONTRACTS; OTHER USES ALLOWED.] Counties may 19.4 contract for administration of the program or may arrange for or 19.5 contract for child care funds to be used by other appropriate 19.6 programs in accordance with this section and as permitted by 19.7 federal law and regulations. 19.8 Subd. 4. [ASSISTANCE PRIORITY.] (a) Each county must give 19.9 first priority for child care assistance under the child care 19.10 assistance program to eligible MFIP families. 19.11 (b) Each county must give second priority for child care 19.12 assistance to eligible non-MFIP families who do not have a high 19.13 school or general equivalency diploma or who need remedial and 19.14 basic skill courses in order to pursue employment or education 19.15 leading to employment and who need child care assistance to 19.16 participate in the education program. Within this priority, 19.17 each county must use the following subpriorities for child care 19.18 assistance: 19.19 (1) child care needs of minor parents; 19.20 (2) child care needs of parents under 21 years of age; and 19.21 (3) child care needs of other parents within the priority 19.22 group described in this paragraph. 19.23 (c) Each county must give third priority to families who 19.24 continue to be eligible for child care assistance and are 19.25 receiving assistance under section 119B.017, subdivision 3. 19.26 (d) If a county projects that its child care allocation is 19.27 insufficient to meet the needs of all eligible families, it may 19.28 prioritize among the families that remain to be served after the 19.29 county has complied with the priority requirements of this 19.30 section. Counties that have established a priority for families 19.31 beyond those established under this section must submit the 19.32 policy in the annual child care fund plan. 19.33 Subd. 5. [WAITING LIST.] (a) Each county that receives 19.34 state or federal child care assistance funds must keep a written 19.35 record and report to the commissioner the number of eligible 19.36 families who have applied for a child care subsidy or have 20.1 requested child care assistance. 20.2 (b) Counties must perform a preliminary determination of 20.3 eligibility when a family requests child care assistance. At a 20.4 minimum, a county must make a preliminary determination of 20.5 eligibility based on family size, income, and authorized 20.6 activity. A family seeking child care assistance must provide 20.7 the required information to the county. 20.8 (c) A family that appears to be eligible must be put on a 20.9 waiting list if funds are not immediately available. The 20.10 waiting list must identify individuals in need of child care by 20.11 priority categories. Counties must review and update their 20.12 waiting list at least every six months. 20.13 Subd. 6. [FEDERAL REIMBURSEMENT.] Counties must maximize 20.14 their federal reimbursement under federal reimbursement programs 20.15 for money spent for persons eligible under this chapter. 20.16 Subd. 7. [CHILD CARE FUND PLAN.] The county and designated 20.17 administering agency must submit a child care fund plan to the 20.18 commissioner. The commissioner must establish the dates by 20.19 which the county must submit the child care fund plan. The plan 20.20 must include: 20.21 (1) a narrative of the total program for child care 20.22 services, including all policies and procedures that affect 20.23 eligible families and are used to administer the child care 20.24 funds; 20.25 (2) the methods used by the county to inform eligible 20.26 families of the availability of child care assistance and 20.27 related services; 20.28 (3) the provider rates paid for all children with special 20.29 needs by provider type; 20.30 (4) the county prioritization policy for all eligible 20.31 families under the child care assistance program; and 20.32 (5) other information as requested by the department to 20.33 ensure compliance with the child care fund statutes and rules 20.34 promulgated by the commissioner. 20.35 Subd. 8. [COUNTY CONTRIBUTIONS REQUIRED.] In addition to 20.36 payments from child care assistance program participants, each 21.1 county must contribute from county tax or other sources a fixed 21.2 local match equal to its calendar year 2000 required county 21.3 contribution. The commissioner must recover funds from the 21.4 county as necessary to bring county expenditures into compliance 21.5 with this subdivision. 21.6 Subd. 9. [MAINTENANCE OF FUNDING EFFORT.] To receive money 21.7 through this program, each county must certify, in its annual 21.8 plan to the commissioner, that the county has not reduced 21.9 allocations from other federal and state sources, which, in the 21.10 absence of the child care fund, would have been available for 21.11 child care assistance. However, the county must continue 21.12 contributions, as necessary, to maintain on the child care 21.13 assistance program, families who are receiving assistance on 21.14 December 31, 2001, until the family loses eligibility for the 21.15 program on June 30, 2002, or until a family voluntarily 21.16 withdraws or is terminated from the program. This subdivision 21.17 does not affect the local match required for this program under 21.18 other sections of the law. 21.19 Subd. 10. [QUALITY CHILD CARE SERVICES INFORMATION.] Each 21.20 county must make resources available to parents in choosing 21.21 quality child care services. A county may require a parent to 21.22 sign a release stating the parent's knowledge and 21.23 responsibilities in choosing a legal provider described under 21.24 section 119B.011. When a county knows that a particular 21.25 provider is unsafe, or that the circumstances of the child care 21.26 arrangement chosen by the parent are unsafe, the county may deny 21.27 a child care subsidy. A county may not restrict access to a 21.28 general category of provider allowed under section 119B.011, 21.29 subdivision 19. 21.30 Subd. 11. [INCOME REDETERMINATION.] A county must 21.31 redetermine income when the family's income changes, but no less 21.32 often than every six months. Income must be verified with 21.33 documentary evidence. If the applicant does not have sufficient 21.34 evidence of income, verification must be obtained from the 21.35 source of the income. 21.36 Subd. 12. [PROVIDER NOTICE.] Each county must inform both 22.1 the family receiving assistance under this chapter and the child 22.2 care provider of the child care assistance payment amount and 22.3 how and when payment will be received. If a county sends a 22.4 family a notice that child care assistance will be terminated, 22.5 the county must inform the provider that unless the family 22.6 requests to continue to receive assistance pending an appeal, 22.7 child care payments will no longer be made. The notice to the 22.8 provider must not contain any private data on the family or 22.9 information on why payment will no longer be made. 22.10 Subd. 13. [PROVIDER PAYMENTS.] Each county must make 22.11 vendor payments to the child care provider or pay the parent 22.12 directly for eligible child care expenses. If payments for 22.13 child care assistance are made to providers, the provider must 22.14 bill the county for services provided within ten days of the end 22.15 of the month of service. If bills are submitted in accordance 22.16 with the requirements of this subdivision, a county must issue 22.17 payment to the provider of child care under the child care fund 22.18 within 30 days of receiving an invoice from the provider. Each 22.19 county may establish policies that make payments on a more 22.20 frequent basis. If applicable, each county must participate in 22.21 the child care assistance voucher program under section 49. A 22.22 county's payment policies must be included in the county's child 22.23 care plan under subdivision 7. 22.24 Subd. 14. [DOCUMENTATION.] Each county must obtain, from 22.25 all child care assistance applicants, information documenting 22.26 all children in the applicant's household eligible for 22.27 subsidized child care. The documentation may include a social 22.28 security number, certified copy of a birth certificate, or other 22.29 similar documentation. 22.30 Sec. 31. [119B.035] [PROGRAM INTEGRITY AND FAIR HEARING.] 22.31 Subdivision 1. [PROGRAM INTEGRITY.] For the child care 22.32 assistance program under this chapter, the commissioner must 22.33 enforce, in cooperation with the commissioner of human services, 22.34 the requirements for program integrity and fraud prevention 22.35 investigations under sections 256.046, 256.98, and 256.983. 22.36 Subd. 2. [RECOVERY OF OVERPAYMENTS.] (a) A county agency 23.1 may recover an amount of child care assistance paid to a 23.2 recipient in excess of the payment due. If the family remains 23.3 eligible for child care assistance, the overpayment must be 23.4 recovered through recoupment. If the family no longer remains 23.5 eligible for child care assistance, the county may choose to 23.6 initiate efforts to recover overpayments from the family for an 23.7 overpayment less than $50. If the overpayment is greater than 23.8 or equal to $50, the county must seek voluntary repayment of the 23.9 overpayment from the family. If the county is unable to recoup 23.10 the overpayment through voluntary repayment, the county must 23.11 initiate civil court proceedings to recover the overpayment 23.12 unless the county's costs to recover the overpayment will exceed 23.13 the amount of the overpayment. 23.14 (b) A family with an outstanding debt under this 23.15 subdivision is not eligible for child care assistance until: 23.16 (1) the debt is paid in full; or (2) satisfactory arrangements 23.17 are made with the county to retire the debt consistent with the 23.18 requirements of this chapter and Minnesota Rules, chapter 3400, 23.19 and the family is in compliance with the arrangements. 23.20 Subd. 3. [FAIR HEARING ALLOWED.] An applicant or recipient 23.21 adversely affected by a county agency action may request a fair 23.22 hearing in accordance with section 256.045. 23.23 Subd. 4. [INFORMAL CONFERENCE.] Each county agency must 23.24 offer an informal conference to applicants and recipients 23.25 adversely affected by an agency action to attempt to resolve the 23.26 dispute. Each county agency must advise adversely affected 23.27 applicants and recipients that a request for a conference with 23.28 the agency is optional and does not delay or replace the right 23.29 to a fair hearing. 23.30 Sec. 32. [119B.045] [CHILD CARE ASSISTANCE PROGRAM 23.31 FUNDING.] 23.32 Subdivision 1. [ALLOCATION FORMULA.] The state and federal 23.33 child care assistance funds must be allocated on a calendar year 23.34 basis. Funds must be allocated first in amounts equal to each 23.35 county's guaranteed floor according to subdivision 3 with any 23.36 remaining available funds allocated according to the following 24.1 formula: 24.2 (a) one-third of the funds must be allocated in proportion 24.3 to each county's total expenditures for the child care 24.4 assistance program reported during the most recent fiscal year 24.5 completed at the time of the notice of allocation; 24.6 (b) one-third of the funds must be allocated in proportion 24.7 to each county's most recently reported first, second, and third 24.8 priority waiting list as defined in section 119B.025, 24.9 subdivision 4; and 24.10 (c) one-third of the funds must be allocated in proportion 24.11 to each county's most recently reported waiting list as defined 24.12 in section 119B.025, subdivision 5. 24.13 Subd. 2. [ALLOCATION DUE TO INCREASED FUNDING.] When 24.14 funding increases are implemented within a calendar year, every 24.15 county must receive an allocation at least equal and 24.16 proportionate to its original allocation for the same time 24.17 period. The remainder of the allocation must be recalculated to 24.18 reflect the funding increase according to formulas identified in 24.19 subdivision 1. 24.20 Subd. 3. [GUARANTEED FLOOR.] (a) Beginning January 1, 24.21 2002, each county's guaranteed floor must equal 90 percent of 24.22 the allocation received in the preceding calendar year for child 24.23 care assistance programs under chapter 119B. 24.24 (b) When the amount of funds available for allocation is 24.25 less than the amount available in the previous year, each 24.26 county's previous year allocation must be reduced in proportion 24.27 to the reduction in the statewide funding for the purpose of 24.28 establishing the guaranteed floor. 24.29 Subd. 4. [CHILD CARE AT-RISK SET-ASIDE.] A child care 24.30 assistance at-risk set-aside is established to provide child 24.31 care assistance for families who: 24.32 (1) are eligible for child care assistance; 24.33 (2) are not receiving MFIP cash assistance; 24.34 (3) are employed at least an average of 20 hours per week; 24.35 and 24.36 (4) have an income at or below 175 percent of the federal 25.1 poverty guidelines. 25.2 Funding in this set-aside must be used only when all other 25.3 available child care assistance funding in a county has been 25.4 expended or encumbered. Before expending these funds, the 25.5 county must make a determination that the family is at risk of 25.6 using MFIP cash assistance. 25.7 Sec. 33. [119B.048] [SLIDING FEE AND PARENT FEES.] 25.8 Subdivision 1. [SLIDING FEE.] Child care services to 25.9 families with incomes at or below 250 percent of the federal 25.10 poverty guidelines, adjusted for family size, must be made 25.11 available on a sliding fee basis. In setting the sliding fee 25.12 schedule, the commissioner must exclude from the amount of 25.13 income used to determine eligibility an amount for federal and 25.14 state income and social security taxes attributable to that 25.15 income level according to federal and state standardized tax 25.16 tables. The commissioner must base the parent fee on the 25.17 ability of the family to pay for child care. The fee schedule 25.18 must be designed to use any available tax credits. 25.19 Subd. 2. [PARENT FEES.] A family's monthly parent fees 25.20 must be a fixed percentage of its annual gross income. Parent 25.21 fees must apply to families eligible for child care assistance 25.22 under section 119B.014. Income must be as defined in section 25.23 119B.011, subdivision 15. The fixed percent is based on the 25.24 relationship of the family's annual gross income to the 25.25 established income eligibility level under section 119B.014. 25.26 Parent fees must begin at 75 percent of the poverty level. The 25.27 minimum parent fees for families between 75 percent and 100 25.28 percent of poverty level must be $5 per month. Parent fees must 25.29 be established in rule and must provide for graduated movement 25.30 to full payment. 25.31 When the provider charge is greater than the maximum 25.32 provider rate allowed, the parent is responsible for payment of 25.33 the difference in the rates in addition to any family copayment 25.34 fee. 25.35 Sec. 34. [119B.055] [CHILD CARE PROVIDERS; CHOICE AND 25.36 RATES.] 26.1 Subdivision 1. [PROVIDER CHOICE.] Parents may choose child 26.2 care providers, as defined under section 119B.011, that best 26.3 meet the needs of their family. 26.4 Subd. 2. [SUBSIDY RESTRICTIONS.] The maximum rate paid for 26.5 child care assistance under the child care fund may not exceed 26.6 the 75th percentile rate for like-care arrangements in the 26.7 county as surveyed by the commissioner. A rate which includes a 26.8 provider bonus paid under subdivision 3 or a special needs rate 26.9 paid under subdivision 4 may be in excess of the maximum rate 26.10 allowed under this subdivision. The department must monitor the 26.11 effect of this section on provider rates. The county must pay 26.12 the provider's full charges for every child in care up to the 26.13 maximum established. 26.14 Subd. 3. [PROVIDER RATE BONUS FOR ACCREDITATION.] A family 26.15 child care provider or child care center with a current early 26.16 childhood development credential approved by the commissioner 26.17 must be paid a ten percent bonus above the maximum rate 26.18 established in subdivision 2, up to the actual provider rate. 26.19 Subd. 4. [PROVIDER RATE FOR CARE OF CHILDREN WITH 26.20 HANDICAPS OR SPECIAL NEEDS.] Counties must reimburse providers 26.21 for the care of children with handicaps or special needs at a 26.22 special rate to be approved by the county for care of these 26.23 children, subject to the approval of the commissioner. 26.24 Subd. 5. [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 26.25 Child care providers receiving reimbursement under this chapter 26.26 may not charge a rate to clients receiving assistance under this 26.27 chapter that is higher than the private, full-paying client rate. 26.28 Subd. 6. [EMPLOYER-EMPLOYEE RELATIONSHIPS.] Receipt of 26.29 federal, state, or local funds by a child care provider either 26.30 directly or through a parent who is a child care assistance 26.31 recipient does not establish an employer-employee relationship 26.32 between the county or state and the child care provider. 26.33 Sec. 35. Minnesota Statutes 2000, section 119B.061, 26.34 subdivision 1, is amended to read: 26.35 Subdivision 1. [ESTABLISHMENT.] A family in which a parent 26.36 provides care for the family's infant child may receive a 27.1 subsidy in lieu of assistance if the family is eligible for, or 27.2 is receiving assistance under thebasic sliding feechild care 27.3 assistance program. An eligible family must meet the 27.4 eligibility factors under section119B.09, the income criteria27.5under section 119B.12119B.014, and the requirements of this 27.6 section. Subject to federal match and maintenance of effort 27.7 requirements for the child care and development fund, the 27.8 commissioner shall establish a pool of up toseventhree percent 27.9 of the annual appropriation for thebasic sliding feechild care 27.10 assistance program to provide assistance under the at-home 27.11 infant child care program. At the end of a fiscal year, the 27.12 commissioner may carry forward any unspent funds under this 27.13 section to the next fiscal year within the same biennium for 27.14 assistance under thebasic sliding feechild care assistance 27.15 program. 27.16 Sec. 36. Minnesota Statutes 2000, section 119B.061, 27.17 subdivision 2, is amended to read: 27.18 Subd. 2. [ELIGIBLE FAMILIES.] (a) A family with an infant 27.19 under the age of one year is eligible for assistance if: 27.20 (1) the family is not receiving MFIP, other cash 27.21 assistance, or other child care assistance; 27.22 (2) the family has not previously received all of the 27.23 one-year exemption from the work requirement for infant care 27.24 under the MFIP program; 27.25 (3) the family has not previously received a life-long 27.26 total of1236 months of assistance under this section; and 27.27 (4) the family is participating in thebasic sliding fee27.28 child care assistance program or provides verification of 27.29 participation in an authorized activity at the time of 27.30 application and meets the program requirements. 27.31 (b) A family is limited to 12 months of assistance per 27.32 child. 27.33 Sec. 37. Minnesota Statutes 2000, section 119B.061, 27.34 subdivision 4, is amended to read: 27.35 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 27.36 lifetime total of1236 months of assistance underthis28.1sectionsubdivision 2. The maximum rate of assistance is equal 28.2 to7590 percent of the rate established under section119B.1328.3 119B.055 for care of infants in licensed family child care in 28.4 the applicant's county of residence. Assistance must be 28.5 calculated to reflect the parent fee requirement under 28.6 section119B.12119B.048 for the family's actual income level 28.7 and family size while the family is participating in the at-home 28.8 infant child care program under this section. 28.9 (b) A participating family must report income and other 28.10 family changes as specified in the county's plan under section 28.11119B.08, subdivision 3119B.025, subdivision 7.The family must28.12treat any assistance received under this section as unearned28.13income.28.14 (c) Persons who are admitted to the at-home infant care 28.15 program retain their position in anybasic sliding feechild 28.16 care assistance program or on any waiting list attained at the 28.17 time of admittance. If they are on the waiting list, they must 28.18 advance as if they had not been admitted to the program. 28.19 Persons leaving the at-home infant care program re-enter 28.20 thebasic sliding feechild care assistance program at the 28.21 position they would have occupiedoron the waiting list or at 28.22 the position to which they would have advanced. Persons who 28.23 would have attained eligibility for thebasic sliding feechild 28.24 care assistance program must be given assistance or advance to 28.25 the top of the waiting list when they leave the at-home infant 28.26 care program. Persons admitted to the at-home infant care 28.27 program who are not on abasic sliding feechild care assistance 28.28 waiting list may apply to thebasic sliding feechild care 28.29 assistance program, and if eligible, be placed on the waiting 28.30 list. 28.31 (d) The time that a family receives assistance under this 28.32 section must be deducted from the one-year exemption from work 28.33 requirements under the MFIP program. 28.34 (e) Assistance under this section does not establish an 28.35 employer-employee relationship between any member of the 28.36 assisted family and the county or state. 29.1 (f) The date of eligibility for the at-home infant child 29.2 care program is the later of the date the infant is born or, in 29.3 a county with a waiting list, the date the family applies for 29.4 at-home infant child care. 29.5 Sec. 38. Minnesota Statutes 2000, section 119B.061, 29.6 subdivision 5, is amended to read: 29.7 Subd. 5. [IMPLEMENTATION.](a)The commissioner shall 29.8 implement the at-home infant child care program under this 29.9 section through counties that administer thebasic sliding fee29.10 child care assistance program under section119B.03119B.014. 29.11 The commissioner must develop and distribute consumer 29.12 information on the at-home infant care program to assist parents 29.13 of infants or expectant parents in making informed child care 29.14 decisions. 29.15(b) The commissioner shall evaluate this program and report29.16the impact to the legislature by January 1, 2000. The29.17evaluation must include data on the number of families29.18participating in the program; the number of families continuing29.19to pursue employment or education while participating in the29.20program; the average income of families prior to, during, and29.21after participation in the program; family size; and single29.22parent and two-parent status.29.23 Sec. 39. Minnesota Statutes 2000, section 121A.17, 29.24 subdivision 1, is amended to read: 29.25 Subdivision 1. [EARLY CHILDHOOD DEVELOPMENTAL SCREENING.] 29.26 Every school board must provide for a mandatory program of early 29.27 childhood developmental screening for children once before 29.28 school entrance, targeting children who are between 3-1/2 and29.29four years old. Screening must be targeted to children who are 29.30 between three and four years old. At the request of the child's 29.31 parent or legal guardian, a child may be screened as early as 29.32 age two. This screening program must be established either by 29.33 one board, by two or more boards acting in cooperation, by 29.34 service cooperatives, by early childhood family education 29.35 programs, or by other existing programs. This screening 29.36 examination is a mandatory requirement for a student to continue 30.1 attending kindergarten or first grade in a public school. A 30.2 child need not submit to developmental screening provided by a 30.3 board if the child's health records indicate to the board that 30.4 the child has received comparable developmental screening from a 30.5 public or private health care organizationor, individual health 30.6 care provider, or Head Start program. Districts are encouraged 30.7 to reduce the costs of preschool developmental screening 30.8 programs by utilizing volunteers in implementing the program. 30.9 Sec. 40. Minnesota Statutes 2000, section 121A.30, is 30.10 amended to read: 30.11 121A.30 [PESTICIDE APPLICATION AT SCHOOLS.] 30.12 Subdivision 1. [PARENTS' RIGHT-TO-KNOW ACT.] Subdivisions 30.13 2 to 14 may be cited as the Janet B. Johnson Parents' 30.14 Right-to-Know Act of 2000. 30.15 Subd. 2. [PESTICIDE APPLICATION NOTIFICATION.] (a) A 30.16 school, Head Start program, or child care provider that plans to 30.17 apply a pesticide which is a toxicity category I, II, or III 30.18 pesticide product, as classified by the United States 30.19 Environmental Protection Agency, or a restricted use pesticide, 30.20 as designated under the Federal Insecticide, Fungicide, and 30.21 Rodenticide Act, on school, Head Start, or child care property, 30.22 must provide a notice to parents and employees that it applies 30.23 such pesticides. The notice required under subdivision 3 must: 30.24 (1) provide that an estimated schedule of the pesticide 30.25 applications is available for review or copying at the school, 30.26 Head Start, or child care offices where such pesticides are 30.27 applied; 30.28 (2) state that long-term health effects on children from 30.29 the application of such pesticides or the class of chemicals to 30.30 which they belong may not be fully understood; 30.31 (3) inform parents that a parent may request to be notified 30.32 by the school, Head Start program or child care provider in the 30.33 manner specified in subdivision 6 before any application of a 30.34 pesticide listed in this subdivision. 30.35 (b) A Head Start or child care program conducted in a 30.36 facility not owned by the program must ensure that the program 31.1 receives prior notification from the owner of the facility of 31.2 pesticide applications in order to comply with the requirements 31.3 of this section. 31.4 Subd. 3. [NOTICE; TIMING; DISTRIBUTION.] The notice must 31.5 be provided no later than September 15 of each school year 31.6 during which pesticides listed in subdivision 2 are planned to 31.7 be applied. The notice may be included with other notices 31.8 provided by the school, Head Start program, or child care 31.9 provider, but must be separately identified and clearly visible 31.10 to the reader. 31.11 Subd. 4. [SCHOOLHANDBOOK OR STATEMENT OF POLICIES.] In 31.12 addition to the notice provided according to subdivision 3, a 31.13 school, Head Start program, or child care provider that is 31.14 required to provide notice under this sectionshallmust include 31.15 in an officialschoolhandbook or officialschoolpolicy guide 31.16 of a general nature a section informing parents that an 31.17 estimated schedule of applications of pesticides listed in 31.18 subdivision 2 is available for review or copying at the school 31.19 offices or Head Start or child care facility, and that a parent 31.20 may receive prior notice of each application if specifically 31.21 requested. 31.22 Subd. 5. [NOTICE AVAILABILITY.] A school, Head Start 31.23 program, or child care provider that uses a pesticide listed in 31.24 subdivision 2 must keep a copy of all notifications required 31.25 under subdivisions 2 and 3 for at least six years in a manner 31.26 available to the public. 31.27 Subd. 6. [NOTIFICATION FOR INDIVIDUAL PARENTS.] A parent 31.28 of a student at a school or a child participating in a Head 31.29 Start or child care program may requestthat the school31.30principal or other person having general control and supervision31.31of the school notify the parentto be notified prior to the 31.32 application of any pesticides listed in subdivision 2 at the 31.33 school or program on a day different from the days specified in 31.34 the notice under subdivision 3. The school principal, program 31.35 director, or other person having general control and supervision 31.36 of the school or program must provide reasonable notice to a 32.1 parent who has requestedsuchthe notification prior to applying 32.2suchthe pesticides. The notice may be waived for emergency 32.3 applications required only by appropriate state or local health 32.4 officials. The notice must include the pesticide to be applied, 32.5 the time of the planned application, and the location at the 32.6 school or program of the planned application. A school or 32.7 program may request reimbursement forthe school'sits 32.8 reasonable costs of providing notice under this subdivision, 32.9 including any costs of mailing, from individuals requesting 32.10 notification under this subdivision. 32.11 Subd. 7. [MODEL NOTICE.] The department of health, in 32.12 consultation with the department of children, families, and 32.13 learning, the office of environmental assistance, and University 32.14 of Minnesota extension service, shall develop and make available 32.15to schools by August 1, 2000,a model notice in a form that can 32.16 be used by a school, Head Start program, or child care provider 32.17 if it chooses to do so. The department shall make the model 32.18 notice available to schools by August 1, 2000, and to Head Start 32.19 programs and child care providers by August 1, 2001. The model 32.20 notice must include the information required by this section. 32.21 The department of health must provide an opportunity for 32.22 environmental groups, interested parents, public health 32.23 organizations, and other parties to work with the department in 32.24 developing the model notice. 32.25 Subd. 8. [PLAN.] A school, Head Start program, or child 32.26 care provider is not required to adopt an integrated pest 32.27 management plan. A school board, Head Start program, or child 32.28 care provider may only notify students, parents, or employees 32.29 that it has adopted an integrated pest management plan if the 32.30 plan is a managed pest control program designed to minimize the 32.31 risk to human health and the environment and to reduce the use 32.32 of chemical pesticides, and which ranks the district's, Head 32.33 Start program's, or child care provider's response to pests in 32.34 the following manner: 32.35 (1) identifying pests which need to be controlled; 32.36 (2) establishing tolerable limits of each identified pest; 33.1 (3) designing future buildings and landscapes to prevent 33.2 identified pests; 33.3 (4) excluding identified pests from sites and buildings 33.4 using maintenance practices; 33.5 (5) adapting cleaning activities and best management 33.6 practices to minimize the number of pests; 33.7 (6) using mechanical methods of controlling identified 33.8 pests; and 33.9 (7) controlling identified pests using the least toxic 33.10 pesticides with the least exposure to persons as is practicable. 33.11 Subd. 9. [PESTICIDE DEFINED; CLEANING PRODUCTS EXCLUDED.] 33.12 For purposes of this section, the term "pesticide" has the 33.13 meaning given it in section 18B.01, subdivision 18, except that 33.14 it does not include any disinfectants, sanitizers, deodorizers, 33.15 or antimicrobial agents used for general cleaning purposes. 33.16 Subd. 10. [PEST DEFINED.] For purposes of this section, 33.17 the term "pest" has the meaning given it in section 18B.01, 33.18 subdivision 17. 33.19 Subd. 11. [SCHOOL DEFINED.] For the purposes of this 33.20 section, "school" means a school as defined in section 120A.22, 33.21 subdivision 4, excluding home schools. 33.22 Subd. 11a. [CHILD CARE PROVIDER.] For the purposes of this 33.23 section, "child care center provider" means a licensed provider. 33.24 Subd. 12. [IMMUNITY FROM LIABILITY.] No cause of action 33.25 may be brought againsta school district, a school, or the33.26districts or school's employees or agentsany of the following 33.27 persons for any failure to comply with the requirements under 33.28 this section: 33.29 (1) a school district, a school, or the district's or 33.30 school's employees or agents; 33.31 (2) A Head Start program or the program's employees or 33.32 agents; or 33.33 (3) a child care provider or the provider's employees or 33.34 agents. 33.35 Subd. 13. [EVIDENCE OF FAILURE TO COMPLY EXCLUDED.] A 33.36 failure to comply with the requirements of this section may not 34.1 be presented as evidence in any lawsuit based upon physical 34.2 injury resulting from exposure to pesticides applied at a 34.3 school, Head Start program, or child care facility. 34.4 Subd. 14. [NO SPECIAL RIGHTS.] Nothing in this section 34.5 affects the duty of a parent or a student to comply with the 34.6 compulsory attendance law or the duty of a school, Head Start, 34.7 or child care employee to comply with the provisions of an 34.8 applicable employment contract or policy. 34.9 [EFFECTIVE DATE.] This section is effective August 1, 2001. 34.10 Sec. 41. Minnesota Statutes 2000, section 124D.135, is 34.11 amended by adding a subdivision to read: 34.12 Subd. 8. [RESERVE ACCOUNT LIMIT.] Under this section, the 34.13 average annual revenue, during the most recent three-year 34.14 period, in a district's early childhood family education reserve 34.15 account on June 30 of each year must not be greater than 25 34.16 percent of the district's early childhood family education 34.17 annual revenue for the prior year. If a district's average 34.18 early childhood family education reserve, over the most recent 34.19 three-year period, is in excess of 25 percent of the prior year 34.20 annual revenue, the district's current year early childhood 34.21 family education state aid and levy authority must be reduced by 34.22 the excess reserve amount. The commissioner must reallocate aid 34.23 reduced under this subdivision to other eligible early childhood 34.24 family education programs. 34.25 Sec. 42. Minnesota Statutes 2000, section 124D.135, is 34.26 amended by adding a subdivision to read: 34.27 Subd. 9. [WAIVER.] If a district anticipates that the 34.28 reserve account may exceed the 25 percent limit established 34.29 under subdivision 8 because of extenuating circumstances, prior 34.30 approval to exceed the limit must be obtained in writing from 34.31 the commissioner. 34.32 Sec. 43. Minnesota Statutes 2000, section 124D.16, 34.33 subdivision 2, is amended to read: 34.34 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 34.35 receive school readiness aid if the program plan as required by 34.36 subdivision 1 has been approved by the commissioner. 35.1 (b) For fiscal year 1998 and thereafter, a district must 35.2 receive school readiness aid equal to: 35.3 (1) the number of eligible four-year-old children in the 35.4 district on October 1 for the previous school year times the 35.5 ratio of 50 percent of the total school readiness aid for that 35.6 year to the total number of eligible four-year-old children 35.7 reported to the commissioner forthatthe previous school year; 35.8 plus 35.9 (2) the number of pupils enrolled in the school district 35.10 from families eligible for the free or reduced school lunch 35.11 program for the second previous school year times the ratio of 35.12 50 percent of the total school readiness aid for that year to 35.13 the total number of pupils in the state from families eligible 35.14 for the free or reduced school lunch program for the second 35.15 previous school year. 35.16 Sec. 44. Minnesota Statutes 2000, section 124D.16, is 35.17 amended by adding a subdivision to read: 35.18 Subd. 5. [RESERVE ACCOUNT.] School readiness revenue, 35.19 which includes aids, fees, grants, and all other revenues 35.20 received by the district school readiness programs, must be 35.21 maintained in a reserve account within the community service 35.22 fund. 35.23 Sec. 45. Minnesota Statutes 2000, section 124D.16, is 35.24 amended by adding a subdivision to read: 35.25 Subd. 6. [RESERVE ACCOUNT LIMIT.] Under this section, the 35.26 average annual revenue, during the most recent three-year 35.27 period, in a district's school readiness reserve account on June 35.28 30 of each year must not be greater than 25 percent of the 35.29 district's school readiness annual revenue for the prior year. 35.30 If a district's average school readiness reserve, over the most 35.31 recent three-year period, is in excess of 25 percent of the 35.32 prior year annual revenue, the district's current year school 35.33 readiness state aid must be reduced by the excess reserve 35.34 amount. The commissioner must reallocate aid reduced under this 35.35 subdivision to other eligible school readiness programs. 35.36 Sec. 46. Minnesota Statutes 2000, section 124D.16, is 36.1 amended by adding a subdivision to read: 36.2 Subd. 7. [WAIVER.] If a district anticipates that the 36.3 reserve account may exceed the 25 percent limit established 36.4 under subdivision 6 because of extenuating circumstances, prior 36.5 approval to exceed the limit must be obtained in writing from 36.6 the commissioner. 36.7 Sec. 47. [124D.165] [EARLY CHILDHOOD PROGRAM EVALUATION.] 36.8 (a) The commissioner must develop and use a common set of 36.9 outcomes and indicators and a statewide outcome-based evaluation 36.10 for the early childhood programs under sections 119A.52, 36.11 124D.13, and 124D.15. 36.12 (b) The outcomes and indicators for the early childhood 36.13 programs listed in paragraph (a) must include the following, if 36.14 applicable to the program: 36.15 (1) school readiness; 36.16 (2) child development; 36.17 (3) parental awareness of child development; 36.18 (4) parental satisfaction; 36.19 (5) parental involvement; and 36.20 (6) child health. 36.21 (c) The statewide outcome-based evaluation must include, 36.22 for each of the early childhood programs listed under paragraph 36.23 (a): 36.24 (1) a statewide comparison of children and parents 36.25 participating in the program and a statewide comparison group of 36.26 children and parents who have not participated in the programs; 36.27 and 36.28 (2) cost per participant information. 36.29 (d) The commissioner must require each program receiving 36.30 revenue under sections 119A.52, 124D.135, and 124D.16 to 36.31 participate in the development and use of the outcomes and 36.32 indicators under paragraph (b). 36.33 (e) The commissioner must report to the legislative finance 36.34 committees with responsibility for the programs listed under 36.35 paragraph (a) by January 31, 2002, on the development of the 36.36 outcomes, indicators, and outcome-based evaluation required 37.1 under this section. 37.2 Sec. 48. Minnesota Statutes 2000, section 125A.28, is 37.3 amended to read: 37.4 125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 37.5 An interagency coordinating council of at least 17, but not 37.6 more than 25 members is established, in compliance with Public 37.7 Law Number 102-119, section 682. The members must be appointed 37.8 by the governor. Council members must elect the council chair. 37.9 The representative of the commissioner may not serve as the 37.10 chair. The council must be composed of at least five parents, 37.11 including persons of color, of children with disabilities under 37.12 age 12, including at least three parents of a child with a 37.13 disability under age seven, five representatives of public or 37.14 private providers of services for children with disabilities 37.15 under age five, including a special education director, county 37.16 social service director, local Head Start director, and a 37.17 community health services or public health nursing 37.18 administrator, one member of the senate, one member of the house 37.19 of representatives, one representative of teacher preparation 37.20 programs in early childhood-special education or other 37.21 preparation programs in early childhood intervention, at least 37.22 one representative of advocacy organizations for children with 37.23 disabilities under age five, one physician who cares for young 37.24 children with special health care needs, one representative each 37.25 from the commissioners of commerce, children, families, and 37.26 learning, health, human services, a representative from the 37.27 state agency responsible for child care, and a representative 37.28 from Indian health services or a tribal council. Section 37.29 15.059, subdivisions 2 to 5, apply to the council. The council 37.30 must meet at least quarterly. 37.31 The council must address methods of implementing the state 37.32 policy of developing and implementing comprehensive, 37.33 coordinated, multidisciplinary interagency programs of early 37.34 intervention services for children with disabilities and their 37.35 families. 37.36 The duties of the council include recommending policies to 38.1 ensure a comprehensive and coordinated system of all state and 38.2 local agency services for children under age five with 38.3 disabilities and their families. The policies must address how 38.4 to incorporate each agency's services into a unified state and 38.5 local system of multidisciplinary assessment practices, 38.6 individual intervention plans, comprehensive systems to find 38.7 children in need of services, methods to improve public 38.8 awareness, and assistance in determining the role of interagency 38.9 early intervention committees. 38.10 ByJuneSeptember 1, the council must recommend to the 38.11 governor and the commissioners of children, families, and 38.12 learning, health, human services, commerce, and economic 38.13 security policies for a comprehensive and coordinated system. 38.14 Notwithstanding any other law to the contrary, the state 38.15 interagency coordinating council expires on June 30,20012003. 38.16 Sec. 49. [CHILD CARE DEVELOPMENT FUND STATEWIDE PLAN.] 38.17 Subdivision 1. [CHILD CARE DEVELOPMENT FUND STATEWIDE 38.18 PLAN.] (a) In accordance with the requirements found in Code of 38.19 Federal Regulations, title 45, part 98, and in conjunction with 38.20 other federal, state, and local child care and early childhood 38.21 development programs, the commissioner of children, families, 38.22 and learning must continue to coordinate the creation of a 38.23 Minnesota child care and development fund plan to determine 38.24 statewide grant activities for the 2002-2003 biennium. 38.25 (b) The plan must identify grant activities that: 38.26 (1) directly respond to federal requirements, including 38.27 school-age care, infant and toddler care, child care resource 38.28 and referral, and quality and availability; 38.29 (2) promote community partnerships among a variety of 38.30 family providers as well as child care centers; and 38.31 (3) create new opportunities for employer involvement in 38.32 the provision of child care. 38.33 (c) The plan must provide no less than 35 percent of the 38.34 total funding in each fiscal year for child care development 38.35 grants for federally required activities, no less than five 38.36 percent of the total funding in each fiscal year for quality 39.1 improvement activities with existing early childhood family 39.2 education programs and child care providers, and no less than 15 39.3 percent of the general fund appropriation for child care 39.4 development for the development of child care facilities under 39.5 Minnesota Statutes, section 119B.25. 39.6 Subd. 2. [CHILD CARE DEVELOPMENT GRANTS.] (a) Total 39.7 funding for child care development grants consists of money 39.8 received from state general funds, federal child care 39.9 development funds, federal TANF funds, and benevolent gifts. 39.10 Total child care development grant funding is $10,808,000 in 39.11 fiscal year 2002 and $11,123,000 in fiscal year 2003. 39.12 (b) In accordance with federal requirements for the 39.13 development of a comprehensive child care development plan and 39.14 in an effort to provide for a variety of child care needs 39.15 statewide, the Minnesota child care and development fund plan 39.16 must provide, at a minimum: 39.17 (1) $1,000,000 in the 2002-2003 fiscal biennium for early 39.18 childhood family education programs, under Minnesota Statutes, 39.19 section 124D.13, in communities throughout the state to enhance 39.20 the learning experiences of children in family- or center-based 39.21 child care programs through the provision of supplementary 39.22 services and resources, staff training, parent education, and 39.23 assistance with children who have special needs; 39.24 (2) $500,000 from the general fund in the 2002-2003 fiscal 39.25 biennium for loans to improve or construct child care sites, 39.26 under Minnesota Statutes, section 119B.25. Each loan must be 39.27 matched with nonpublic funding on a one-to-one basis; 39.28 (3) $120,000 in the 2002-2003 fiscal biennium for early 39.29 childhood professional development grants. No less than four 39.30 grants must be awarded to support child care professional 39.31 development activities. Two of the grants must focus on the 39.32 development needs of child care professionals in rural areas and 39.33 two of the grants must focus on the development needs of child 39.34 care professionals located in the seven-county metropolitan 39.35 area. Grants to successful applicants may not exceed $30,000 39.36 per grant; 40.1 (4) $200,000 in the 2002-2003 fiscal biennium for the 40.2 facilities loan and business program. These funds must be used 40.3 to heighten business awareness and streamline the process to 40.4 support the development of new child care facilities in 40.5 workplace settings. No less than 40 percent of these funds must 40.6 be used by the commissioner to work with the Minnesota chamber 40.7 of commerce and its affiliates and other trade organizations to 40.8 develop a statewide approach to encourage employers to establish 40.9 tax-deferred child care accounts for their employees; 40.10 (5) $1,000,000 in the 2002-2003 fiscal biennium for the 40.11 loan forgiveness scholarship program for credit-based education 40.12 or C.D.A. classes for child care providers that agree to work in 40.13 the Minnesota child care industry for two years; 40.14 (6) $20,000 in each year of the 2002-2003 fiscal biennium 40.15 for the child care assistance voucher program. These funds must 40.16 be used to assist counties with fraud prevention activities, 40.17 especially in counties that make child care assistance payments 40.18 directly to the parents. The commissioner of children, 40.19 families, and learning must devise a system of paper vouchers 40.20 and by October 1, 2001, require all counties that currently make 40.21 child care assistance payments directly to parents to convert to 40.22 the child care assistance voucher program system. 40.23 Sec. 50. [APPROPRIATIONS.] 40.24 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 40.25 LEARNING.] The sums indicated in this section are appropriated 40.26 from the general fund to the department of children, families, 40.27 and learning for the fiscal years designated, unless otherwise 40.28 indicated. 40.29 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 40.30 for school readiness programs according to Minnesota Statutes, 40.31 sections 124D.15 and 124D.16: 40.32 $10,395,000 ..... 2002 40.33 $10,395,000 ..... 2003 40.34 The 2002 appropriation includes $1,039,000 for 2001 and 40.35 $9,356,000 for 2002. 40.36 The 2003 appropriation includes $1,039,000 for 2002 and 41.1 $9,356,000 for 2003. 41.2 Any balance in the first year does not cancel but is 41.3 available in the second year. 41.4 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 41.5 childhood family education aid according to Minnesota Statutes, 41.6 section 124D.135: 41.7 $20,758,000 ..... 2002 41.8 $20,663,000 ..... 2003 41.9 The 2002 appropriation includes $2,036,000 for 2001 and 41.10 $18,722,000 for 2002. 41.11 The 2003 appropriation includes $2,081,000 for 2002 and 41.12 $18,582,000 for 2003. 41.13 Any balance in the first year does not cancel but is 41.14 available in the second year. 41.15 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 41.16 health and developmental screening aid according to Minnesota 41.17 Statutes, sections 121A.17 and 121A.19: 41.18 $2,661,000 ..... 2002 41.19 $2,661,000 ..... 2003 41.20 The 2002 appropriation includes $266,000 for 2001 and 41.21 $2,395,000 for 2002. 41.22 The 2003 appropriation includes $266,000 for 2002 and 41.23 $2,395,000 for 2003. 41.24 Any balance in the first year does not cancel but is 41.25 available in the second year. 41.26 Subd. 5. [WAY TO GROW.] For grants for existing way to 41.27 grow programs according to Minnesota Statutes, section 124D.17: 41.28 $475,000 ..... 2002 41.29 $475,000 ..... 2003 41.30 Any balance in the first year does not cancel but is 41.31 available in the second year. 41.32 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 41.33 according to Minnesota Statutes, section 119A.52: 41.34 $17,375,000 ..... 2002 41.35 $17,375,000 ..... 2003 41.36 The general fund base for fiscal years 2004 and 2005 is 42.1 $17,375,000 for each year. Any balance in the first year does 42.2 not cancel but is available in the second year. 42.3 Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid 42.4 according to Minnesota Statutes, section 124D.22: 42.5 $221,000 ..... 2002 42.6 $133,000 ..... 2003 42.7 The 2002 appropriation includes $30,000 for 2001 and 42.8 $191,000 for 2002. 42.9 The 2003 appropriation includes $21,000 for 2002 and 42.10 $112,000 for 2003. 42.11 Any balance in the first year does not cancel but is 42.12 available in the second year. 42.13 Subd. 8. [CHILD CARE ASSISTANCE.] For child care 42.14 assistance according to Minnesota Statutes, section 119B.014: 42.15 $134,252,000 ..... 2002 42.16 $130,604,000 ..... 2003 42.17 Any balance in the first year does not cancel but is 42.18 available in the second year. 42.19 Subd. 9. [CHILD CARE INTEGRITY.] For the administrative 42.20 costs of program integrity and fraud prevention for child care 42.21 assistance under chapter 119B: 42.22 $175,000 ..... 2002 42.23 $175,000 ..... 2003 42.24 Any balance in the first year does not cancel but is 42.25 available in the second year. 42.26 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 42.27 development grants according to Minnesota Statutes, section 42.28 119B.21: 42.29 $1,865,000 ..... 2002 42.30 $1,865,000 ..... 2003 42.31 These funds must be used in accordance with section 49, 42.32 subdivision 2, paragraph (b), clause (2). 42.33 Any balance in the first year does not cancel but is 42.34 available in the second year. 42.35 Subd. 11. [EARLY CHILDHOOD PROGRAM EVALUATIONS.] For early 42.36 childhood program evaluations according to Minnesota Statutes, 43.1 sections 119A.52, 124D.13, and 124D.15: 43.2 $110,000 ..... 2002 43.3 $110,000 ..... 2003 43.4 Any balance in the first year does not cancel but is 43.5 available in the second year. 43.6 Sec. 51. [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.] 43.7 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 43.8 LEARNING.] Appropriations in this section are from child support 43.9 collection payments in the special revenue fund pursuant to 43.10 Minnesota Statutes, section 119B.014. The sums indicated are 43.11 appropriated to the department of children, families, and 43.12 learning for the fiscal years designated. The commissioner must 43.13 ensure that all transferred funds are expended in accordance 43.14 with the child care and development regulations and that the 43.15 maximum allowable transferred funds are used for the program in 43.16 this section. 43.17 Subd. 2. [CHILD CARE ASSISTANCE.] For child care 43.18 assistance according to Minnesota Statutes, section 119B.014: 43.19 $2,441,439 ..... 2002 43.20 $2,340,251 ..... 2003 43.21 Sec. 52. [FEDERAL TANF TRANSFERS.] 43.22 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, and 43.23 LEARNING.] The sums indicated in this section are transferred 43.24 from the federal TANF fund to the child care and development 43.25 fund and appropriated to the department of children, families, 43.26 and learning for the fiscal years designated. 43.27 Subd. 2. [CHILD CARE ASSISTANCE.] For child care 43.28 assistance according to Minnesota Statutes, section 119B.014: 43.29 $24,473,000 ..... 2002 43.30 $24,038,000 ..... 2003 43.31 Of this appropriation, $3,500,000 per year must be used for 43.32 the child care at-risk set-aside under Minnesota Statutes, 43.33 section 119B.045, subdivision 4. 43.34 Any balance the first year does not cancel but is available 43.35 in the second year. 43.36 Sec. 53. [FEDERAL TANF TRANSFERS.] 44.1 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 44.2 LEARNING.] The sums indicated in this section are transferred 44.3 from the federal TANF fund to the Head Start program and 44.4 appropriated to the department of children, families, and 44.5 learning for the fiscal years designated. These funds shall be 44.6 used to provide Head Start services for children ages zero to 44.7 three. 44.8 Subd. 2. [HEAD START PROGRAM.] For Head Start programs 44.9 according to Minnesota Statutes, section 119A.52: 44.10 $1,000,000 ..... 2002 44.11 $1,000,000 ..... 2003 44.12 The TANF base for fiscal years 2004 and 2005 is $1,000,000 44.13 each year. 44.14 Any balance the first year does not cancel but is available 44.15 in the second year. 44.16 Sec. 54. [REPEALER.] 44.17 (a) Minnesota Statutes 2000, sections 119B.011, subdivision 44.18 20; 119B.03; 119B.04; 119B.05; 119B.06; 119B.07; 119B.074; 44.19 119B.08; 119B.09; 119B.10; 119B.11; 119B.12; 119B.13; 119B.14; 44.20 119B.15; and 119B.16, are repealed effective December 31, 2001. 44.21 (b) Minnesota Statutes 2000, section 124D.16, subdivision 44.22 4, is repealed effective July 1, 2001. 44.23 Sec. 55. [EFFECTIVE DATE.] 44.24 Sections 4 to 39 are effective January 1, 2002. 44.25 ARTICLE 2 44.26 PREVENTION 44.27 Section 1. Minnesota Statutes 2000, section 119A.12, is 44.28 amended by adding a subdivision to read: 44.29 Subd. 4. [AUTHORITY TO DISBURSE FUNDS.] The commissioner 44.30 may disburse trust fund money to any public or private nonprofit 44.31 agency to fund a child abuse prevention program. State funds 44.32 appropriated for child maltreatment prevention grants may be 44.33 transferred to the children's trust fund special revenue account 44.34 and are available to carry out this section. 44.35 Sec. 2. Minnesota Statutes 2000, section 119A.12, is 44.36 amended by adding a subdivision to read: 45.1 Subd. 5. [PLAN FOR DISBURSEMENT OF FUNDS.] The 45.2 commissioner shall develop a plan to disburse money from the 45.3 trust fund. The plan must ensure that all geographic areas of 45.4 the state have an equal opportunity to establish prevention 45.5 programs and receive trust fund money. 45.6 Sec. 3. Minnesota Statutes 2000, section 119A.12, is 45.7 amended by adding a subdivision to read: 45.8 Subd. 6. [OPERATIONAL COSTS.] $120,000 each year is 45.9 appropriated from the children's trust fund to the special 45.10 revenue fund for administration and indirect costs of the 45.11 children's trust fund program. 45.12 Sec. 4. Minnesota Statutes 2000, section 119A.13, 45.13 subdivision 4, is amended to read: 45.14 Subd. 4. [RESPONSIBILITIES OF COMMISSIONER.] (a) The 45.15 commissioner shall: 45.16 (1) provide for the coordination and exchange of 45.17 information on the establishment and maintenance of prevention 45.18 programs; 45.19 (2) develop and publish criteria for receiving trust fund 45.20 money by prevention programs; 45.21 (3) review, approve, and monitor the spending of trust fund 45.22 money by prevention programs; 45.23 (4) provide statewide educational and public informational 45.24 seminars to develop public awareness on preventing child abuse; 45.25 to encourage professional persons and groups to recognize 45.26 instances of child abuse and work to prevent them; to make 45.27 information on child abuse prevention available to the public 45.28 and to organizations and agencies; and to encourage the 45.29 development of prevention programs, including programs that 45.30 provide support for adolescent parents, fathering education 45.31 programs, and other prevention activities designed to prevent 45.32 teen pregnancy; 45.33 (5) establish a procedure for an annual, internal 45.34 evaluation of the functions, responsibilities, and performance 45.35 of the commissioner in carrying out Laws 1986, chapter 423; 45.36 (6) provide technical assistance to local councils and 46.1 agencies working in the area of child abuse prevention; and 46.2 (7) accept and review grant applications beginning June 1, 46.3 1987. 46.4 (b) The commissioner shall recommend to the governor 46.5 changes in state programs, statutes, policies, budgets, and 46.6 standards that will reduce the problems of child abuse, improve 46.7 coordination among state agencies that provide prevention 46.8 services, and improve the condition of children, parents, or 46.9 guardians in need of prevention program services. 46.10 Sec. 5. Minnesota Statutes 2000, section 119A.21, is 46.11 amended to read: 46.12 119A.21 [GRANTS TO SERVICE PROVIDER PROGRAMS.] 46.13 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 46.14 award grants to programs which provideabused children46.15 services to abused or neglected children. Grants shall be 46.16 awarded in a manner that ensures that they are equitably 46.17 distributed to programs serving metropolitan and nonmetropolitan 46.18 populations. 46.19 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 46.20 agency may apply to the commissioner for a grantto provide46.21abused children services. The application shall be submittedin46.22 on a formapprovedprescribed by the commissionerafter46.23consultation with the abused children advisory council and shall46.24include:. 46.25(1) a proposal for the provision of abused children46.26services to, or on behalf of, abused children, children at risk,46.27and their families;46.28(2) a proposed budget;46.29(3) evidence of ability to represent the interests of46.30abused children and their families to local law enforcement46.31agencies and courts, social services, and health agencies;46.32(4) evidence of ability to do outreach to unserved and46.33underserved populations and to provide culturally and46.34linguistically appropriate services; and46.35(5) any other information the commissioner may require by46.36policy or by rule adopted under chapter 14, after considering47.1the recommendations of the abused children advisory council.47.2Programs which have been approved for grants in prior years47.3may submit materials which indicate changes in items listed in47.4clauses (1) to (5), in order to qualify for renewal funding.47.5Nothing in this subdivision may be construed to require programs47.6to submit complete applications for each year of funding.47.7 Subd. 3. [DUTIES.] Every public or private nonprofit 47.8 agency which receives a grant under this sectionto provide47.9abused children servicesshall comply with all requirements of 47.10 the commissioner related to the administration of the grants. 47.11 Subd. 4. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 47.12 Personal history information and other information collected, 47.13 used, or maintained by a grantee from which the identity of any 47.14 abused child or family members may be determined is private data 47.15 on individuals as defined in section 13.02, subdivision 12, and 47.16 the grantee shall maintain the data in accordance with 47.17 provisions of chapter 13. 47.18 Sec. 6. Minnesota Statutes 2000, section 119A.22, is 47.19 amended to read: 47.20 119A.22 [DUTIES OF THE COMMISSIONER.] 47.21 The commissioner shall: 47.22 (1) review applications and award grants to programs 47.23 pursuant to section 119A.21after considering the recommendation47.24of the abused children advisory council; 47.25 (2)appoint members of the abused children advisory council47.26created under section 119A.23 and provide consultative staff and47.27other administrative services to the council;47.28(3) after considering the recommendation of the abused47.29children advisory council, appoint a program director to perform47.30the duties set forth in this clause. In appointing the program47.31director the commissioner shall give due consideration to the47.32list of applicants submitted to the commissioner pursuant to47.33this section. The program director shall administer the funds47.34appropriated for sections 119A.20 to 119A.23, consult with and47.35provide staff to the advisory council and perform other duties47.36related to abused children's programs as the commissioner may48.1assign;48.2(4)design a uniform method of collecting dataon abused48.3children's programsto be used to monitor and assure compliance 48.4 of the programs funded under section 119A.21; 48.5(5)(3) provide technicalaidassistance to applicants in 48.6 the development of grant requests and toprogramsgrantees in 48.7 meeting the data collection requirements established by the 48.8 commissioner; and 48.9(6)(4) adopt, under chapter 14, all rules necessary to 48.10 implement the provisions of sections 119A.20 to 119A.23. 48.11 Sec. 7. [119A.35] [ADVISORY COUNCIL.] 48.12 Subdivision 1. [GENERALLY.] The council is established 48.13 under section 15.059 to advise the commissioner of children, 48.14 families, and learning on the implementation and continued 48.15 operations of sections 119A.10 to 119A.16 and 119A.20 to 48.16 119A.22. The council shall expire June 30, 2005. 48.17 Subd. 2. [COUNCIL MEMBERSHIP.] The council shall consist 48.18 of a total of 22 members. The governor shall appoint 18 of 48.19 these members. The commissioners of human services and health 48.20 shall each appoint one member. The senate shall appoint one 48.21 member from the senate family and early childhood education 48.22 finance committee and the house of representatives shall appoint 48.23 one member from the house family and early childhood budget 48.24 committee. 48.25 Council members shall have knowledge in the areas of child 48.26 abuse and neglect prevention and intervention and knowledge of 48.27 the risk factors that can lead to child abuse and neglect. 48.28 Council members shall be representative of: local government, 48.29 criminal justice, parents, consumers of services, health and 48.30 human services professionals, faith community, professional and 48.31 volunteer providers of child abuse and neglect prevention and 48.32 intervention services, racial and ethnic minority communities, 48.33 and the demographic and geographic composition of the state. 48.34 Ten council members shall reside in the seven-county 48.35 metropolitan area and eight shall reside in nonmetropolitan 48.36 areas. 49.1 Subd. 3. [RESPONSIBILITIES.] The council shall: 49.2 (1) advise the commissioner on planning, policy 49.3 development, data collection, rulemaking, funding, and 49.4 evaluation of the programs under the sections listed in 49.5 subdivision 1; 49.6 (2) coordinate and exchange information on the 49.7 establishment and ongoing operation of the programs listed in 49.8 subdivision 1; 49.9 (3) develop and publish criteria and guidelines for 49.10 receiving grants relating to child abuse and neglect prevention 49.11 and safety and support of child victims, including, but not 49.12 limited to, funds dedicated to the children's trust fund and 49.13 abused children program; 49.14 (4) provide guidance in the development of statewide 49.15 education and public information activities that increase public 49.16 awareness in the prevention and intervention of child abuse and 49.17 neglect and encourage the development of prevention and 49.18 intervention programs, which includes the safety of child 49.19 victims; 49.20 (5) guide, analyze, and disseminate results in the 49.21 development of appropriate evaluation procedures for all 49.22 programs receiving funds under subdivision 1; and 49.23 (6) assist the commissioner in identifying service gaps or 49.24 duplication in services including geographic dispersion of 49.25 resources, programs reflecting the cycle of child abuse, and the 49.26 availability of culturally appropriate intervention and 49.27 prevention services. 49.28 Sec. 8. Minnesota Statutes 2000, section 124D.19, is 49.29 amended by adding a subdivision to read: 49.30 Subd. 12. [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAMS.] Each 49.31 district operating a community education program under this 49.32 section may establish a youth after-school enrichment program to 49.33 maintain and expand participation by school-age youth in 49.34 supervised activities during nonschool hours. The youth 49.35 after-school enrichment programs must include activities that 49.36 support development of social, mental, physical, and creative 50.1 abilities of school-age youth; provide structured youth programs 50.2 during high-risk times; and design programming to promote youth 50.3 leadership development and improved academic performance. Youth 50.4 after-school enrichment programs must collaborate with former 50.5 after-school enrichment grantees. 50.6 Sec. 9. Minnesota Statutes 2000, section 124D.19, is 50.7 amended by adding a subdivision to read: 50.8 Subd. 13. [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAM 50.9 GOALS.] The goals of youth after-school enrichment programs are 50.10 to: 50.11 (1) collaborate with and leverage existing community 50.12 resources that have demonstrated effectiveness; 50.13 (2) reach out to children and youth, including at-risk 50.14 youth, in the community; 50.15 (3) increase the number of children participating in 50.16 adult-supervised programs during nonschool hours; 50.17 (4) support academic achievement; and 50.18 (5) increase skills in technology, the arts, sports, and 50.19 other activities. 50.20 Sec. 10. Minnesota Statutes 2000, section 124D.19, is 50.21 amended by adding a subdivision to read: 50.22 Subd. 14. [COMMUNITY EDUCATION; ANNUAL REPORT.] Each 50.23 district offering a community education program under this 50.24 section must annually report to the department of children, 50.25 families, and learning information regarding the cost per 50.26 participant and cost per contact hour for each community 50.27 education program, including youth after-school enrichment 50.28 programs, that receive aid or levy. The department of children, 50.29 families, and learning must include cost per participant and 50.30 cost per contact hour information by program in the community 50.31 education annual report. 50.32 Sec. 11. Minnesota Statutes 2000, section 124D.20, 50.33 subdivision 1, is amended to read: 50.34 Subdivision 1. [TOTAL COMMUNITY EDUCATION REVENUE.] Total 50.35 community education revenue equals the sum of a district's 50.36 general community education revenueand, youth service program 51.1 revenue, and youth after-school enrichment revenue. 51.2 Sec. 12. Minnesota Statutes 2000, section 124D.20, is 51.3 amended by adding a subdivision to read: 51.4 Subd. 4a. [YOUTH AFTER-SCHOOL ENRICHMENT 51.5 REVENUE.] Beginning in 2002, youth after-school enrichment 51.6 revenue is available to a district that has implemented a youth 51.7 after-school enrichment program. Youth after-school enrichment 51.8 revenue equals: 51.9 (1) $0.93 times the greater of 1,335 or the population of 51.10 the district, as defined in section 275.14, not to exceed 51.11 10,000; and 51.12 (2) $0.24 times the population of the district, as defined 51.13 in section 275.14, in excess of 10,000. 51.14 In fiscal year 2003 and thereafter, youth after-school 51.15 enrichment revenue equals: 51.16 (1) $2.78 times the greater of 1,335 or the population of 51.17 the district, as defined in section 275.14, not to exceed 51.18 10,000; and 51.19 (2) $0.67 times the population of the district, as defined 51.20 in section 275.14, in excess of 10,000. Youth after-school 51.21 enrichment revenue must be reserved for youth after-school 51.22 enrichment programs. 51.23 Sec. 13. Minnesota Statutes 2000, section 124D.20, 51.24 subdivision 5, is amended to read: 51.25 Subd. 5. [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 51.26 community education revenue, a district may levy the amount 51.27 raised by a maximum tax rate of.4795.7431 percent times the 51.28 adjusted net tax capacity of the district. This amount reflects 51.29 a community education levy of .4795 percent times the adjusted 51.30 net tax capacity of the district plus a youth after-school 51.31 enrichment levy of .2636 percent times the adjusted net tax 51.32 capacity of the district. If the amount of the total community 51.33 education levy would exceed the total community education 51.34 revenue, the total community education levy shall be determined 51.35 according to subdivision 6. 51.36 Sec. 14. Minnesota Statutes 2000, section 124D.221, 52.1 subdivision 1, is amended to read: 52.2 Subdivision 1. [ESTABLISHMENT.] A competitivestatewide52.3 after-school enrichment grant program is established to provide 52.4 implementation grants to community or nonprofit organizations, 52.5 to political subdivisions, or to school-based programs in cities 52.6 of the first class. A community or nonprofit organization must 52.7 be a charitable organization under section 501(c)(3) of the 52.8 Internal Revenue Code of 1986. An after-school enrichment grant 52.9 to a successful applicant may not exceed $750,000. The 52.10 commissioner shall develop criteria for after-school enrichment 52.11 programs. 52.12 Sec. 15. Minnesota Statutes 2000, section 124D.221, 52.13 subdivision 2, is amended to read: 52.14 Subd. 2. [PRIORITYNEIGHBORHOODS.] (a) The commissioner 52.15 must give priority to applicants who: 52.16 (1) beginning in fiscal year 2002, demonstrate a match of 52.17 $1 of nonstate funding for every $3 of the grant amount awarded 52.18 for implementation of an after-school enrichment program; 52.19 (2) beginning in fiscal year 2003, demonstrate a match of 52.20 $1 of nonstate funding for each $1 of the grant amount awarded 52.21 for the implementation of an after-school enrichment program; 52.22 and 52.23 (3) establish an accountability system that sets measurable 52.24 goals and outcomes that support academic achievement, school 52.25 attendance, reduces the number of suspensions, and assesses 52.26 participants' progress on these measures annually. 52.27 (b) For grants in Minneapolis and St. Paul, the 52.28 commissioner must give priority to neighborhoods in this 52.29 subdivision. In Minneapolis, priority neighborhoods are Near 52.30 North, Hawthorne, Sumner-Glenwood, Harrison, Jordan, Powderhorn, 52.31 Central, Whittier, Cleveland, McKinley, Waite Park, Sheridan, 52.32 Holland, Lyndale, Folwell, and Phillips. In St. Paul, priority 52.33 neighborhoods are Summit-University, Thomas-Dale, North End, 52.34 Payne-Phalen, Daytons Bluff, and the West Side. 52.35 Sec. 16. Minnesota Statutes 2000, section 124D.221, is 52.36 amended by adding a subdivision to read: 53.1 Subd. 6. [PROGRAM COST; REPORT.] Each program that 53.2 receives a grant under this section must annually report to the 53.3 commissioner information regarding the cost per participant and 53.4 cost per contact hour for the program. 53.5 Sec. 17. [APPROPRIATIONS.] 53.6 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 53.7 LEARNING.] The sums indicated in this section are appropriated 53.8 from the general fund to the department of children, families, 53.9 and learning for the fiscal years designated. 53.10 Subd. 2. [FAMILY COLLABORATIVES.] For family 53.11 collaboratives according to Laws 1995, First Special Session 53.12 chapter 3, article 4, section 29, subdivision 10, as amended by 53.13 Laws 1996, chapter 412, article 4, section 27: 53.14 $1,477,000 ..... 2002 53.15 $ 863,000 ..... 2003 53.16 No new family services collaboratives shall be funded with 53.17 this appropriation. 53.18 Any balance in the first year does not cancel but is 53.19 available in the second year. 53.20 Subd. 3. [COMMUNITY EDUCATION AID.] For community 53.21 education aid according to Minnesota Statutes, section 124D.20: 53.22 $16,459,000 ..... 2002 53.23 $15,611,000 ..... 2003 53.24 The 2002 appropriation includes $1,528,000 for 2001 and 53.25 $14,931,000 for 2002. 53.26 The 2003 appropriation includes $1,659,000 for 2002 and 53.27 $13,952,000 for 2003. 53.28 Of this appropriation, $250,000 must be set aside each year 53.29 for the guard our youth program sponsored by the department of 53.30 military affairs to serve at-risk and underserved youth ages 53.31 nine to 16 years. 53.32 Any balance in the first year does not cancel but is 53.33 available in the second year. 53.34 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 53.35 adults with disabilities programs according to Minnesota 53.36 Statutes, section 124D.56: 54.1 $710,000 ..... 2002 54.2 $710,000 ..... 2003 54.3 Any balance in the first year does not cancel but is 54.4 available in the second year. 54.5 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 54.6 hearing-impaired adults according to Minnesota Statutes, section 54.7 124D.57: 54.8 $70,000 ..... 2002 54.9 $70,000 ..... 2003 54.10 Any balance in the first year does not cancel but is 54.11 available in the second year. 54.12 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 54.13 violence prevention education grants according to Minnesota 54.14 Statutes, section 120B.23: 54.15 $1,450,000 ..... 2002 54.16 $1,450,000 ..... 2003 54.17 Any balance in the first year does not cancel but is 54.18 available in the second year. 54.19 Subd. 7. [ABUSED CHILDREN.] For abused children programs 54.20 according to Minnesota Statutes, section 119A.21: 54.21 $945,000 ..... 2002 54.22 $945,000 ..... 2003 54.23 Any balance in the first year does not cancel but is 54.24 available in the second year. 54.25 Subd. 8. [CHILDREN'S TRUST FUND.] For children's trust 54.26 fund according to Minnesota Statutes, sections 119A.12 and 54.27 119A.13: 54.28 $875,000 ..... 2002 54.29 $875,000 ..... 2003 54.30 Any balance in the first year does not cancel but is 54.31 available in the second year. 54.32 Subd. 9. [FAMILY VISITATION CENTERS.] (a) For family 54.33 visitation centers according to Minnesota Statutes, section 54.34 119A.37: 54.35 $200,000 ..... 2002 54.36 $200,000 ..... 2003 55.1 Any balance in the first year does not cancel but is 55.2 available in the second year. 55.3 (b) An additional $96,000 in fiscal year 2002 and $96,000 55.4 in fiscal year 2003 are appropriated from the special revenue 55.5 fund under Minnesota Statutes, section 517.08, subdivision 1c, 55.6 for family visitation centers. Any balance in the first year 55.7 does not cancel but is available for the second year. 55.8 Subd. 10. [AFTER-SCHOOL ENRICHMENT GRANTS.] For 55.9 after-school enrichment grants according to Minnesota Statutes, 55.10 section 124D.221: 55.11 $3,010,000 ..... 2002 55.12 $3,010,000 ..... 2003 55.13 Any balance in the first year does not cancel but is 55.14 available in the second year. 55.15 Subd. 11. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 55.16 grants with funds received under Minnesota Statutes, section 55.17 171.29, subdivision 2, paragraph (b), clause (4): 55.18 $200,000 ..... 2002 55.19 $200,000 ..... 2003 55.20 (b) These appropriations are from the alcohol-impaired 55.21 driver account of the special revenue fund for chemical abuse 55.22 prevention grants. 55.23 (c) $25,000 in each year is for a grant to the city of St. 55.24 Louis Park for the Meadowbrook Collaborative Housing Project to 55.25 continue cooperative activities that support at-risk children 55.26 and youth programming and to provide advice to the after-school 55.27 substance abuse prevention program and other grantees that seek 55.28 to replicate the Meadowbrook Collaborative Housing Project 55.29 program model. 55.30 (d) $175,000 in each year is to establish an after-school 55.31 substance abuse prevention grant program to provide eligible 55.32 community and nonprofit organizations with grants of up to 55.33 $20,000 per year for after-school substance abuse prevention 55.34 programs. 55.35 Sec. 18. [REVISOR INSTRUCTION.] 55.36 In the next and subsequent editions of Minnesota Statutes 56.1 and Minnesota Rules, the revisor shall renumber Minnesota 56.2 Statutes, section 119A.13, subdivision 4, as Minnesota Statutes, 56.3 section 119A.12, subdivision 4, and make necessary 56.4 cross-reference changes consistent with the renumbering. 56.5 Sec. 19. [REPEALER.] 56.6 Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 56.7 2, and 3; 119A.14, subdivision 2; 119A.23; 124D.33; and 56.8 124D.331, are repealed. 56.9 ARTICLE 3 56.10 SELF-SUFFICIENCY AND LIFELONG LEARNING 56.11 Section 1. Minnesota Statutes 2000, section 124D.518, 56.12 subdivision 5, is amended to read: 56.13 Subd. 5. [UNREIMBURSED EXPENSES.] "Unreimbursed expenses" 56.14 means allowable adult basic education expenses of a program, in 56.15 the current program year, that are not covered by payments from 56.16 federal or private for-profit sources. 56.17 Sec. 2. Minnesota Statutes 2000, section 124D.52, 56.18 subdivision 2, is amended to read: 56.19 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 56.20 section, a district, a consortium of districts, the department 56.21 of corrections, or a private nonprofit organization must submit 56.22 an application by June 1 describing the program, on a form 56.23 provided by the department. The program must be approved by the 56.24 commissioner according to the following criteria: 56.25 (1) how the needs of different levels of learning will be 56.26 met; 56.27 (2) for continuing programs, an evaluation of results; 56.28 (3) anticipated number and education level of participants; 56.29 (4) coordination with other resources and services; 56.30 (5) participation in a consortium, if any, and money 56.31 available from other participants; 56.32 (6) management and program design; 56.33 (7) volunteer training and use of volunteers; 56.34 (8) staff development services; 56.35 (9) program sites and schedules; 56.36 (10) program expenditures that qualify for aid; 57.1 (11) program ability to provide data related to learner 57.2 outcomes as required by law; and 57.3 (12) a copy of the memorandum of understanding described in 57.4 subdivision 1 submitted to the commissioner. 57.5 (b) Adult basic education programs may be approved under 57.6 this subdivision for up to five years. Five-year program 57.7 approval must be granted to an applicant who has demonstrated 57.8 the capacity to: 57.9 (1) offer comprehensive learning opportunities and support 57.10 service choices appropriate for and accessible to adults at all 57.11 basic skill need levels; 57.12 (2) provide a participatory and experiential learning 57.13 approach based on the strengths, interests, and needs of each 57.14 adult, that enables adults with basic skill needs to: 57.15 (i) identify, plan for, and evaluate their own progress 57.16 toward achieving their defined educational and occupational 57.17 goals; 57.18 (ii) master the basic academic reading, writing, and 57.19 computational skills, as well as the problem-solving, decision 57.20 making, interpersonal effectiveness, and other life and learning 57.21 skills they need to function effectively in a changing society; 57.22 (iii) locate and be able to use the health, governmental, 57.23 and social services and resources they need to improve their own 57.24 and their families' lives; and 57.25 (iv) continue their education, if they desire, to at least 57.26 the level of secondary school completion, with the ability to 57.27 secure and benefit from continuing education that will enable 57.28 them to become more employable, productive, and responsible 57.29 citizens; 57.30 (3) plan, coordinate, and develop cooperative agreements 57.31 with community resources to address the needs that the adults 57.32 have for support services, such as transportation, flexible 57.33 course scheduling, convenient class locations, and child care; 57.34 (4) collaborate with business, industry, labor unions, and 57.35 employment-training agencies, as well as with family and 57.36 occupational education providers, to arrange for resources and 58.1 services through which adults can attain economic 58.2 self-sufficiency; 58.3 (5) provide sensitive and well trained adult education 58.4 personnel who participate in local, regional, and statewide 58.5 adult basic education staff development events to master 58.6 effective adult learning and teaching techniques; 58.7 (6) participate in regional adult basic education peer 58.8 program reviews and evaluations; 58.9 (7) submit accurate and timely performance and fiscal 58.10 reports; 58.11 (8) submit accurate and timely reports related to program 58.12 outcomes and learner follow-up information; and 58.13 (9) spend adult basic education aid on adult basic 58.14 education purposes only, which are specified in sections 58.15 124D.518 to 124D.531. 58.16 (c) The commissioner shall require each district to provide 58.17 notification by February 1, 2001, of its intent to apply for 58.18 funds under this section as a single district or as part of an 58.19 identified consortium of districts. A district receiving funds 58.20 under this section must notify the commissioner by February 1 of 58.21 its intent to change its application status for applications due 58.22 the following June 1. 58.23 Sec. 3. Minnesota Statutes 2000, section 124D.522, is 58.24 amended to read: 58.25 124D.522 [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 58.26 GRANTS.] 58.27 (a) The commissioner, in consultation with the policy 58.28 review task force under section 124D.521, may make grants to 58.29 nonprofit organizations to provide services that are not offered 58.30 by a district adult basic education program or that are 58.31 supplemental to either the statewide adult basic education 58.32 program, or a district's adult basic education program. The 58.33 commissioner may make grants for: staff development for adult 58.34 basic education teachers and administrators; training for 58.35 volunteer tutors; training, services, and materials for serving 58.36 disabled students through adult basic education programs; 59.1 statewide promotion of adult basic education services and 59.2 programs; development and dissemination of instructional and 59.3 administrative technology for adult basic education programs; 59.4 programs which primarily serve communities of color; adult basic 59.5 education distance learning projects, including television 59.6 instruction programs; and other supplemental services to support 59.7 the mission of adult basic education and innovative delivery of 59.8 adult basic education services. 59.9 (b) The commissioner must establish eligibility criteria 59.10 and grant application procedures. Grants under this section 59.11 must support services throughout the state, focus on educational 59.12 results for adult learners, and promote outcome-based 59.13 achievement through adult basic education programs. Beginning 59.14 in fiscal year 2002, the commissioner may make grants under this 59.15 section fromfunds specifically appropriatedthe state total 59.16 adult basic education aid set aside for supplemental service 59.17 grants under section 124D.531. Up toone-thirdone-fourth of 59.18 the appropriation for supplemental service grants must be used 59.19 for grants for adult basic education programs to encourage and 59.20 support innovations in adult basic education instruction and 59.21 service delivery. A grant to a single organization cannot 59.22 exceed $100,000. Nothing in this section prevents an approved 59.23 adult basic education program from using state or federal aid to 59.24 purchase supplemental services. 59.25 Sec. 4. Minnesota Statutes 2000, section 124D.531, 59.26 subdivision 1, is amended to read: 59.27 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] 59.28 (a) The state total adult basic education aid for fiscal year 59.29 2001 equals $30,157,000. The state total adult basic education 59.30 aid for later years equals: 59.31 (1) the state total adult basic education aid for the 59.32 preceding fiscal year; times 59.33 (2) the lesser of: 59.34 (i) 1.08, or 59.35 (ii) the greater of 1.00 or the ratio of the state total 59.36 contact hours in the first prior program year to the state total 60.1 contact hours in the second prior program year. Beginning in 60.2 fiscal year 2002, two percent of the state total adult basic 60.3 education aid must be set aside for adult basic education 60.4 supplemental service grants under section 124D.522. 60.5 (b) The state total adult basic education aid, excluding 60.6 basic population aid, equals the difference between the amount 60.7 computed in paragraph (a), and the state total basic population 60.8 aid under subdivision 2. 60.9 Sec. 5. Minnesota Statutes 2000, section 124D.531, 60.10 subdivision 3, is amended to read: 60.11 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs 60.12 established under section 124D.52 and approved by the 60.13 commissioner are eligible for revenue under this subdivision. 60.14 For fiscal year 2001 and later, adult basic education revenue 60.15 for each approved program equals the sum of: 60.16 (1) the basic population aid under subdivision 2 for 60.17 districts participating in the program during the current 60.18 program year; plus 60.19 (2) 84 percent times the amount computed in subdivision 1, 60.20 paragraph (b), times the ratio of the contact hours for students 60.21 participating in the program during the first prior program year 60.22 to the state total contact hours during the first prior program 60.23 year; plus 60.24 (3) eight percent times the amount computed in subdivision 60.25 1, paragraph (b), times the ratio of the enrollment of students 60.26 with limited English proficiency during the second prior school 60.27 year in districts participating in the program during the 60.28 current program year to the state total enrollment of students 60.29 with limited English proficiency during the second prior school 60.30 year in districts participating in adult basic education 60.31 programs during the current program year; plus 60.32 (4) eight percent times the amount computed in subdivision 60.33 1, paragraph (b), times the ratio of the latest federal census 60.34 count of the number of adults aged 20 or older with no diploma 60.35 residing in the districts participating in the program during 60.36 the current program year to the latest federal census count of 61.1 the state total number of adults aged 20 or older with no 61.2 diploma residing in the districts participating in adult basic 61.3 education programs during the current program year. 61.4 Sec. 6. Minnesota Statutes 2000, section 124D.531, 61.5 subdivision 7, is amended to read: 61.6 Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under 61.7 this section must maintain records that support the aid 61.8 payments. The commissioner may audit these records upon 61.9 request. The commissioner must establish procedures for 61.10 conducting fiscal audits of adult basic education programs 61.11 according to the schedule in this subdivision.In calendar year61.122002, the commissioner must audit one-half of approved adult61.13basic education programs that received aid for fiscal year 2001,61.14and in calendar year 2003, the commissioner must audit the61.15remaining unaudited programs for aid received in fiscal year61.162002.Beginning with fiscal year20042003, the commissioner 61.17 must, at a minimum, audit each adult basic education program 61.18 once every five years. The commissioner must establish 61.19 procedures to reconcile any discrepancies between aid payments 61.20 based on information reported to the commissioner and aid 61.21 estimates based on a program audit. 61.22 Sec. 7. [ADULT BASIC EDUCATION POLICY TASK FORCE.] 61.23 The adult basic education policy task force, under Laws 61.24 2000, chapter 489, article 1, section 42, must recommend to the 61.25 legislative finance committees with responsibility for adult 61.26 basic education an equitable funding formula for nondistrict 61.27 programs based on an evaluation of costs and revenues. The task 61.28 force must report to the legislature by February 1, 2002. 61.29 Sec. 8. [DIRECTION TO COMMISSIONER.] 61.30 The commissioner of children, families, and learning must 61.31 hire an additional permanent full-time staff person to oversee 61.32 the state adult basic education program. The duties of the 61.33 state adult basic education coordinator include, but are not 61.34 limited to: 61.35 (1) oversight of the supplemental service grants; 61.36 (2) oversight of the adult basic education program audits; 62.1 (3) coordination of the adult basic education policy task 62.2 force; 62.3 (4) working with adult basic education directors around the 62.4 state; and 62.5 (5) providing information to the legislative finance 62.6 committees that oversee the adult basic education program. 62.7 Sec. 9. [APPROPRIATIONS.] 62.8 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 62.9 LEARNING.] The sums indicated in this section are appropriated 62.10 from the general fund to the department of children, families, 62.11 and learning for the fiscal years designated. 62.12 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 62.13 Minnesota economic opportunity grants, sections 119A.374 to 62.14 119A.376: 62.15 $8,514,000 ..... 2002 62.16 $8,514,000 ..... 2003 62.17 Any balance in the first year does not cancel but is 62.18 available in the second year. 62.19 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 62.20 housing programs according to Minnesota Statutes, section 62.21 119A.43: 62.22 $1,988,000 ..... 2002 62.23 $1,988,000 ..... 2003 62.24 Any balance in the first year does not cancel but is 62.25 available in the second year. 62.26 Subd. 4. [EMERGENCY SERVICES.] For emergency services 62.27 according to Minnesota Statutes, section 119A.43: 62.28 $600,000 ..... 2002 62.29 $409,000 ..... 2003 62.30 Of this appropriation, $250,000 in fiscal year 2002 and 62.31 $59,000 in 2003 is one time funding to support emergency shelter 62.32 activities and is not to be added to the base for 2004 and 2005. 62.33 Any balance in the first year does not cancel but is 62.34 available in the second year. 62.35 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 62.36 education aid according to Minnesota Statutes, section 124D.531: 63.1 $32,150,000 ..... 2002 63.2 $34,732,000 ..... 2003 63.3 The 2002 appropriation includes $3,019,000 for 2001 and 63.4 $29,131,000 for 2002. 63.5 The 2003 appropriation includes $3,237,000 for 2002 and 63.6 $31,494,000 for 2003. 63.7 Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE 63.8 COORDINATOR.] 63.9 For adult basic education audits under Minnesota Statutes, 63.10 section 124D.531 and for a state adult basic education 63.11 coordinator: 63.12 $145,000 ..... 2002 63.13 $145,000 ..... 2003 63.14 Of this appropriation, $70,000 in each fiscal year must be 63.15 used for adult basic education audits and $75,000 must be used 63.16 to hire an additional permanent, full-time state adult basic 63.17 education coordinator. Any balance in the first year does not 63.18 cancel but is available in the second year. 63.19 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 63.20 according to Minnesota Statutes, section 124D.54: 63.21 $3,195,000 ..... 2002 63.22 $3,356,000 ..... 2003 63.23 The 2002 appropriation includes $305,000 for 2001 and 63.24 $2,890,000 for 2002. 63.25 The 2003 appropriation includes $321,000 for 2002 and 63.26 $3,035,000 for 2003. 63.27 Subd. 8. [GED TESTS.] For payment of 60 percent of the 63.28 costs of GED tests according to Laws 1993, chapter 224, article 63.29 4, section 44, subdivision 10: 63.30 $125,000 ..... 2002 63.31 $125,000 ..... 2003 63.32 Any balance in the first year does not cancel but is 63.33 available in the second year. 63.34 Subd. 9. [FOODSHELF PROGRAM.] For foodshelf programs 63.35 according to Minnesota Statutes, section 119A.44: 63.36 $1,278,000 ..... 2002 64.1 $1,278,000 ..... 2003 64.2 Any balance in the first year does not cancel but is 64.3 available in the second year. 64.4 Subd. 10. [FAMILY ASSETS FOR INDEPENDENCE.] 64.5 $500,000 ..... 2002 64.6 Any balance in the first year does not cancel but is 64.7 available in the second year. 64.8 Subd. 11. [LEAD ABATEMENT.] For lead abatement according 64.9 to Minnesota Statutes, section 119A.46: 64.10 $100,000 ..... 2002 64.11 $100,000 ..... 2003 64.12 Any balance in the first year does not cancel but is 64.13 available in the second year. 64.14 Sec. 10. [TANF APPROPRIATIONS.] 64.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 64.16 LEARNING.] The sums indicated in this section are appropriated 64.17 to the commissioner of children, families, and learning from the 64.18 federal Temporary Assistance for Needy Families block grant for 64.19 the fiscal years designated. These amounts are available for 64.20 expenditure until June 30, 2003. Appropriations under this 64.21 section are one-time appropriations and are not added to the 64.22 base for fiscal years 2004 and 2005. 64.23 Subd. 2. [INTENSIVE ENGLISH AS A SECOND LANGUAGE.] For 64.24 intensive English as a second language for eligible MFIP 64.25 participants under Laws 2000, chapter 489, article 1, section 39: 64.26 $1,100,000 ..... 2002 64.27 $1,100,000 ..... 2003 64.28 Subd. 3. [TRANSITIONAL HOUSING.] For reimbursement grants 64.29 to transitional housing programs under Minnesota Statutes, 64.30 section 119A.43: 64.31 $1,900,000 ..... 2002 64.32 $1,950,000 ..... 2003 64.33 These appropriations must be used for up to four months of 64.34 transitional housing for families with incomes below 200 percent 64.35 of the federal poverty guidelines. Payment must be made to 64.36 programs on a reimbursement basis. 65.1 Sec. 11. [REVISOR INSTRUCTION.] 65.2 In the next and subsequent editions of Minnesota Statutes 65.3 and Minnesota Rules, the revisor must replace all references to 65.4 the "Minnesota Foodshelf Association" with "Hunger Solutions." 65.5 ARTICLE 4 65.6 LIBRARIES 65.7 Section 1. Minnesota Statutes 2000, section 125B.20, 65.8 subdivision 1, is amended to read: 65.9 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of 65.10 developing a statewide school district telecommunications 65.11 network is to expand the availability of a broad range of 65.12 courses and degrees to students throughout the state, to share 65.13 information resources to improve access, quality, and 65.14 efficiency, to improve learning, and distance cooperative 65.15 learning opportunities, and to promote the exchange of ideas 65.16 among students, parents, teachers, media generalists, 65.17 librarians, and the public. In addition, through the 65.18 development of this statewide telecommunications network 65.19 emphasizing cost-effective, competitive connections, all 65.20 Minnesotans will benefit by enhancing access to 65.21 telecommunications technology throughout the state. Network 65.22 connections for school districts and public libraries are 65.23 coordinated and fully integrated into the existing state 65.24 telecommunications and interactive television networks to 65.25 achieve comprehensive and efficient interconnectivity of school 65.26 districts and libraries to higher education institutions, state 65.27 agencies, other governmental units, agencies, and institutions 65.28 throughout Minnesota. A school district may apply to the 65.29 commissioner for a grant under subdivision 2, and a regional65.30public library may apply under subdivision 3. The Minnesota 65.31 education telecommunications council established in Laws 1995, 65.32 First Special Session chapter 3, article 12, section 7, shall 65.33 establish priorities for awarding grants, making grant awards, 65.34 and being responsible for the coordination of networks. 65.35 Sec. 2. Minnesota Statutes 2000, section 134.31, 65.36 subdivision 5, is amended to read: 66.1 Subd. 5. [ADVISORY COMMITTEE.] The commissioner shall 66.2 appoint an advisory committee of five members to advise the 66.3 staff of the Minnesota library for the blind and physically 66.4 handicapped on long-range plans and library services. Members 66.5 shall be people who use the library. Section 15.059 governs 66.6 this committee except that the committee shall expire on June 66.7 30,20012005. 66.8 Sec. 3. [134.47] [REGIONAL LIBRARY TELECOMMUNICATIONS 66.9 AID.] 66.10 Subdivision 1. [ELIGIBILITY.] (a) A regional public 66.11 library system may apply for regional library telecommunications 66.12 aid. The aid must be used for data and video access costs and 66.13 other related costs to improve or maintain electronic access and 66.14 connect the library system with the state information 66.15 infrastructure administered by the department of administration 66.16 under section 16B.465. Priority shall be given to public 66.17 libraries that have not received access. To be eligible, a 66.18 regional public library system must be officially designated by 66.19 the commissioner of children, families, and learning as a 66.20 regional public library system as defined in section 134.34, 66.21 subdivision 3, and each of its participating cities and counties 66.22 must meet local support levels defined in section 134.34, 66.23 subdivision 1. A public library building that receives aid 66.24 under this section must be open a minimum of 20 hours per week. 66.25 (b) Aid received under this section may not be used to 66.26 substitute for any existing local funds allocated to provide 66.27 electronic access, equipment for library staff or the public, or 66.28 local funds dedicated to other library operations. 66.29 (c) An application for regional library telecommunications 66.30 aid must, at a minimum, contain information to document the 66.31 following: 66.32 (1) that the data line or video link relies on a transport 66.33 medium that operates at a minimum speed of 1.544 megabytes per 66.34 second for each regional public library system headquarters or a 66.35 minimum of 64 kilobits per second for each public library 66.36 building and employs an open network architecture that will 67.1 ensure interconnectivity and interoperability with school 67.2 districts, post-secondary education, or other governmental 67.3 agencies; 67.4 (2) that the connection is established through the most 67.5 cost-effective means and that the regional library has explored 67.6 and coordinated connections through school districts, 67.7 post-secondary education, or other governmental agencies; 67.8 (3) the regional library system has filed an e-rate 67.9 application; and 67.10 (4) other information, as determined by the commissioner of 67.11 children, families, and learning, to ensure that connections are 67.12 coordinated, efficient, and cost-effective; take advantage of 67.13 discounts; and meet applicable state standards. 67.14 The library system may include costs associated with 67.15 cooperative arrangements with post-secondary institutions, 67.16 school districts, and other governmental agencies. 67.17 Subd. 2. [AWARD OF FUNDS.] The commissioner of children, 67.18 families, and learning shall develop application and reporting 67.19 forms and procedures for regional library telecommunications 67.20 aid. Aid shall be based on actual costs of connections and 67.21 funds available for this purpose. The commissioner shall make 67.22 payments directly to the regional public library system. 67.23 Sec. 4. [APPROPRIATIONS.] 67.24 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 67.25 LEARNING.] The sums indicated in this section are appropriated 67.26 from the general fund to the department of children, families, 67.27 and learning for the fiscal years designated. 67.28 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants 67.29 according to Minnesota Statutes, sections 134.32 to 134.35: 67.30 $8,570,000 ..... 2002 67.31 $8,570,000 ..... 2003 67.32 The 2002 appropriation includes $857,000 for 2001 and 67.33 $7,713,000 for 2002. 67.34 The 2003 appropriation includes $857,000 for 2002 and 67.35 $7,713,000 for 2003. 67.36 Subd. 3. [STATE AGENCY LIBRARIES.] For maintaining and 68.1 upgrading the online computer-based library catalog system in 68.2 state agency libraries: 68.3 $120,000 ..... 2002 68.4 $120,000 ..... 2003 68.5 This is a one-time appropriation and is not to be added to 68.6 the base for 2004 and 2005. 68.7 This appropriation is in addition to funding provided in 68.8 the K-12 education finance omnibus bill for the administrative 68.9 budget of the department of children, families, and learning. 68.10 Any balance in the first year does not cancel but is 68.11 available in the second year. 68.12 Subd. 4. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 68.13 grants according to Minnesota Statutes, sections 134.353 and 68.14 134.354, to multicounty, multitype library systems: 68.15 $903,000 ..... 2002 68.16 $903,000 ..... 2003 68.17 The 2002 appropriation includes $90,000 for 2001 and 68.18 $813,000 for 2002. 68.19 The 2003 appropriation includes $90,000 for 2002 and 68.20 $813,000 for 2003. 68.21 Any balance in the first year does not cancel but is 68.22 available in the second year. 68.23 Subd. 5. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For 68.24 aid to regional public library systems under Minnesota Statutes, 68.25 section 134.47: 68.26 $2,000,000 ..... 2002 68.27 $2,000,000 ..... 2003 68.28 The general fund base for fiscal years 2004 and 2005 is 68.29 $2,000,000 in each year. 68.30 Any balance in the first year does not cancel but is 68.31 available in the second year. 68.32 Sec. 5. [REPEALER.] 68.33 (a) Minnesota Statutes 2000, section 125B.20, subdivision 68.34 3, is repealed. 68.35 (b) Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 68.36 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 69.1 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 69.2 3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 69.3 repealed.