SF 1103

7th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children's services; establishing the 
  1.3             department of children, families, and learning; making 
  1.4             related changes; amending Minnesota Statutes 1994, 
  1.5             section 256F.13, subdivision 1; proposing coding for 
  1.6             new law as Minnesota Statutes, chapter 119A; repealing 
  1.7             Minnesota Statutes 1994, section 3.873. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [119A.01] [ABOLISHMENT; ESTABLISHMENT; PURPOSE; 
  1.10  AND GOALS.] 
  1.11     Subdivision 1.  [ABOLISHMENT.] The position of commissioner 
  1.12  of education and the department of education are abolished.  The 
  1.13  employees of the department of education are transferred to the 
  1.14  department of children, families, and learning under section 
  1.15  15.039, subdivision 7. 
  1.16     Subd. 2.  [ESTABLISHMENT.] The department of children, 
  1.17  families, and learning is established. 
  1.18     Subd. 3.  [PURPOSE.] The purpose in creating the department 
  1.19  is to increase the capacity of Minnesota communities to 
  1.20  measurably improve the well-being of children and families by: 
  1.21     (1) coordinating and integrating state funded and locally 
  1.22  administered family and children program; 
  1.23     (2) improving flexibility in the design, funding, and 
  1.24  delivery of programs affecting children and families; 
  1.25     (3) providing greater focus on strategies designed to 
  1.26  prevent problems affecting the well-being of children and 
  2.1   families; 
  2.2      (4) enhancing local decision-making, collaboration and the 
  2.3   development of new governance models; 
  2.4      (5) improving public accountability through the provision 
  2.5   of research, information, and the development of measurable 
  2.6   program outcomes; 
  2.7      (6) increasing the capacity of communities to respond to 
  2.8   the whole child by improving the ability of families to gain 
  2.9   access to services; 
  2.10     (7) encouraging all members of a community to nurture all 
  2.11  the children in the community; and 
  2.12     (8) supporting parents in their dual roles as breadwinners 
  2.13  and parents. 
  2.14     Subd. 4.  [GOALS.] The goals of the department are to: 
  2.15     (1) ensure that families provide a stable environment for 
  2.16  their children; 
  2.17     (2) ensure that children are physically, emotionally, and 
  2.18  intellectually healthy; 
  2.19     (3) ensure that communities are safe, friendly, and caring 
  2.20  environments in which to nurture children; 
  2.21     (4) promote the life-long learning of children from birth 
  2.22  to adulthood; 
  2.23     (5) ensure that Minnesotans excel in basic academic skills; 
  2.24     (6) ensure that Minnesotans have the advanced education and 
  2.25  training to make them competitive in the global economy; and 
  2.26     (7) ensure that children do not live in poverty. 
  2.27     Sec. 2.  [119A.02] [DEFINITIONS.] 
  2.28     Subdivision 1.  [APPLICATION.] The definitions in this 
  2.29  section apply to this chapter. 
  2.30     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.31  commissioner of children, families, and learning. 
  2.32     Subd. 3.  [DEPARTMENT.] "Department" means the department 
  2.33  of children, families, and learning. 
  2.34     Subd. 4.  [LOCAL GRANTEE.] "Local grantee" means a local 
  2.35  unit of government or an agency or organization that receives 
  2.36  funds under section 119A.04. 
  3.1      Sec. 3.  [119A.03] [COMMISSIONER.] 
  3.2      Subdivision 1.  [GENERAL.] The department is under the 
  3.3   administrative control of the commissioner.  The commissioner is 
  3.4   appointed by the governor with the advice and consent of the 
  3.5   senate.  The commissioner must possess broad knowledge and 
  3.6   experience in strengthening children and families.  The 
  3.7   commissioner has the general powers as provided in section 
  3.8   15.06, subdivision 6. 
  3.9      The commissioner's salary must be established according to 
  3.10  the procedure in section 15A.081, subdivision 1, in the same 
  3.11  range as that specified for the commissioner of finance. 
  3.12     Subd. 2.  [DUTIES OF THE COMMISSIONER.] The commissioner 
  3.13  shall:  
  3.14     (1) identify measurable outcomes by which programs 
  3.15  administered by the department will be evaluated at the state 
  3.16  and local level; 
  3.17     (2) develop linkages with other state departments to ensure 
  3.18  coordination and consistent state policies promoting healthy 
  3.19  development of children and families; 
  3.20     (3) prepare, in consultation with the children's cabinet, 
  3.21  the commission on children, youth, and their families, and 
  3.22  affected parties, prior to January 1, 1996, and prior to July 1 
  3.23  of each year thereafter, guidelines governing planning, 
  3.24  reporting, and other procedural requirements necessary to 
  3.25  administer this chapter; 
  3.26     (4) facilitate inclusive processes when designing or 
  3.27  implementing guidelines and strategies to achieve agency goals 
  3.28  for children and families listed in section 119A.01, subdivision 
  3.29  3; 
  3.30     (5) facilitate intergovernmental and public-private 
  3.31  partnership strategies necessary to implement this chapter; 
  3.32     (6) submit to the federal government, or provide assistance 
  3.33  to local governments and organizations in submitting, where 
  3.34  appropriate and feasible, requests for federal waivers or 
  3.35  recommendations for changes in federal law necessary to carry 
  3.36  out the purposes of this chapter; 
  4.1      (7) coordinate review of all plans and other documents 
  4.2   required under the guidelines provided for in clause (3); 
  4.3      (8) coordinate development of the management support system 
  4.4   components required for implementation of this chapter; 
  4.5      (9) review other programs serving children and families to 
  4.6   determine the feasibility for transfer to the department of 
  4.7   children, families, and learning or the feasibility of inclusion 
  4.8   in the funding consolidation process; and 
  4.9      (10) monitor local compliance with this chapter. 
  4.10     Sec. 4.  [119A.04] [TRANSFERS FROM OTHER AGENCIES.] 
  4.11     Subdivision 1.  [DEPARTMENT OF HEALTH.] The powers and 
  4.12  duties of the department of health with respect to the following 
  4.13  programs are transferred to the department of children, 
  4.14  families, and learning under section 15.039.  The programs 
  4.15  needing federal approval to transfer shall be transferred when 
  4.16  the federal government grants transfer authority to the 
  4.17  commissioner: 
  4.18     (1) the home visitor program under section 145A.15; 
  4.19     (2) the dental health program under section 144.697, 
  4.20  subdivision 1; 
  4.21     (3) the school health program under section 144.05; 
  4.22     (4) the special supplemental food program for women, 
  4.23  infants, and children under section 144.05 and the Child 
  4.24  Nutrition Act of 1966; 
  4.25     (5) the commodity supplemental food program for mothers and 
  4.26  children under section 144.05 and the Agriculture Appropriation 
  4.27  Act of 1966; and 
  4.28     (6) the maternal and child health program under sections 
  4.29  145.146, 145.88, 145.89, and title 5 of the Social Security Act. 
  4.30     Subd. 2.  [DEPARTMENT OF HUMAN SERVICES.] The powers and 
  4.31  duties of the department of human services with respect to the 
  4.32  following programs are transferred to the department of 
  4.33  children, families, and learning under section 15.039.  The 
  4.34  programs needing federal approval to transfer shall be 
  4.35  transferred when the federal government grants transfer 
  4.36  authority to the commissioner: 
  5.1      (1) children's trust fund under sections 257.80 to 257.807; 
  5.2      (2) the family services and community-based collaboratives 
  5.3   under section 121.8355; 
  5.4      (3) project empowerment under section 256.01; 
  5.5      (4) the child abuse basic grant under section 256.01; 
  5.6      (5) the children's justice program under section 256.01; 
  5.7      (6) the crisis nurseries and respite care programs under 
  5.8   sections 256F.11 and 256F.12; 
  5.9      (7) the safe house program under section 256E.115; 
  5.10     (8) the family safety center under section 256F.09; 
  5.11     (9) maternal and child health under section 254A.17, 
  5.12  subdivision 1; 
  5.13     (10) the early childhood care and education council under 
  5.14  section 256H.195; 
  5.15     (11) the child care programs under sections 256H.01 to 
  5.16  256H.19; 
  5.17     (12) the migrant child care program under section 256.01; 
  5.18     (13) the child care resource and referral program under 
  5.19  sections 256H.196 and 256H.20; 
  5.20     (14) the child care service development program under 
  5.21  sections 256H.21 to 256H.24; 
  5.22     (15) the family preservation and family preservation bonus 
  5.23  incentive programs under chapter 256F; 
  5.24     (16) the adoption assistance program under section 259.67; 
  5.25     (17) the child foster care program under chapter 257; 
  5.26     (18) the families first program under chapter 256F; 
  5.27     (19) the independent living program under section 256.01; 
  5.28     (20) the Asian youth and child welfare services program 
  5.29  under section 256.485; 
  5.30     (21) the foster care program for unaccompanied refugee 
  5.31  minors under section 256.01; 
  5.32     (22) the Asian youth intervention and prevention grants 
  5.33  program under section 256.486; 
  5.34     (23) the Asian coalition for youth program under section 
  5.35  256.486; 
  5.36     (24) the minority families first program under chapter 
  6.1   256F; 
  6.2      (25) children's mental health act under sections 245.487 to 
  6.3   245.490, children's mental health integrated fund under sections 
  6.4   245.491 to 245.697, and the children's mental health service 
  6.5   system under sections 245.70 to 245.771; and 
  6.6      (26) the Indian family preservation program under sections 
  6.7   257.35 to 257.3579.  
  6.8      Subd. 3.  [DEPARTMENT OF ECONOMIC SECURITY.] The powers and 
  6.9   duties of the department of economic security with respect to 
  6.10  the Head Start program, including Project Cornerstone, under 
  6.11  sections 268.912 to 268.916, are transferred to the department 
  6.12  of children, families, and learning under section 15.039 on July 
  6.13  1, 1997. 
  6.14     Subd. 4.  [OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.] 
  6.15  The powers and duties of the office of strategic and long-range 
  6.16  planning with respect to the following programs are transferred 
  6.17  to the department of children, families, and learning under 
  6.18  section 15.039.  The programs needing federal approval to 
  6.19  transfer shall be transferred when the federal government grants 
  6.20  transfer authority to the commissioner: 
  6.21     (1) the information redesign project under section 4A.01; 
  6.22     (2) the action for children activity under section 4A.01; 
  6.23     (3) the teen pregnancy prevention program under section 
  6.24  4A.01; and 
  6.25     (4) the Minnesota children's initiative project under 
  6.26  section 4A.01. 
  6.27     Subd. 5.  [DEPARTMENT OF CORRECTIONS.] The powers and 
  6.28  duties with respect to the following program is transferred to 
  6.29  the department of children, families, and learning under section 
  6.30  15.039:  child abuse and child victims services under chapter 
  6.31  611A. 
  6.32     Subd. 6.  [DEPARTMENT OF PUBLIC SAFETY.] The powers and 
  6.33  duties with respect to the following program is transferred to 
  6.34  the department of children, families, and learning under section 
  6.35  15.039:  drug policy and violence prevention and the community 
  6.36  advisory violence prevention councils under sections 299A.29 to 
  7.1   299A.37 and 299A.40. 
  7.2      Sec. 5.  [119A.05] [FUNDING CONSOLIDATION.] 
  7.3      Subdivision 1.  [AUTHORITY FOR FUNDING CONSOLIDATION.] 
  7.4   Notwithstanding existing law governing allocation of funds by 
  7.5   local grantees, mode of service delivery, specific population 
  7.6   and client groups to be served, grantee planning and reporting 
  7.7   requirements, and other procedural requirements for the grant 
  7.8   programs identified in this section, a local grantee may elect 
  7.9   to consolidate all or a portion of funding received from the 
  7.10  programs under subdivision 5 in a collaboration funding plan, if 
  7.11  all conditions specified in this section are satisfied.  County 
  7.12  boards, school boards, or governing boards of other grantees may 
  7.13  elect not to consolidate funding for a program.  
  7.14     For grantees electing consolidation, the commissioner may, 
  7.15  in consultation with the legislative commission on children, 
  7.16  youth and their families, waive all provisions of rules 
  7.17  inconsistent with the intent of this section.  This waiver 
  7.18  authority does not apply to rules governing client protections, 
  7.19  due process, or inclusion of clients, parents, cultures, and 
  7.20  ethnicities in decision making.  Funding to a local grantee must 
  7.21  be determined according to the funding formulas or allocation 
  7.22  rules governing the individual programs listed in section 
  7.23  119A.04.  
  7.24     Subd. 2.  [ACCOUNT.] A consolidated funding account is 
  7.25  established under the control of the commissioner of children, 
  7.26  families, and learning.  The purpose of this account is to 
  7.27  clearly identify and provide accountability for funds previously 
  7.28  distributed to local grantees through the individual categorical 
  7.29  grant programs in subdivision 5.  By direction of the 
  7.30  commissioner, after consultation with the partnership planning 
  7.31  team and, upon a finding that the conditions specified in this 
  7.32  section have been satisfied, funds must be transmitted to this 
  7.33  account and allocated to local grantees by the commissioner. 
  7.34     Subd. 3.  [ELIGIBILITY; ACCOUNTABILITY.] To be eligible to 
  7.35  receive funding for local consolidation, as provided for in this 
  7.36  section, a grantee must meet the following requirements:  
  8.1      (1) demonstrate participation by counties and schools in a 
  8.2   local collaborative process as defined in section 121.8355 or in 
  8.3   a similar process of collaboration with other local governments 
  8.4   and community organizations which satisfies the governance and 
  8.5   planning guidelines published by the commissioner as provided 
  8.6   for in this section; 
  8.7      (2) document consultation by counties and schools with 
  8.8   community action agencies and private industry councils; 
  8.9      (3) complete and document, according to guidelines 
  8.10  published by the commissioner, a collaborative planning process 
  8.11  which clearly identifies:  
  8.12     (i) allocation of resources in the collaboration annual 
  8.13  funding plan; 
  8.14     (ii) a description of the governance structure for the 
  8.15  execution of the funding plan; 
  8.16     (iii) outcomes consistent with the statewide goals 
  8.17  identified in this chapter and in statutes governing previous 
  8.18  categorical funding included in the collaboration funding plan; 
  8.19  and 
  8.20     (iv) indicators sufficient to measure improvement or 
  8.21  decline in specified outcomes compared to baseline performance; 
  8.22     (4) agree to periodically report information concerning 
  8.23  progress in addressing outcomes, as provided for in guidelines 
  8.24  to be published by the commissioner; and 
  8.25     (5) execute a written agreement between the commissioner 
  8.26  and the local grantees setting forth responsibilities, 
  8.27  obligations, and conditions consistent with this section.  The 
  8.28  agreement must state that the funds that are being locally 
  8.29  consolidated will be used collectively only to achieve the 
  8.30  objectives of the separate programs being locally consolidated.  
  8.31     Subd. 4.  [GEOGRAPHIC AREA.] The geographic area for a 
  8.32  local consolidated funding process must be an entire county, a 
  8.33  multicounty area, or, with the approval of the county board and 
  8.34  commissioner, a subcounty area.  The process may provide for 
  8.35  coordination of service delivery in jurisdictions that extend 
  8.36  across county boundaries. 
  9.1      Subd. 5.  [PROGRAMS INCLUDED.] Grant programs transferred 
  9.2   to the department of children, families, and learning in section 
  9.3   119A.04 and programs transferred from the abolished department 
  9.4   of education are eligible for local funding consolidation.  
  9.5   Eligibility of any federally funded programs for local funding 
  9.6   consolidation is conditioned upon obtaining necessary federal 
  9.7   waivers or changes in federal law. 
  9.8      Subd. 6.  [MULTIAGENCY PLAN.] Money appropriated for 
  9.9   learning readiness programs under section 121.821, early 
  9.10  childhood family education programs under section 121.882, and 
  9.11  Head Start programs, including Project Cornerstone, under 
  9.12  sections 268.912 to 268.916, shall not be expended until the 
  9.13  local school district or school districts and the Head Start 
  9.14  grantee agree to a plan for coordinating local services under 
  9.15  these programs. 
  9.16     Subd. 7.  [ENTRY INTO PROGRAM.] Grantees who meet all 
  9.17  requirements of this section may elect to begin using funding 
  9.18  for a local consolidated funding process beginning January 1, 
  9.19  1996, or at each six-month interval. 
  9.20     Subd. 8.  [SANCTIONS.] If the commissioner finds that a 
  9.21  grantee has failed to comply with this section, the grantee 
  9.22  becomes subject to all requirements of individual grant programs 
  9.23  as specified in statutes and rules. 
  9.24     Sec. 6.  Minnesota Statutes 1994, section 256F.13, 
  9.25  subdivision 1, is amended to read: 
  9.26     Subdivision 1.  [FEDERAL REVENUE ENHANCEMENT.] (a) [DUTIES 
  9.27  OF THE COMMISSIONER OF HUMAN SERVICES.] The commissioner of 
  9.28  human services may enter into an agreement with one or more 
  9.29  family services collaboratives to enhance federal reimbursement 
  9.30  under Title IV-E of the Social Security Act and federal 
  9.31  administrative reimbursement under Title XIX of the Social 
  9.32  Security Act.  The commissioner may contract with the department 
  9.33  of children, families, and learning for purposes of transferring 
  9.34  the federal reimbursement to the commissioner of children, 
  9.35  families, and learning to be distributed to the collaboratives 
  9.36  according to clause (2).  The commissioner shall have the 
 10.1   following authority and responsibilities regarding family 
 10.2   services collaboratives: 
 10.3      (1) the commissioner shall submit amendments to state plans 
 10.4   and seek waivers as necessary to implement the provisions of 
 10.5   this section; 
 10.6      (2) the commissioner shall pay the federal reimbursement 
 10.7   earned under this subdivision to each collaborative based on 
 10.8   their earnings.  Notwithstanding section 256.025, subdivision 2, 
 10.9   payments to collaboratives for expenditures under this 
 10.10  subdivision will only be made of federal earnings from services 
 10.11  provided by the collaborative; 
 10.12     (3) the commissioner shall review expenditures of family 
 10.13  services collaboratives using reports specified in the agreement 
 10.14  with the collaborative to ensure that the base level of 
 10.15  expenditures is continued and new federal reimbursement is used 
 10.16  to expand education, social, health, or health-related services 
 10.17  to young children and their families; 
 10.18     (4) the commissioner may reduce, suspend, or eliminate a 
 10.19  family services collaborative's obligations to continue the base 
 10.20  level of expenditures or expansion of services if the 
 10.21  commissioner determines that one or more of the following 
 10.22  conditions apply: 
 10.23     (i) imposition of levy limits that significantly reduce 
 10.24  available funds for social, health, or health-related services 
 10.25  to families and children; 
 10.26     (ii) reduction in the net tax capacity of the taxable 
 10.27  property eligible to be taxed by the lead county or 
 10.28  subcontractor that significantly reduces available funds for 
 10.29  education, social, health, or health-related services to 
 10.30  families and children; 
 10.31     (iii) reduction in the number of children under age 19 in 
 10.32  the county, collaborative service delivery area, subcontractor's 
 10.33  district, or catchment area when compared to the number in the 
 10.34  base year using the most recent data provided by the state 
 10.35  demographer's office; or 
 10.36     (iv) termination of the federal revenue earned under the 
 11.1   family services collaborative agreement; 
 11.2      (5) the commissioner shall not use the federal 
 11.3   reimbursement earned under this subdivision in determining the 
 11.4   allocation or distribution of other funds to counties or 
 11.5   collaboratives; 
 11.6      (6) the commissioner may suspend, reduce, or terminate the 
 11.7   federal reimbursement to a provider that does not meet the 
 11.8   reporting or other requirements of this subdivision; 
 11.9      (7) the commissioner shall recover from the family services 
 11.10  collaborative any federal fiscal disallowances or sanctions for 
 11.11  audit exceptions directly attributable to the family services 
 11.12  collaborative's actions in the integrated fund, or the 
 11.13  proportional share if federal fiscal disallowances or sanctions 
 11.14  are based on a statewide random sample; and 
 11.15     (8) the commissioner shall establish criteria for the 
 11.16  family services collaborative for the accounting and financial 
 11.17  management system that will support claims for federal 
 11.18  reimbursement. 
 11.19     (b)  [FAMILY SERVICES COLLABORATIVE RESPONSIBILITIES.] The 
 11.20  family services collaborative shall have the following authority 
 11.21  and responsibilities regarding federal revenue enhancement: 
 11.22     (1) the family services collaborative shall be the party 
 11.23  with which the commissioner contracts.  A lead county shall be 
 11.24  designated as the fiscal agency for reporting, claiming, and 
 11.25  receiving payments; 
 11.26     (2) the family services collaboratives may enter into 
 11.27  subcontracts with other counties, school districts, special 
 11.28  education cooperatives, municipalities, and other public and 
 11.29  nonprofit entities for purposes of identifying and claiming 
 11.30  eligible expenditures to enhance federal reimbursement, or to 
 11.31  expand education, social, health, or health-related services to 
 11.32  families and children; 
 11.33     (3) the family services collaborative must continue the 
 11.34  base level of expenditures for education, social, health, or 
 11.35  health-related services to families and children from any state, 
 11.36  county, federal, or other public or private funding source 
 12.1   which, in the absence of the new federal reimbursement earned 
 12.2   under this subdivision, would have been available for those 
 12.3   services, except as provided in subdivision 1, paragraph (a), 
 12.4   clause (4).  The base year for purposes of this subdivision 
 12.5   shall be the four-quarter calendar year ending at least two 
 12.6   calendar quarters before the first calendar quarter in which the 
 12.7   new federal reimbursement is earned; 
 12.8      (4) the family services collaborative must use all new 
 12.9   federal reimbursement resulting from federal revenue enhancement 
 12.10  to expand expenditures for education, social, health, or 
 12.11  health-related services to families and children beyond the base 
 12.12  level, except as provided in subdivision 1, paragraph (a), 
 12.13  clause (4); 
 12.14     (5) the family services collaborative must ensure that 
 12.15  expenditures submitted for federal reimbursement are not made 
 12.16  from federal funds or funds used to match other federal funds.  
 12.17  Notwithstanding section 256B.19, subdivision 1, for the purposes 
 12.18  of family services collaborative expenditures under agreement 
 12.19  with the department, the nonfederal share of costs shall be 
 12.20  provided by the family services collaborative from sources other 
 12.21  than federal funds or funds used to match other federal funds; 
 12.22     (6) the family services collaborative must develop and 
 12.23  maintain an accounting and financial management system adequate 
 12.24  to support all claims for federal reimbursement, including a 
 12.25  clear audit trail and any provisions specified in the agreement; 
 12.26  and 
 12.27     (7) the family services collaborative shall submit an 
 12.28  annual report to the commissioner as specified in the agreement. 
 12.29     Sec. 7.  [PARTNERSHIP PLANNING TEAM AND FAMILY ADVISORY 
 12.30  GROUP.] 
 12.31     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 12.32  children, families, and learning shall select not more than 15 
 12.33  persons knowledgeable about serving children and families to 
 12.34  serve on the partnership planning team. 
 12.35     At least eight members must be parents and must represent a 
 12.36  broad cross-section of income groups, racial and ethnic groups, 
 13.1   and ages of children.  The partnership planning team must 
 13.2   include representatives from community-based organizations 
 13.3   serving primarily communities of color, county boards, school 
 13.4   boards, community action agencies, private industry councils, 
 13.5   and other community-based organizations. 
 13.6      Subd. 2.  [DUTIES.] The team shall advise the commissioner 
 13.7   in the following areas: 
 13.8      (1) structure of the department; 
 13.9      (2) appropriate department advisory board structure; 
 13.10     (3) the appropriateness of specific applications for 
 13.11  funding consolidation and the consistency of those applications 
 13.12  with the purposes of chapter 119A; 
 13.13     (4) potential funding reductions; and 
 13.14     (5) technical refinements to the legislation establishing 
 13.15  the new department and funding consolidation. 
 13.16     Subd. 3.  [REPORT.] The team must also provide a report to 
 13.17  the 1996 legislature that describes the new department 
 13.18  structure, provides a summary of the ways in which the 
 13.19  department is fulfilling the purposes and achieving the goals 
 13.20  specified in Minnesota Statutes, section 119A.01, and provides a 
 13.21  recommendation for technical refinements related to the 
 13.22  legislation creating the department. 
 13.23     Sec. 8.  [DEMONSTRATION PROJECT; ALLOWING CONSOLIDATION OF 
 13.24  COUNTY PLANS.] 
 13.25     Subdivision 1.  [AUTHORIZATION FOR DEMONSTRATION PROJECT.] 
 13.26  The commissioners of human services; corrections; health; and 
 13.27  children, families, and learning shall allow counties to 
 13.28  consolidate the plans required under Minnesota Statutes, 
 13.29  chapters 145A, 256E, and 401, into one plan, to be submitted to 
 13.30  those commissioners. 
 13.31     Subd. 2.  [DUTIES OF COMMISSIONERS.] The several 
 13.32  commissioners shall work together and shall work with the 
 13.33  counties participating in the pilot project when developing the 
 13.34  single county plan.  Each commissioner shall also provide 
 13.35  technical assistance to the county, if requested by the county. 
 13.36     Subd. 3.  [INTEGRATED COUNTY PLANNING.] The counties 
 14.1   participating in the pilot project may submit one plan 
 14.2   consolidating the community health, community social services, 
 14.3   and community corrections plans required under Minnesota 
 14.4   Statutes, chapters 145A, 256E, and 401, respectively.  County 
 14.5   boards, corrections advisory boards, community health boards, 
 14.6   community action agencies, private industry councils, and school 
 14.7   districts shall collaborate in planning for and providing a 
 14.8   continuum of services in each county. 
 14.9      Subd. 4.  [COUNTY PLAN.] The plan must comply with federal 
 14.10  requirements.  The plan may be submitted to the commissioners by 
 14.11  computer.  The plan must be a three-part plan in that it must 
 14.12  provide a summary of: 
 14.13     (1) intra-county collaboration; 
 14.14     (2) collaboration with other service providers; and 
 14.15     (3) collaboration with local nonprofit organizations, 
 14.16  including churches and ecumenical organizations. 
 14.17     The two parts of the plan shall each provide information on 
 14.18  the existence or nonexistence of efforts to integrate funding, 
 14.19  collaborate governance, cross-train, coordinate information 
 14.20  gathering and management, and provide a one-stop service center 
 14.21  or community-based service delivery system to improve the 
 14.22  provision of services offered to children and families.  The 
 14.23  plan must also address the barriers to collaboration. 
 14.24     Subd. 5.  [COMMISSIONERS' REPORT.] For purposes of this 
 14.25  section, the several commissioners shall provide one 
 14.26  consolidated report to the legislature by January 1, 1996.  The 
 14.27  report shall evaluate the pilot counties' single plan and shall 
 14.28  provide the advantages and problems with consolidating the plans.
 14.29     Sec. 9.  [REPORT ON STRUCTURE OF AGENCIES.] 
 14.30     The commissioner of administration in separate consultation 
 14.31  with the commissioners of the departments of human services, 
 14.32  health, corrections, public safety, housing finance, and the 
 14.33  office of strategic and long-range planning shall prepare a 
 14.34  report by February 15, 1996, examining the organization of 
 14.35  programs remaining in those departments after transfer of the 
 14.36  programs identified in this bill, and identifying alternative 
 15.1   organizational structures that may be more effective and 
 15.2   efficient than the organization prior to the transfer. 
 15.3      Sec. 10.  [WORKER PROVISIONS.] 
 15.4      Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
 15.5   finds that the reorganization of state agencies, including the 
 15.6   abolishment of agencies or their functions and the merger of 
 15.7   agency functions to the extent possible, makes the best use of 
 15.8   affected agency employees and improves the direct service 
 15.9   capabilities of state employees to provide public services to 
 15.10  citizens of the state and to customers of the agency.  To assure 
 15.11  that quality services are delivered to citizens of Minnesota, 
 15.12  appointing authorities shall comply with this section. 
 15.13     Subd. 2.  [RESTRUCTURING PROVISIONS.] The restructuring of 
 15.14  agencies required by this act must be conducted in accordance 
 15.15  with Minnesota Statutes, sections 15.039 and 43A.045. 
 15.16     Subd. 3.  [WORKER PARTICIPATION COMMITTEES.] (a) After the 
 15.17  commissioner-designate of children, families, and learning has 
 15.18  been appointed, before the restructuring of executive branch 
 15.19  agencies under this act, a labor and management committee 
 15.20  including representatives of employees and employers must be 
 15.21  established and given adequate time to perform the activities 
 15.22  prescribed by paragraph (b).  Each exclusive representative of 
 15.23  employees shall select a committee member from each of its 
 15.24  bargaining units in each affected agency.  The head of each 
 15.25  agency shall select an employee member from each unit of 
 15.26  employees not represented by an exclusive representative.  The 
 15.27  agency head shall also appoint one or more committee members to 
 15.28  represent the agency.  The number of members appointed by the 
 15.29  agency head, however, may not exceed the total number of members 
 15.30  selected by exclusive representatives.  The labor and management 
 15.31  committee must be participatory and nonauthoritarian.  Exclusive 
 15.32  representatives must be directly involved in the work of the 
 15.33  committee. 
 15.34     (b) The committee established under paragraph (a) shall: 
 15.35     (1) in cooperation with the commissioner of education and 
 15.36  the commissioner-designate, review and reevaluate the powers and 
 16.1   duties of the department of education and identify those that 
 16.2   are consistent with the purpose and goals of the department of 
 16.3   children, families, and learning; 
 16.4      (2) identify tasks related to agency reorganization and 
 16.5   adopt plans for addressing those tasks; 
 16.6      (3) identify other employer and employee issues related to 
 16.7   reorganization and adopt plans for addressing those issues; 
 16.8      (4) adopt plans for implementing this act, including 
 16.9   detailed plans for providing retraining for affected employees; 
 16.10  and 
 16.11     (5) guide the implementation of the reorganization. 
 16.12     Subd. 4.  [EMPLOYEE JOB SECURITY.] The head of an agency 
 16.13  that is scheduled to be restructured shall meet and negotiate 
 16.14  with the exclusive representatives of affected employees of the 
 16.15  agency in the event that employees are at risk of being laid off 
 16.16  due to restructuring or significant change in the activities of 
 16.17  the agency.  Bargaining under this subdivision must have as its 
 16.18  purpose the achievement of the highest possible degree of public 
 16.19  service delivery to the citizens of Minnesota and the provision 
 16.20  of appropriate incentives to state employees.  Incentives may 
 16.21  include, but are not limited to, early retirement incentives, 
 16.22  negotiated options in place of layoff, methods to mitigate 
 16.23  layoffs and the effect of layoffs, job training and retraining 
 16.24  opportunities, and enhanced severance. 
 16.25     Subd. 5.  [EMPLOYEE TRAINING AND RETRAINING.] The 
 16.26  legislature recognizes that a well-trained and well-educated 
 16.27  work force is needed to provide effective and efficient public 
 16.28  service delivery and that training and retraining of state 
 16.29  employees is a priority when merger and reorganization of state 
 16.30  agencies occur.  The labor and management committee required by 
 16.31  subdivision 2 shall determine the employee training and 
 16.32  retraining required because of agency reorganization.  Employees 
 16.33  whose job duties are affected by reorganization must be given 
 16.34  the opportunity to take part in training or retraining for the 
 16.35  new job duties.  Existing employees must be trained or retrained 
 16.36  for agency positions before new hiring takes place. 
 17.1      Sec. 11.  [APPOINTMENT; TRANSFERS OF EDUCATION FUNCTIONS.] 
 17.2      By July 1, 1995, the governor shall appoint a 
 17.3   commissioner-designate of the department of children, families, 
 17.4   and learning.  The person appointed becomes the governor's 
 17.5   appointee as commissioner on the effective date of Minnesota 
 17.6   Statutes, sections 119A.01, subdivision 2, and 119A.03.  The 
 17.7   commissioner-designee, in cooperation with the commissioner of 
 17.8   education, shall review and reevaluate the powers and duties of 
 17.9   the department of education and identify those that are 
 17.10  consistent with the purpose and goals of the department of 
 17.11  children, families, and learning.  The functions identified by 
 17.12  the commissioner-designate are transferred to the department of 
 17.13  children, families, and learning under Minnesota Statutes, 
 17.14  section 15.039, effective October 1, 1995. 
 17.15     Sec. 12.  [REPORT ON INTEGRATION WITH OTHER INCOME 
 17.16  MAINTENANCE AND ECONOMIC SECURITY PROGRAMS.] 
 17.17     The children's cabinet and the legislative commission on 
 17.18  children, youth, and families shall prepare a report by November 
 17.19  15, 1996, examining the integration of programs in the 
 17.20  department of children, families, and learning with income 
 17.21  maintenance and economic security programs operated by other 
 17.22  departments.  The report shall make recommendations on the 
 17.23  appropriate agency placement of the income maintenance and 
 17.24  economic security programs reviewed. 
 17.25     Sec. 13.  [REVISOR INSTRUCTION.] 
 17.26     The revisor of statutes shall identify in Minnesota 
 17.27  Statutes and Minnesota Rules all references to the commissioner 
 17.28  of education and the department of education and shall make the 
 17.29  following terminology changes: 
 17.30     (1) all references to the commissioner of education shall 
 17.31  be changed to the commissioner of children, families, and 
 17.32  learning; 
 17.33     (2) all references to the department of education shall be 
 17.34  changed to the department of children, families, and learning; 
 17.35     (3) all references involving the commissioner of education 
 17.36  shall be rewritten to give all relevant responsibilities or 
 18.1   authorities to the commissioner of children, families, and 
 18.2   learning; and 
 18.3      (4) all references to the programs being transferred to the 
 18.4   department of children, families, and learning to reflect that 
 18.5   those programs are under the jurisdiction of the commissioner of 
 18.6   children, families, and learning. 
 18.7      The revisor shall prepare a report for the 1996 legislature 
 18.8   showing where these changes were made. 
 18.9      The changes identified by the revisor shall be made 
 18.10  effective October 1, 1995, pursuant to the effective date in 
 18.11  section 15. 
 18.12     Sec. 14.  [REPEALER.] 
 18.13     Minnesota Statutes 1994, section 3.873, is repealed 
 18.14  effective June 30, 1997. 
 18.15     Sec. 15.  [EFFECTIVE DATE.] 
 18.16     Section 1, subdivision 1 (Abolishment), is effective 
 18.17  September 30, 1995.  Section 1, subdivisions 2 (Establishment) 
 18.18  and 3 (Purpose), and sections 2 (Definitions), 3 (Commissioner), 
 18.19  5 (Funding Consolidation), 7 (Partnership Team), and 13 (Revisor 
 18.20  Instruction), are effective October 1, 1995.  Section 4 
 18.21  (Transfers) is effective July 1, 1996.  Sections 8 
 18.22  (Demonstration Project) and 10 (Worker Provisions) are effective 
 18.23  July 1, 1995.  Section 11 (Appointment; Transfers of Education 
 18.24  Functions) is effective the day following final enactment.