SF 469

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:39am

A bill for an act
relating to human services; replacing certain state appropriations or transfers with
federal funds received for COVID-19; appropriating money for public health
support funds for child care providers; appropriating money for the basic sliding
fee program.

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

Section 1. new text begin FEDERAL FUNDS REPLACEMENT OF STATE APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension of statutory appropriation. new text end

new text begin The requirements for the use
of the appropriation in Minnesota Statutes, section 4.07, subdivision 3, do not apply to any
federal funds for COVID-19 received by the state of Minnesota between January 1, 2021,
and June 30, 2021, for which a state general fund appropriation or transfer in this act is an
eligible expenditure. Federal funding for COVID-19 to which this section applies shall not
be used for any other purpose.
new text end

new text begin Subd. 2. new text end

new text begin Cancellation. new text end

new text begin If the state of Minnesota receives federal funds for COVID-19
between January 1, 2021, and June 30, 2021, for which any state general fund appropriation
or transfer enacted in this act is an eligible expenditure, the commissioner of human services
must cancel the state general fund appropriation or transfer in this act in an amount up to,
but not greater than, the amount appropriated or transferred in this act. The commissioner
of human services may designate a portion of a state appropriation or transfer for cancellation
if the federal funds are not sufficient to replace the entire state general fund appropriation
or transfer.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation and transfer. new text end

new text begin Each amount canceled under subdivision 2 is
appropriated from the federal fund for the original purposes of the state general fund
appropriation or transfer in this act. These funds may be used for expenses retroactively
from January 1, 2021. Any appropriation and transfer under this subdivision is a onetime
appropriation or transfer.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section does not apply to federal funds after the state general
fund appropriations in this act have been canceled and federal funds have been appropriated
for the same purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin COVID-19 PUBLIC HEALTH SUPPORT FUNDS FOR CHILD CARE
PROGRAMS; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Public health support funds. new text end

new text begin The commissioner of human services shall
distribute COVID-19 public health support funds to eligible child care programs to support
higher costs to operate safely as defined by state and federal public health guidance, including
but not limited to efforts to create smaller and consistent child groupings; implement
screening procedures for infectious diseases such as COVID-19; implement quarantine
periods; maintain and improve cleaning and sanitation at program sites; provide staff with
additional sick leave and incentive pay; hire substitute teachers; provide additional support
to staff, children, and families for distance learning; and implement other public health
measures to prevent the transmission of COVID-19 and to protect the health and safety of
children, families, and staff.
new text end

new text begin Subd. 2. new text end

new text begin Eligible programs. new text end

new text begin (a) The following programs are eligible to receive public
health support funds under this section:
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new text begin (1) family and group family day care homes licensed under Minnesota Rules, chapter
9502;
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new text begin (2) child care centers licensed under Minnesota Rules, chapter 9503;
new text end

new text begin (3) certified, license-exempt child care centers under Minnesota Statutes, chapter 245H;
and
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new text begin (4) tribally licensed child care programs.
new text end

new text begin (b) For programs to be eligible to receive public health support funds under this section,
programs must not be:
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new text begin (1) the subject of a finding of fraud;
new text end

new text begin (2) prohibited from receiving public funds under Minnesota Statutes, section 245.095;
or
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new text begin (3) under revocation, suspension, temporary immediate suspension, or decertification,
regardless of whether the action is under appeal.
new text end

new text begin (c) Public health support funds under this section must be made available to all eligible
programs on a noncompetitive basis.
new text end

new text begin Subd. 3. new text end

new text begin Requirements to receive public health support funds. new text end

new text begin (a) To receive funds
under this section, an eligible program must have completed an application for October to
December COVID-19 public health support funds, attesting and agreeing in writing that
the program has been operating and serving children as of September 15, 2020. An applicant
program must further attest and agree in writing that the program intends to remain operating
and serving children through June 15, 2021. Exceptions to this operating requirement are:
new text end

new text begin (1) service disruptions that are necessary due to public health guidance to protect the
safety and health of children and child care programs issued by the Centers for Disease
Control and Prevention, the commissioner of health, the commissioner of human services,
or a local public health agency; and
new text end

new text begin (2) planned temporary closures for provider vacation and holidays for up to three weeks
over the duration of the funding months from January 1, 2020, to June 15, 2021, but not
sequentially.
new text end

new text begin Temporary closures of a program must be reported by the program to the Department of
Human Services using a form prescribed by the commissioner of human services. For
licensed and certified centers, only temporary closures of the entire program need to be
reported by the program to the Department of Human Services; classroom closures or other
operating adjustments do not need to be reported by the program to the Department of
Human Services.
new text end

new text begin (b) Providers who close permanently for any reason are subject to recovery of funds for
any period of time after program closure. Permanent closures must be reported by the
program to the Department of Human Services using a form prescribed by the commissioner
of human services.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if the commissioner of human services
determines that the temporary or permanent closure of one program is undertaken to ensure
the continued availability of services to children by another program, the commissioner
may issue the closed program's public health support funds to the program that has agreed
to accept the children previously cared for by the closed program regardless of whether all
the children choose to go to the remaining program and regardless of whether the remaining
program is already receiving public health support funds.
new text end

new text begin (d) To receive funds under this section, an eligible program must:
new text end

new text begin (1) continue to comply with all other requirements listed in the application for October
to December COVID-19 public health support funds; and
new text end

new text begin (2) prioritize use of these funds during the monthly award periods, and must use the
funds to cover costs incurred during the peacetime emergency declared by the governor
relating to COVID-19.
new text end

new text begin Subd. 4. new text end

new text begin Maximum payment to programs. new text end

new text begin (a) For each of January, February, March,
April, May, and June 2021:
new text end

new text begin (1) an eligible family child care program may receive up to $1,500 in monthly public
health support funds;
new text end

new text begin (2) an eligible licensed child care center may receive up to $10,000 in monthly public
health support funds; and
new text end

new text begin (3) an eligible certified, license-exempt child care center may receive up to $3,500 in
monthly public health support funds.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin (a) $159,600,000 in fiscal year 2021 is appropriated from the
general fund to the commissioner of human services for public health support funds under
this section. Of this amount, up to $142,000 is for the commissioner of human services to
administer the support funds in accordance with this section.
new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2021, or until 60 days
after the expiration of the peacetime emergency declared by the governor in an executive
order that relates to the infectious disease known as COVID-19, whichever occurs earlier.
Any unobligated or unexpended amounts cancel on June 30, 2021, or 60 days after the
expiration of the peacetime emergency declared by the governor in an executive order that
relates to the infectious disease known as COVID-19, whichever occurs earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER; BASIC SLIDING FEE PROGRAM;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (a) $9,980,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of human services for the basic sliding fee program
waiting list. This is a onetime appropriation. Notwithstanding Minnesota Statutes, section
119B.03, subdivisions 6, 6a, and 6b, money must be distributed proportionately based on
the average number of families as reported on the most recent 12 months of published
waiting lists, weighted by the average cost per family in each of those counties over the
same 12-month period.
new text end

new text begin (b) $1,521,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for the transition year extension expenditures under
subdivision 2. This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Temporary program changes. new text end

new text begin The following changes to the basic sliding fee
program are in effect through May 30, 2021:
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new text begin (1) a county may allow a family to maintain the family's spot on the basic sliding fee
waiting list if the family does not currently have a need for child care; and
new text end

new text begin (2) notwithstanding Minnesota Statutes, section 119B.03, subdivision 4, the funding
priority under the basic sliding fee program shall be as follows:
new text end

new text begin (i) first priority must be given to non-MFIP families who do not have a high school
diploma or commissioner of education-selected high school equivalency certification, or
who need remedial and basic skills courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined in Minnesota Statutes, section
119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
new text end

new text begin (A) child care needs of minor parents;
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new text begin (B) child care needs of parents under 21 years of age; and
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new text begin (C) child care needs of other parents within the priority group described in this clause;
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new text begin (ii) second priority must be given to families in which at least one parent is a veteran as
defined under Minnesota Statutes, section 197.447;
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new text begin (iii) third priority must be given to all eligible families who do not belong to any other
priority groups listed in this clause;
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new text begin (iv) fourth priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under Minnesota Statutes, section 119B.03,
subdivision 9; and
new text end

new text begin (v) fifth priority must be given to parents who have completed their MFIP or diversionary
work program transition year, or parents who are no longer receiving or eligible for
diversionary work program supports.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2021.
new text end