SF 1621

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; family and early childhood 
  1.3             education; providing for children and family support 
  1.4             programs, community and systems change, prevention and 
  1.5             intervention, and self-sufficiency and lifelong 
  1.6             learning; appropriating money; amending Minnesota 
  1.7             Statutes 1998, sections 13.46, subdivision 2; 16B.405, 
  1.8             subdivision 2; 119B.01, subdivisions 2, 10, 12, 13, 
  1.9             15, 16, and 17; 119B.02, subdivision 1, and by adding 
  1.10            a subdivision; 119B.03, subdivisions 3, 4, and 9; 
  1.11            119B.04, subdivision 1; 119B.05, subdivision 1; 
  1.12            119B.061; 119B.07; 119B.08, subdivision 3; 119B.09, 
  1.13            subdivisions 1, 3, 5, and 7; 119B.10, subdivision 1; 
  1.14            119B.12, subdivision 2; 119B.13; 119B.14; 119B.15; 
  1.15            121.8355, by adding a subdivision; 124D.19, 
  1.16            subdivision 11; 124D.22; 124D.53, subdivision 3; 
  1.17            124D.54, subdivision 1; and 466.01, subdivision 1; 
  1.18            repealing Minnesota Statutes 1998, sections 119A.46; 
  1.19            119B.01, subdivision 12a; 119B.03, subdivision 7; 
  1.20            119B.05, subdivision 6; 119B.075; 119B.17; 124D.14; 
  1.21            and 124D.22.  
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23                             ARTICLE 1 
  1.24                CHILDREN AND FAMILY SUPPORT PROGRAMS 
  1.25     Section 1.  Minnesota Statutes 1998, section 13.46, 
  1.26  subdivision 2, is amended to read: 
  1.27     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.28  a statute specifically provides a different classification, data 
  1.29  on individuals collected, maintained, used, or disseminated by 
  1.30  the welfare system is private data on individuals, and shall not 
  1.31  be disclosed except:  
  1.32     (1) according to section 13.05; 
  1.33     (2) according to court order; 
  2.1      (3) according to a statute specifically authorizing access 
  2.2   to the private data; 
  2.3      (4) to an agent of the welfare system, including a law 
  2.4   enforcement person, attorney, or investigator acting for it in 
  2.5   the investigation or prosecution of a criminal or civil 
  2.6   proceeding relating to the administration of a program; 
  2.7      (5) to personnel of the welfare system who require the data 
  2.8   to determine eligibility, amount of assistance, and the need to 
  2.9   provide services of additional programs to the individual; 
  2.10     (6) to administer federal funds or programs; 
  2.11     (7) between personnel of the welfare system working in the 
  2.12  same program; 
  2.13     (8) the amounts of cash public assistance and relief paid 
  2.14  to welfare recipients in this state, including their names, 
  2.15  social security numbers, income, addresses, and other data as 
  2.16  required, upon request by the department of revenue to 
  2.17  administer the property tax refund law, supplemental housing 
  2.18  allowance, early refund of refundable tax credits, and the 
  2.19  income tax.  "Refundable tax credits" means the dependent care 
  2.20  credit under section 290.067, the Minnesota working family 
  2.21  credit under section 290.0671, the property tax refund under 
  2.22  section 290A.04, and, if the required federal waiver or waivers 
  2.23  are granted, the federal earned income tax credit under section 
  2.24  32 of the Internal Revenue Code; 
  2.25     (9) between the department of human services, department of 
  2.26  children, families, and learning, and the Minnesota department 
  2.27  of economic security for the purpose of monitoring the 
  2.28  eligibility of the data subject for reemployment insurance, for 
  2.29  any employment or training program administered, supervised, or 
  2.30  certified by that agency, for the purpose of administering any 
  2.31  rehabilitation program or child care assistance program, whether 
  2.32  alone or in conjunction with the welfare system, or to monitor 
  2.33  and evaluate the statewide Minnesota family investment program 
  2.34  by exchanging data on recipients and former recipients of food 
  2.35  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
  2.36  child care assistance under chapter 119B, or medical programs 
  3.1   under chapter 256B, 256D, or 256L; 
  3.2      (10) to appropriate parties in connection with an emergency 
  3.3   if knowledge of the information is necessary to protect the 
  3.4   health or safety of the individual or other individuals or 
  3.5   persons; 
  3.6      (11) data maintained by residential programs as defined in 
  3.7   section 245A.02 may be disclosed to the protection and advocacy 
  3.8   system established in this state according to Part C of Public 
  3.9   Law Number 98-527 to protect the legal and human rights of 
  3.10  persons with mental retardation or other related conditions who 
  3.11  live in residential facilities for these persons if the 
  3.12  protection and advocacy system receives a complaint by or on 
  3.13  behalf of that person and the person does not have a legal 
  3.14  guardian or the state or a designee of the state is the legal 
  3.15  guardian of the person; 
  3.16     (12) to the county medical examiner or the county coroner 
  3.17  for identifying or locating relatives or friends of a deceased 
  3.18  person; 
  3.19     (13) data on a child support obligor who makes payments to 
  3.20  the public agency may be disclosed to the higher education 
  3.21  services office to the extent necessary to determine eligibility 
  3.22  under section 136A.121, subdivision 2, clause (5); 
  3.23     (14) participant social security numbers and names 
  3.24  collected by the telephone assistance program may be disclosed 
  3.25  to the department of revenue to conduct an electronic data match 
  3.26  with the property tax refund database to determine eligibility 
  3.27  under section 237.70, subdivision 4a; 
  3.28     (15) the current address of a recipient of aid to families 
  3.29  with dependent children or Minnesota family investment 
  3.30  program-statewide may be disclosed to law enforcement officers 
  3.31  who provide the name of the recipient and notify the agency that:
  3.32     (i) the recipient: 
  3.33     (A) is a fugitive felon fleeing to avoid prosecution, or 
  3.34  custody or confinement after conviction, for a crime or attempt 
  3.35  to commit a crime that is a felony under the laws of the 
  3.36  jurisdiction from which the individual is fleeing; or 
  4.1      (B) is violating a condition of probation or parole imposed 
  4.2   under state or federal law; 
  4.3      (ii) the location or apprehension of the felon is within 
  4.4   the law enforcement officer's official duties; and 
  4.5      (iii)  the request is made in writing and in the proper 
  4.6   exercise of those duties; 
  4.7      (16) the current address of a recipient of general 
  4.8   assistance or general assistance medical care may be disclosed 
  4.9   to probation officers and corrections agents who are supervising 
  4.10  the recipient and to law enforcement officers who are 
  4.11  investigating the recipient in connection with a felony level 
  4.12  offense; 
  4.13     (17) information obtained from food stamp applicant or 
  4.14  recipient households may be disclosed to local, state, or 
  4.15  federal law enforcement officials, upon their written request, 
  4.16  for the purpose of investigating an alleged violation of the 
  4.17  Food Stamp Act, according to Code of Federal Regulations, title 
  4.18  7, section 272.1(c); 
  4.19     (18) the address, social security number, and, if 
  4.20  available, photograph of any member of a household receiving 
  4.21  food stamps shall be made available, on request, to a local, 
  4.22  state, or federal law enforcement officer if the officer 
  4.23  furnishes the agency with the name of the member and notifies 
  4.24  the agency that:  
  4.25     (i) the member: 
  4.26     (A) is fleeing to avoid prosecution, or custody or 
  4.27  confinement after conviction, for a crime or attempt to commit a 
  4.28  crime that is a felony in the jurisdiction the member is 
  4.29  fleeing; 
  4.30     (B) is violating a condition of probation or parole imposed 
  4.31  under state or federal law; or 
  4.32     (C) has information that is necessary for the officer to 
  4.33  conduct an official duty related to conduct described in subitem 
  4.34  (A) or (B); 
  4.35     (ii) locating or apprehending the member is within the 
  4.36  officer's official duties; and 
  5.1      (iii) the request is made in writing and in the proper 
  5.2   exercise of the officer's official duty; 
  5.3      (19) certain information regarding child support obligors 
  5.4   who are in arrears may be made public according to section 
  5.5   518.575; 
  5.6      (20) data on child support payments made by a child support 
  5.7   obligor and data on the distribution of those payments excluding 
  5.8   identifying information on obligees may be disclosed to all 
  5.9   obligees to whom the obligor owes support, and data on the 
  5.10  enforcement actions undertaken by the public authority, the 
  5.11  status of those actions, and data on the income of the obligor 
  5.12  or obligee may be disclosed to the other party; 
  5.13     (21) data in the work reporting system may be disclosed 
  5.14  under section 256.998, subdivision 7; 
  5.15     (22) to the department of children, families, and learning 
  5.16  for the purpose of matching department of children, families, 
  5.17  and learning student data with public assistance data to 
  5.18  determine students eligible for free and reduced price meals, 
  5.19  meal supplements, and free milk according to United States Code, 
  5.20  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.21  produce accurate numbers of students receiving aid to families 
  5.22  with dependent children or Minnesota family investment 
  5.23  program-statewide as required by section 126C.06; to allocate 
  5.24  federal and state funds that are distributed based on income of 
  5.25  the student's family; and to verify receipt of energy assistance 
  5.26  for the telephone assistance plan; 
  5.27     (23) the current address and telephone number of program 
  5.28  recipients and emergency contacts may be released to the 
  5.29  commissioner of health or a local board of health as defined in 
  5.30  section 145A.02, subdivision 2, when the commissioner or local 
  5.31  board of health has reason to believe that a program recipient 
  5.32  is a disease case, carrier, suspect case, or at risk of illness, 
  5.33  and the data are necessary to locate the person; 
  5.34     (24) to other state agencies, statewide systems, and 
  5.35  political subdivisions of this state, including the attorney 
  5.36  general, and agencies of other states, interstate information 
  6.1   networks, federal agencies, and other entities as required by 
  6.2   federal regulation or law for the administration of the child 
  6.3   support enforcement program; 
  6.4      (25) to personnel of public assistance programs as defined 
  6.5   in section 256.741, for access to the child support system 
  6.6   database for the purpose of administration, including monitoring 
  6.7   and evaluation of those public assistance programs; or 
  6.8      (26) to monitor and evaluate the statewide Minnesota family 
  6.9   investment program by exchanging data between the departments of 
  6.10  human services and children, families, and learning, on 
  6.11  recipients and former recipients of food stamps, cash assistance 
  6.12  under chapter 256, 256D, 256J, or 256K, child care assistance 
  6.13  under chapter 119B, or medical programs under chapter 256B, 
  6.14  256D, or 256L.  
  6.15     (b) Information on persons who have been treated for drug 
  6.16  or alcohol abuse may only be disclosed according to the 
  6.17  requirements of Code of Federal Regulations, title 42, sections 
  6.18  2.1 to 2.67. 
  6.19     (c) Data provided to law enforcement agencies under 
  6.20  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  6.21  (b), are investigative data and are confidential or protected 
  6.22  nonpublic while the investigation is active.  The data are 
  6.23  private after the investigation becomes inactive under section 
  6.24  13.82, subdivision 5, paragraph (a) or (b). 
  6.25     (d) Mental health data shall be treated as provided in 
  6.26  subdivisions 7, 8, and 9, but is not subject to the access 
  6.27  provisions of subdivision 10, paragraph (b). 
  6.28     Sec. 2.  Minnesota Statutes 1998, section 119B.01, 
  6.29  subdivision 2, is amended to read: 
  6.30     Subd. 2.  [APPLICANT.] "Child care fund applicants" means 
  6.31  all parents, stepparents, legal guardians, or eligible 
  6.32  relative caretakers caregivers who reside in the household 
  6.33  family that applies for child care assistance under the child 
  6.34  care fund. 
  6.35     Sec. 3.  Minnesota Statutes 1998, section 119B.01, 
  6.36  subdivision 10, is amended to read: 
  7.1      Subd. 10.  [FAMILY.] "Family" means parents, stepparents, 
  7.2   guardians and their spouses, or other eligible 
  7.3   relative caretakers caregivers and their spouses, and their 
  7.4   blood related dependent children and adoptive siblings under the 
  7.5   age of 18 years living in the same home including children 
  7.6   temporarily absent from the household in settings such as 
  7.7   schools, foster care, and residential treatment facilities or 
  7.8   parents, stepparents, guardians and their spouses, or other 
  7.9   relative caregivers and their spouses temporarily absent from 
  7.10  the household in settings such as schools, military service, or 
  7.11  rehabilitation programs.  When a minor parent or parents and 
  7.12  his, her, or their child or children are living with other 
  7.13  relatives, and the minor parent or parents apply for a child 
  7.14  care subsidy, "family" means only the minor parent or parents 
  7.15  and the their child or children.  An adult may be considered a 
  7.16  dependent member of the family unit if 50 percent of the adult's 
  7.17  support is being provided by the parents, stepparents, guardians 
  7.18  and their spouses, or eligible relative caretakers and their 
  7.19  spouses, residing in the same household.  An adult age 18 or 
  7.20  older who meets this definition of family and is a full-time 
  7.21  high school student and can reasonably be expected to graduate 
  7.22  before age 19 may be considered a dependent member of the family 
  7.23  unit. 
  7.24     Sec. 4.  Minnesota Statutes 1998, section 119B.01, 
  7.25  subdivision 12, is amended to read: 
  7.26     Subd. 12.  [INCOME.] "Income" means earned or unearned 
  7.27  income received by all family members, including public 
  7.28  assistance cash benefits and at-home infant care subsidy 
  7.29  payments, unless specifically excluded.  The following are 
  7.30  excluded from income:  funds used to pay for health insurance 
  7.31  premiums for family members, Supplemental Security Income, 
  7.32  scholarships, work-study income, and grants that cover costs or 
  7.33  reimbursement for tuition, fees, books, and educational 
  7.34  supplies; student loans for tuition, fees, books, supplies, and 
  7.35  living expenses; state and federal earned income tax credits; 
  7.36  in-kind income such as food stamps, energy assistance, foster 
  8.1   care assistance, medical assistance, child care assistance, and 
  8.2   housing subsidies; earned income of full or part-time secondary 
  8.3   school students up to the age of 19, who have not earned a high 
  8.4   school or general equivalency diploma including earnings from 
  8.5   summer employment; grant awards under the family subsidy 
  8.6   program; nonrecurring lump sum income only to the extent that it 
  8.7   is earmarked and used for the purpose for which it is paid; and 
  8.8   any income assigned to the public authority according to section 
  8.9   256.74 or 256.741, if enacted. 
  8.10     Sec. 5.  Minnesota Statutes 1998, section 119B.01, 
  8.11  subdivision 13, is amended to read: 
  8.12     Subd. 13.  [PROVIDER.] "Provider" means a child care 
  8.13  license holder who operates a family day child care home, a 
  8.14  group family day child care home, a day child care center, a 
  8.15  nursery school, a day nursery, an extended day school age child 
  8.16  care program; a legal nonlicensed license exempt extended day 
  8.17  school age child care program which operates under the auspices 
  8.18  of a local school board or a park or recreation board of the 
  8.19  first class that has adopted school age child care standards 
  8.20  guidelines which meet or exceed standards guidelines recommended 
  8.21  by the state department of children, families, and learning, or 
  8.22  a legal nonlicensed caregiver registered provider who is at 
  8.23  least 18 years of age, and who is not a member of the 
  8.24  AFDC Minnesota family investment program assistance unit or a 
  8.25  member of the family receiving child care assistance under this 
  8.26  chapter.  
  8.27     Sec. 6.  Minnesota Statutes 1998, section 119B.01, 
  8.28  subdivision 15, is amended to read: 
  8.29     Subd. 15.  [AFDC MINNESOTA FAMILY INVESTMENT 
  8.30  PROGRAM.] "AFDC" means the aid to families with dependent 
  8.31  children program under sections 256.72 to 256.87; "Minnesota 
  8.32  family investment program" means the state's TANF program under 
  8.33  Public Law Number 104-193, title I, and includes the MFIP 
  8.34  program under sections 256.031 to 256.0361 and 256.0475 to 
  8.35  256.049; the MFIP-S program under chapter 256J; and the work 
  8.36  first program under chapter 256K, whichever program is in effect.
  9.1      Sec. 7.  Minnesota Statutes 1998, section 119B.01, 
  9.2   subdivision 16, is amended to read: 
  9.3      Subd. 16.  [TRANSITION YEAR FAMILIES.] "Transition year 
  9.4   families" means families who have received AFDC assistance under 
  9.5   the Minnesota family investment program, or who were eligible to 
  9.6   receive AFDC assistance under the Minnesota family investment 
  9.7   program after choosing to discontinue receipt of the cash 
  9.8   portion of MFIP-S MFIP assistance under section 256J.31, 
  9.9   subdivision 12, for at least three of the last six months before 
  9.10  losing eligibility for AFDC Minnesota family investment program 
  9.11  due to increased hours of employment, or increased income from 
  9.12  employment or child or spousal support or families participating 
  9.13  in work first under chapter 256K who meet the requirements of 
  9.14  section 256K.07. 
  9.15     Sec. 8.  Minnesota Statutes 1998, section 119B.01, 
  9.16  subdivision 17, is amended to read: 
  9.17     Subd. 17.  [CHILD CARE FUND.] "Child care fund" means a 
  9.18  program under this chapter providing:  
  9.19     (1) financial assistance for child care to parents engaged 
  9.20  in employment or the short-term provision of at-home infant care 
  9.21  for their own child, job search, or education and training 
  9.22  leading to employment or an at-home infant care subsidy; and 
  9.23     (2) grants to develop, expand, and improve the access and 
  9.24  availability of child care services statewide. 
  9.25     Sec. 9.  Minnesota Statutes 1998, section 119B.02, 
  9.26  subdivision 1, is amended to read: 
  9.27     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
  9.28  shall develop standards for county and human services boards to 
  9.29  provide child care services to enable eligible families to 
  9.30  participate in employment, training, or education programs.  
  9.31  Within the limits of available appropriations, the commissioner 
  9.32  shall distribute money to counties to reduce the costs of child 
  9.33  care for eligible families.  The commissioner shall adopt rules 
  9.34  to govern the program in accordance with this section.  The 
  9.35  rules must establish a sliding schedule of fees for parents 
  9.36  receiving child care services.  The rules shall provide that 
 10.1   funds received as a lump sum payment of child support arrearages 
 10.2   shall not be counted as income to a family in the month received 
 10.3   but shall be prorated over the 12 months following receipt and 
 10.4   added to the family income during those months.  In the rules 
 10.5   adopted under this section, county and human services boards 
 10.6   shall be authorized to establish policies for payment of child 
 10.7   care spaces for absent children, when the payment is required by 
 10.8   the child's regular provider.  The rules shall not set a maximum 
 10.9   number of days for which absence payments can be made, but 
 10.10  instead shall direct the county agency to set limits and pay for 
 10.11  absences according to the prevailing market practice in the 
 10.12  county.  County policies for payment of absences shall be 
 10.13  subject to the approval of the commissioner.  The commissioner 
 10.14  shall maximize the use of federal money in section 256.736 under 
 10.15  Public Law Number 104-193, titles I and VI, and other programs 
 10.16  that provide federal or state reimbursement for child care 
 10.17  services for low-income families who are in education, training, 
 10.18  job search, or other activities allowed under those programs.  
 10.19  Money appropriated under this section must be coordinated with 
 10.20  the programs that provide federal reimbursement for child care 
 10.21  services to accomplish this purpose.  Federal reimbursement 
 10.22  obtained must be allocated to the county that spent money for 
 10.23  child care that is federally reimbursable under programs that 
 10.24  provide federal reimbursement for child care services.  The 
 10.25  counties shall use the federal money to expand child care 
 10.26  services.  The commissioner may adopt rules under chapter 14 to 
 10.27  implement and coordinate federal program requirements. 
 10.28     Sec. 10.  Minnesota Statutes 1998, section 119B.02, is 
 10.29  amended by adding a subdivision to read: 
 10.30     Subd. 3.  [SUPERVISION OF COUNTIES.] The commissioner shall 
 10.31  supervise child care programs administered by the counties 
 10.32  through standard-setting, technical assistance to the counties, 
 10.33  approval of county plans, and distribution of public money for 
 10.34  services.  The commissioner shall provide training and other 
 10.35  support services to assist counties in planning for and 
 10.36  implementing child care assistance programs.  The commissioner 
 11.1   shall adopt rules under chapter 14 that establish minimum 
 11.2   administrative and service standards for the provision of child 
 11.3   care services by county boards of commissioners.  
 11.4      Sec. 11.  Minnesota Statutes 1998, section 119B.03, 
 11.5   subdivision 3, is amended to read: 
 11.6      Subd. 3.  [ELIGIBLE RECIPIENTS.] Families that meet the 
 11.7   eligibility requirements under sections 119B.07, 119B.09, except 
 11.8   AFDC recipients, MFIP recipients, work first recipients, and 
 11.9   transition year families, and 119B.10 are eligible for child 
 11.10  care assistance under the basic sliding fee program.  Families 
 11.11  enrolled in the basic sliding fee program shall be continued 
 11.12  until they are no longer eligible.  Child care assistance 
 11.13  provided through the child care fund is considered assistance to 
 11.14  the parent. 
 11.15     Sec. 12.  Minnesota Statutes 1998, section 119B.03, 
 11.16  subdivision 4, is amended to read: 
 11.17     Subd. 4.  [FUNDING PRIORITY.] (a) First priority for child 
 11.18  care assistance under the basic sliding fee program must be 
 11.19  given to eligible non-AFDC non-Minnesota family investment 
 11.20  program families who do not have a high school or general 
 11.21  equivalency diploma or who need remedial and basic skill courses 
 11.22  in order to pursue employment or to pursue education leading to 
 11.23  employment.  Within this priority, the following subpriorities 
 11.24  must be used: 
 11.25     (1) child care needs of minor parents; 
 11.26     (2) child care needs of parents under 21 years of age; and 
 11.27     (3) child care needs of other parents within the priority 
 11.28  group described in this paragraph. 
 11.29     (b) Second priority must be given to parents who have 
 11.30  completed their AFDC Minnesota family investment program or work 
 11.31  first transition year. 
 11.32     (c) Third priority must be given to families who are 
 11.33  eligible for portable basic sliding fee assistance through the 
 11.34  portability pool under subdivision 9. 
 11.35     Sec. 13.  Minnesota Statutes 1998, section 119B.03, 
 11.36  subdivision 9, is amended to read: 
 12.1      Subd. 9.  [PORTABILITY POOL.] (a) The commissioner shall 
 12.2   establish a pool of up to five percent of the annual 
 12.3   appropriation for the basic sliding fee program to provide 
 12.4   continuous child care assistance for eligible families who move 
 12.5   between Minnesota counties.  At the end of each allocation 
 12.6   period, any unspent funds in the portability pool must be added 
 12.7   to the funds available for reallocation used for assistance 
 12.8   under the basic sliding fee program.  If expenditures from the 
 12.9   portability pool exceed the amount of money available, the 
 12.10  reallocation pool must be reduced to cover these shortages. 
 12.11     (b) To be eligible for portable basic sliding fee 
 12.12  assistance, a family that has moved from a county in which it 
 12.13  was receiving basic sliding fee assistance to a county with a 
 12.14  waiting list for the basic sliding fee program must: 
 12.15     (1) meet the income and eligibility guidelines for the 
 12.16  basic sliding fee program; and 
 12.17     (2) notify the new county of residence within 30 days of 
 12.18  moving and apply for basic sliding fee assistance in the new 
 12.19  county of residence. 
 12.20     (c) The receiving county must: 
 12.21     (1) accept administrative responsibility for applicants for 
 12.22  portable basic sliding fee assistance at the end of the two 
 12.23  months of assistance under the Unitary Residency act; 
 12.24     (2) continue basic sliding fee assistance for the lesser of 
 12.25  six months or until the family is able to receive assistance 
 12.26  under the county's regular basic sliding program; and 
 12.27     (3) notify the commissioner through the quarterly reporting 
 12.28  process of any family that meets the criteria of the portable 
 12.29  basic sliding fee assistance pool. 
 12.30     Sec. 14.  Minnesota Statutes 1998, section 119B.04, 
 12.31  subdivision 1, is amended to read: 
 12.32     Subdivision 1.  [COMMISSIONER TO ADMINISTER PROGRAM.] The 
 12.33  commissioner of children, families, and learning is authorized 
 12.34  and directed to receive, administer, and expend funds available 
 12.35  under the child care and development fund under Public Law 
 12.36  Number 104-193, Title I VI.  
 13.1      Sec. 15.  Minnesota Statutes 1998, section 119B.05, 
 13.2   subdivision 1, is amended to read: 
 13.3      Subdivision 1.  [ELIGIBLE RECIPIENTS.] Families eligible 
 13.4   for child care assistance under the AFDC Minnesota family 
 13.5   investment program child care program are: 
 13.6      (1) persons receiving services under sections 256.031 to 
 13.7   256.0361 and 256.047 to 256.048; 
 13.8      (2) AFDC Minnesota family investment program recipients who 
 13.9   are employed or in job search and meet the requirements of 
 13.10  section 119B.10; 
 13.11     (3) (2) persons who are members of transition year families 
 13.12  under section 119B.01, subdivision 16; 
 13.13     (4) members of the control group for the STRIDE evaluation 
 13.14  conducted by the Manpower Demonstration Research Corporation; 
 13.15     (5) AFDC caretakers who are participating in the STRIDE and 
 13.16  non-STRIDE AFDC child care program; 
 13.17     (6) (3) families who are participating in employment 
 13.18  orientation or job search, or other employment or training 
 13.19  activities that are included in an approved employability 
 13.20  development plan under chapter 256K; and 
 13.21     (7) MFIP-S (4) MFIP families who are participating in work 
 13.22  activities as required in their job search support or employment 
 13.23  plan, or in appeals, hearings, assessments, or orientations 
 13.24  according to chapter 256J.  Child care assistance to support 
 13.25  work activities as described in section 256J.49 must be 
 13.26  available according to sections 119A.54, 119B.01, subdivision 8, 
 13.27  124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 
 13.28  of the Social Security Act. 
 13.29     Sec. 16.  Minnesota Statutes 1998, section 119B.061, is 
 13.30  amended to read: 
 13.31     119B.061 [AT-HOME INFANT CHILD CARE PROGRAM.] 
 13.32     Subdivision 1.  [ESTABLISHMENT.] Beginning July 1, 1998, a 
 13.33  family receiving or eligible to in which a parent provides care 
 13.34  for the family's infant child may receive a subsidy in lieu of 
 13.35  assistance if the family is eligible for, or is receiving 
 13.36  assistance under the basic sliding fee program is eligible for 
 14.1   assistance for a parent to provide short-term child care for the 
 14.2   family's infant child.  An eligible family must meet the 
 14.3   eligibility factors under section 119B.09, the income criteria 
 14.4   under section 119B.12, and the requirements of this section.  
 14.5   The commissioner shall establish a pool of up to seven percent 
 14.6   of the annual appropriation for the basic sliding fee program to 
 14.7   provide assistance under the at-home infant child care program.  
 14.8   At the end of the fiscal year, any unspent funds must be used 
 14.9   for assistance under the basic sliding fee program. 
 14.10     Subd. 2.  [ELIGIBLE FAMILIES.] A family with an infant 
 14.11  under the age of one year is eligible for assistance if: 
 14.12     (1) the family is not receiving MFIP-S MFIP, other cash 
 14.13  assistance, or other child care assistance; 
 14.14     (2) the family has not previously received all of the 
 14.15  one-year exemption from the work requirement for infant care 
 14.16  under the MFIP-S MFIP program; 
 14.17     (3) the family has not previously received a life-long 
 14.18  total of 12 months of assistance under this section; and 
 14.19     (4) the family is participating in the basic sliding fee 
 14.20  program or, for the first child in a family, provides 
 14.21  verification of employment participation in an authorized 
 14.22  activity at the time of application and meets the program 
 14.23  requirements. 
 14.24     Subd. 3.  [ELIGIBLE PARENT.] Only A family is eligible for 
 14.25  assistance under this section if one parent, in a two-parent 
 14.26  family, is eligible for assistance cares for the family's infant 
 14.27  child.  The eligible parent must: 
 14.28     (1) be over the age of 18; 
 14.29     (2) provide care for the infant full-time care for the 
 14.30  child in the child's home; and 
 14.31     (3) provide child care for any other children in the family 
 14.32  that who are eligible for child care assistance under chapter 
 14.33  119B. 
 14.34     Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
 14.35  lifetime total of 12 months of assistance under this section.  
 14.36  The maximum rate of assistance must be at 75 percent of the rate 
 15.1   established under section 119B.13 for care of infants in 
 15.2   licensed family day care in the applicant's county of 
 15.4   residence.  Assistance must be calculated to reflect the copay 
 15.5   requirement and the family's income level. 
 15.6      (b) A participating family must continue to report income 
 15.7   and other family changes as specified in the county's plan under 
 15.8   section 119B.08, subdivision 3.  The family must treat any 
 15.9   assistance received under this section as unearned income. 
 15.10     (c) Participation in the at-home infant child care program 
 15.11  must be considered participation in the basic sliding fee 
 15.12  program for purposes of continuing eligibility under section 
 15.13  119B.03, subdivision 3. 
 15.14     (d) The time that a family that receives assistance under 
 15.15  this section is ineligible for must be deducted from the 
 15.16  one-year exemption from work requirements under the MFIP-S MFIP 
 15.17  program. 
 15.18     (e) Assistance under this section does not establish an 
 15.19  employer-employee relationship between any member of the 
 15.20  assisted family and the county or state. 
 15.21     Subd. 5.  [IMPLEMENTATION.] By July 1, 1998, the 
 15.22  commissioner shall implement the at-home infant child care 
 15.23  program under this section.  The commissioner shall evaluate 
 15.24  this program and report the impact to the legislature by January 
 15.25  1, 2000.  The evaluation must include data on the number of 
 15.26  families participating in the program; the number of families 
 15.27  continuing to pursue employment or education while participating 
 15.28  in the program; the average income of families prior to, during, 
 15.29  and after participation in the program; family size; and single 
 15.30  parent and two-parent status. 
 15.31     Sec. 17.  Minnesota Statutes 1998, section 119B.07, is 
 15.32  amended to read: 
 15.33     119B.07 [USE OF MONEY.] 
 15.34     Money for persons listed in sections 119B.03, subdivision 
 15.35  3, and 119B.05, subdivision 1, shall be used to reduce the costs 
 15.36  of child care for students, including the costs of child care 
 15.37  for students while employed if enrolled in an eligible education 
 16.1   program at the same time and making satisfactory progress 
 16.2   towards completion of the program.  Counties may not limit the 
 16.3   duration of child care subsidies for a person in an employment 
 16.4   or educational program, except when the person is found to be 
 16.5   ineligible under the child care fund eligibility standards.  Any 
 16.6   limitation must be based on a person's employability plan in the 
 16.7   case of an AFDC a Minnesota family investment program recipient, 
 16.8   and county policies included in the child care allocation plan.  
 16.9   The maximum length of time a student is eligible for child care 
 16.10  assistance under the child care fund for education and training 
 16.11  is no more than the time necessary to complete the credit 
 16.12  requirements for an associate or baccalaureate degree as 
 16.13  determined by the educational institution, excluding basic or 
 16.14  remedial education programs needed to prepare for post-secondary 
 16.15  education or employment.  To be eligible, the student must be in 
 16.16  good standing and be making satisfactory progress toward the 
 16.17  degree.  Time limitations for child care assistance do not apply 
 16.18  to basic or remedial educational programs needed to prepare for 
 16.19  post-secondary education or employment.  These programs 
 16.20  include:  high school, general equivalency diploma, and English 
 16.21  as a second language.  Programs exempt from this time limit must 
 16.22  not run concurrently with a post-secondary program.  High school 
 16.23  students who are participating in a post-secondary options 
 16.24  program and who receive a high school diploma issued by the 
 16.25  school district are exempt from the time limitations while 
 16.26  pursuing a high school diploma.  Financially eligible students 
 16.27  who have received child care assistance for one academic year 
 16.28  shall be provided child care assistance in the following 
 16.29  academic year if funds allocated under sections 119B.03 and 
 16.30  119B.05 are available.  If an AFDC a Minnesota family investment 
 16.31  program recipient who is receiving AFDC Minnesota family 
 16.32  investment program child care assistance under this chapter 
 16.33  moves to another county, continues to participate in educational 
 16.34  or training programs authorized in their employability 
 16.35  development plans, and continues to be eligible for AFDC 
 16.36  Minnesota family investment program child care assistance under 
 17.1   this chapter, the AFDC caretaker Minnesota family investment 
 17.2   program caregiver must receive continued child care assistance 
 17.3   from the county responsible for their current employability 
 17.4   development plan, without interruption according to Minnesota 
 17.5   Statutes, section 256G.07. 
 17.6      Sec. 18.  Minnesota Statutes 1998, section 119B.08, 
 17.7   subdivision 3, is amended to read: 
 17.8      Subd. 3.  [CHILD CARE FUND PLAN.] Effective January 1, 
 17.9   1992, the county will include the plan required under this 
 17.10  subdivision in its biennial community social services plan 
 17.11  required in this section, for the group described in section 
 17.12  256E.03, subdivision 2, paragraph (h).  The commissioner shall 
 17.13  establish the dates by which the county must submit these the 
 17.14  child care fund plans.  The county and designated administering 
 17.15  agency shall submit to the commissioner an annual child care 
 17.16  fund allocation plan.  The plan shall include: 
 17.17     (1) a narrative of the total program for child care 
 17.18  services, including all policies and procedures that affect 
 17.19  eligible families and are used to administer the child care 
 17.20  funds; 
 17.21     (2) the methods used by the county to inform eligible 
 17.22  groups of the availability of child care assistance and related 
 17.23  services; 
 17.24     (3) the provider rates paid for all children by provider 
 17.25  type; 
 17.26     (4) the county prioritization policy for all eligible 
 17.27  groups families under the basic sliding fee program and AFDC 
 17.28  child care program; and 
 17.29     (5) other information as requested by the department to 
 17.30  ensure compliance with the child care fund statutes and rules 
 17.31  promulgated by the commissioner. 
 17.32     The commissioner shall notify counties within 60 days of 
 17.33  the date the plan is submitted whether the plan is approved or 
 17.34  the corrections or information needed to approve the plan.  The 
 17.35  commissioner shall withhold a county's allocation until it has 
 17.36  an approved plan.  Plans not approved by the end of the second 
 18.1   quarter after the plan is due may result in a 25 percent 
 18.2   reduction in allocation.  Plans not approved by the end of the 
 18.3   third quarter after the plan is due may result in a 100 percent 
 18.4   reduction in the allocation to the county.  Counties are to 
 18.5   maintain services despite any reduction in their allocation due 
 18.6   to plans not being approved. 
 18.7      Sec. 19.  Minnesota Statutes 1998, section 119B.09, 
 18.8   subdivision 1, is amended to read: 
 18.9      Subdivision 1.  [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 
 18.10  APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 
 18.11  must be available to families who need child care to find or 
 18.12  keep employment or to obtain the training or education necessary 
 18.13  to find employment and who: 
 18.14     (1) meet the requirements of section 119B.05; receive aid 
 18.15  to families with dependent children, MFIP-S, or work first, 
 18.16  whichever is in effect MFIP; and are receiving participating in 
 18.17  employment and training services under section 256.736 or 
 18.18  chapter 256J or 256K; 
 18.19     (2) have household income below the eligibility levels for 
 18.20  aid to families with dependent children Minnesota family 
 18.21  investment program; or 
 18.22     (3) have household income within a range established by the 
 18.23  commissioner. 
 18.24     (b) Child care services for the families receiving aid to 
 18.25  families with dependent children must be made available as 
 18.26  in-kind services, to cover any difference between the actual 
 18.27  cost and the amount disregarded under the aid to families with 
 18.28  dependent children program.  Child care services to families 
 18.29  whose incomes are below the threshold of eligibility for aid to 
 18.30  families with dependent children, but are not AFDC caretakers, 
 18.31  must be made available with the same copayment required of AFDC 
 18.32  caretakers or MFIP-S caregivers. 
 18.33     (c) All applicants for child care assistance and families 
 18.34  currently receiving child care assistance must be assisted and 
 18.35  required to cooperate in establishment of paternity and 
 18.36  enforcement of child support obligations for all children in the 
 19.1   family as a condition of program eligibility.  For purposes of 
 19.2   this section, a family is considered to meet the requirement for 
 19.3   cooperation when the family complies with the requirements of 
 19.4   section 256.741, if enacted. 
 19.5      Sec. 20.  Minnesota Statutes 1998, section 119B.09, 
 19.6   subdivision 3, is amended to read: 
 19.7      Subd. 3.  [PRIORITIES; ALLOCATIONS.] If a county projects 
 19.8   that its child care allocation is insufficient to meet the needs 
 19.9   of all eligible groups, it may prioritize among the groups that 
 19.10  remain to be served after the county has complied with the 
 19.11  priority requirements of section 119B.03.  Counties that have 
 19.12  established a priority for non-AFDC non-Minnesota family 
 19.13  investment plan families beyond those established under section 
 19.14  119B.03 must submit the policy in the annual allocation child 
 19.15  care fund plan. 
 19.16     Sec. 21.  Minnesota Statutes 1998, section 119B.09, 
 19.17  subdivision 5, is amended to read: 
 19.18     Subd. 5.  [PROVIDER CHOICE.] Parents may choose child care 
 19.19  providers as defined under section 119B.01, subdivision 13, that 
 19.20  best meet the needs of their family.  Counties shall make 
 19.21  resources available to parents in choosing quality child care 
 19.22  services.  Counties may shall require a parent to sign a release 
 19.23  stating their knowledge and responsibilities in choosing a legal 
 19.24  provider described under section 119B.01, subdivision 13, and a 
 19.25  release to allow transfer of the registered provider's name and 
 19.26  address to the child care resource and referral agency.  When a 
 19.27  county knows that a particular provider is unsafe, or that the 
 19.28  circumstances of the child care arrangement chosen by the parent 
 19.29  are unsafe, the county may deny a child care subsidy.  The 
 19.30  county shall not deny a child care subsidy to a child care 
 19.31  provider with a valid license under section 245A.03.  A county 
 19.32  may not restrict access to a general category of provider 
 19.33  allowed under section 119B.01, subdivision 13. 
 19.34     Nonlicensed providers who meet the licensure exemptions 
 19.35  defined in section 245A.03, subdivision 2, must be registered.  
 19.36  Counties shall provide each nonlicensed, registered provider 
 20.1   with health and safety information, which shall include 
 20.2   information about immunizations.  Nonlicensed, registered 
 20.3   providers shall keep immunization records in accordance with 
 20.4   section 121A.15 and have these records available to the county 
 20.5   upon request.  Parents shall provide their child's immunization 
 20.6   records to their nonlicensed, registered provider.  The child 
 20.7   must have received the age appropriate immunizations or have 
 20.8   commenced a schedule of immunizations within 90 days following 
 20.9   the first day of child care with the nonlicensed, registered 
 20.10  provider.  In addition to other registration requirements, the 
 20.11  parent and provider must comply with state and local health 
 20.12  ordinances, including the required child immunizations, and 
 20.13  building and fire codes applicable to the premises where child 
 20.14  care is provided. 
 20.15     Counties may choose to have additional registration 
 20.16  requirements.  These additional requirements must be identified 
 20.17  in the county's child care fund allocation plan, as described in 
 20.18  section 119B.08, subdivision 3.  If a county has identified 
 20.19  successful completion of a criminal background check, Federal 
 20.20  Bureau of Investigation record check, or both, as an additional 
 20.21  health and safety check in the child care fund allocation plan 
 20.22  as a provider registration requirement, the county may request a 
 20.23  criminal history background check from the superintendent of the 
 20.24  bureau of criminal apprehension, the Federal Bureau of 
 20.25  Investigation, or both. 
 20.26     When the county has reasonable cause to believe that 
 20.27  further pertinent information may exist on the nonlicensed 
 20.28  provider, the subject shall provide a set of classifiable 
 20.29  fingerprints obtained from an authorized law enforcement 
 20.30  agency.  For purposes of requiring fingerprints, the county 
 20.31  shall be considered to have reasonable cause under, but not 
 20.32  limited to, the following circumstances: 
 20.33     (1) information from the bureau of criminal apprehension 
 20.34  indicates that the subject is a multistate offender; 
 20.35     (2) information from the bureau of criminal apprehension 
 20.36  indicates that multistate offender status is undetermined; or 
 21.1      (3) the county has received a report from the subject or 
 21.2   third party indicating that the subject has a criminal history 
 21.3   in a jurisdiction other than Minnesota. 
 21.4      Sec. 22.  Minnesota Statutes 1998, section 119B.09, 
 21.5   subdivision 7, is amended to read: 
 21.6      Subd. 7.  [ELIGIBILITY FOR ASSISTANCE.] The date of 
 21.7   eligibility for child care assistance under this chapter is the 
 21.8   later of the date the application was signed; the beginning date 
 21.9   of employment, education, or training; or the date a 
 21.10  determination has been made that the applicant is a participant 
 21.11  in employment and training services under Minnesota Rules, part 
 21.12  3400.0080, subpart 2a, section 256.736, or chapter 256J or 
 21.13  256K.  The date of eligibility for the basic sliding fee at-home 
 21.14  infant child care program is the later of the date the infant is 
 21.15  born or, in a county with a basic sliding fee wait list, the 
 21.16  date the family applies for at-home infant child care.  Payment 
 21.17  ceases for a family under the at-home infant child care program 
 21.18  when a family has used a total of 12 months of assistance as 
 21.19  specified under section 119B.061.  Payment of child care 
 21.20  assistance for employed persons on AFDC MFIP is effective the 
 21.21  date of employment or the date of AFDC MFIP eligibility, 
 21.22  whichever is later.  Payment of child care assistance for MFIP-S 
 21.23  MFIP or work first participants in employment and training 
 21.24  services is effective the date of commencement of the services 
 21.25  or the date of MFIP-S MFIP or work first eligibility, whichever 
 21.26  is later.  Payment of child care assistance for transition year 
 21.27  child care must be made retroactive to the date of eligibility 
 21.28  for transition year child care. 
 21.29     Sec. 23.  Minnesota Statutes 1998, section 119B.10, 
 21.30  subdivision 1, is amended to read: 
 21.31     Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
 21.32  RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 
 21.33  and who are eligible for assistance under this section are 
 21.34  eligible to receive up to 240 hours of child care assistance per 
 21.35  calendar year.  
 21.36     (b) Employed persons who work at least an average of 
 22.1   20 hours and full-time students who work at least an average of 
 22.2   ten hours a week and receive at least a minimum wage for all 
 22.3   hours worked are eligible for continued child care 
 22.4   assistance for employment.  Child care assistance during 
 22.5   employment must be authorized as provided in paragraphs (c) and 
 22.6   (d). 
 22.7      (c) When the caregiver person works for an hourly wage and 
 22.8   the hourly wage is equal to or greater than the applicable 
 22.9   minimum wage, child care assistance shall be provided for the 
 22.10  actual hours of employment, break, and mealtime during the 
 22.11  employment and travel time up to two hours per day. 
 22.12     (d) When the caregiver person does not work for an hourly 
 22.13  wage, child care assistance must be provided for the lesser of: 
 22.14     (1) the amount of child care determined by dividing gross 
 22.15  earned income by the applicable minimum wage, up to one hour 
 22.16  every eight hours for meals and break time, plus up to two hours 
 22.17  per day for travel time; or 
 22.18     (2) the amount of child care equal to the actual amount of 
 22.19  child care used during employment, including break and mealtime 
 22.20  during employment, and travel time up to two hours per day. 
 22.21     Sec. 24.  Minnesota Statutes 1998, section 119B.12, 
 22.22  subdivision 2, is amended to read: 
 22.23     Subd. 2.  [PARENT FEE.] A family's monthly parent fee must 
 22.24  be a fixed percentage of its annual gross income.  Parent fees 
 22.25  must apply to families eligible for child care assistance under 
 22.26  sections 119B.03 and 119B.05.  Income must be as defined in 
 22.27  section 119B.01, subdivision 12.  The fixed percent is based on 
 22.28  the relationship of the family's annual gross income to 100 
 22.29  percent of state median income.  Beginning January 1, 1998, 
 22.30  parent fees must begin at 75 percent of the poverty level.  The 
 22.31  minimum parent fees for families between 75 percent and 100 
 22.32  percent of poverty level must be $5 per month.  Parent fees for 
 22.33  families with incomes at or above the poverty level must not 
 22.34  decrease due to the addition of family members after the 
 22.35  family's initial eligibility determination.  Parent fees must be 
 22.36  established in rule and must provide for graduated movement to 
 23.1   full payment. 
 23.2      Sec. 25.  Minnesota Statutes 1998, section 119B.13, is 
 23.3   amended to read: 
 23.4      119B.13 [CHILD CARE RATES.] 
 23.5      Subdivision 1.  [SUBSIDY RESTRICTIONS.] Effective July 1, 
 23.6   1991, The maximum rate paid for child care assistance under the 
 23.7   child care fund is the maximum rate eligible for federal 
 23.8   reimbursement.  The rate may not exceed the 75th percentile rate 
 23.9   for like-care arrangements in the county as surveyed by the 
 23.10  commissioner.  A rate which includes a provider bonus paid under 
 23.11  subdivision 2 or a special needs rate paid under subdivision 3 
 23.12  may be in excess of the maximum rate allowed under this 
 23.13  subdivision.  The department of children, families, and learning 
 23.14  shall monitor the effect of this paragraph on provider rates.  
 23.15  The county shall pay the provider's full charges for every child 
 23.16  in care up to the maximum established.  The commissioner shall 
 23.17  determine the maximum rate for each type of care, including 
 23.18  special needs and handicapped care.  Not less than once every 
 23.19  two years, the county shall evaluate rates market practices for 
 23.20  payment of absent spaces absences and shall establish policies 
 23.21  for payment of absent days that reflect current market practice. 
 23.22     When the provider charge is greater than the maximum 
 23.23  provider rate allowed, the parent is responsible for payment of 
 23.24  the difference in the rates in addition to any family copayment 
 23.25  fee. 
 23.26     Subd. 2.  [PROVIDER RATE BONUS FOR ACCREDITATION.] 
 23.27  Currently accredited child care centers shall be paid a ten 
 23.28  percent bonus above the maximum rate established in subdivision 
 23.29  1, up to the actual provider rate.  A family day care 
 23.30  provider or child care center shall be paid a ten percent bonus 
 23.31  above the maximum rate established in subdivision 1, if the 
 23.32  provider or center holds a current early childhood development 
 23.33  credential approved by the commissioner, up to the actual 
 23.34  provider rate.  For purposes of this subdivision, "accredited" 
 23.35  means accredited by the National Association for the Education 
 23.36  of Young Children. 
 24.1      Subd. 3.  [PROVIDER RATE FOR CARE OF CHILDREN WITH 
 24.2   HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 
 24.3   for the care of children with handicaps or special needs, at a 
 24.4   special rate to be set approved by the county for care of these 
 24.5   children, subject to the approval of the commissioner. 
 24.6      Subd. 4.  [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 
 24.7   Child care providers receiving reimbursement under this chapter 
 24.8   may not charge a rate to clients receiving assistance under this 
 24.9   chapter that is higher than the private, full-paying client rate.
 24.10     Subd. 5.  [PROVIDER NOTICE.] The county shall inform both 
 24.11  the family receiving assistance under this chapter and the child 
 24.12  care provider of the payment amount and how and when payment 
 24.13  will be received.  If the county sends a family a notice that 
 24.14  child care assistance will be terminated, the county shall 
 24.15  inform the provider that unless the family requests to continue 
 24.16  to receive assistance pending an appeal, child care payments 
 24.17  will no longer be made.  The notice to the vendor provider must 
 24.18  not contain any private data on the family or information on why 
 24.19  payment will no longer be made. 
 24.20     Subd. 6.  [PROVIDER PAYMENTS.] Counties shall make vendor 
 24.21  payments to the child care provider or pay the parent directly 
 24.22  for eligible child care expenses.  If payments for child care 
 24.23  assistance are made to providers, The provider or parent shall 
 24.24  bill the county for services provided within ten days of the end 
 24.25  of the month of service.  If bills are submitted in accordance 
 24.26  with the provisions of this subdivision, a county shall issue 
 24.27  payment to the provider of for child care assistance under the 
 24.28  child care fund within 30 days of receiving an invoice from the 
 24.29  provider.  Counties may establish policies that make payments on 
 24.30  a more frequent basis.  A county's payment policies must be 
 24.31  included in the county's child care plan under section 119B.08, 
 24.32  subdivision 3. 
 24.33     Sec. 26.  Minnesota Statutes 1998, section 119B.14, is 
 24.34  amended to read: 
 24.35     119B.14 [EXTENSION OF EMPLOYMENT OPPORTUNITIES.] 
 24.36     The county board shall insure that child care services 
 25.1   available to eligible residents are well advertised and that 
 25.2   everyone who receives or applies for aid to families with 
 25.3   dependent children assistance under the MFIP program is informed 
 25.4   of training and employment opportunities and programs, including 
 25.5   child care assistance and child care resource and referral 
 25.6   services. 
 25.7      Sec. 27.  Minnesota Statutes 1998, section 119B.15, is 
 25.8   amended to read: 
 25.9      119B.15 [ADMINISTRATIVE EXPENSES.] 
 25.10     The commissioner shall use up to 1/21 of the state and 
 25.11  federal funds available for the basic sliding fee program and 
 25.12  1/21 of the state and federal funds available for the AFDC MFIP 
 25.13  child care program for payments to counties for administrative 
 25.14  expenses. 
 25.15     Sec. 28.  Minnesota Statutes 1998, section 121.8355, is 
 25.16  amended by adding a subdivision to read: 
 25.17     Subd. 2b.  [INSURANCE.] The commissioner of children, 
 25.18  families, and learning may designate one collaborative to act as 
 25.19  a lead collaborative for purposes of obtaining liability 
 25.20  coverage for participating collaboratives. 
 25.21     Sec. 29.  Minnesota Statutes 1998, section 124D.19, 
 25.22  subdivision 11, is amended to read: 
 25.23     Subd. 11.  [EXTENDED DAY SCHOOL-AGE CARE PROGRAMS.] (a) A 
 25.24  school board may offer, as part of a community education 
 25.25  program, an extended day a school-age care program for children 
 25.26  from kindergarten through grade 6 for the purpose of expanding 
 25.27  students' learning opportunities.  If the school board chooses 
 25.28  not to offer a school-age care program, it may allow an 
 25.29  appropriate insured community group, for profit entity or 
 25.30  nonprofit organization to use available school facilities for 
 25.31  the purpose of offering a school-age care program. 
 25.32     (b) A school-age care program must include the following: 
 25.33     (1) adult supervised programs while school is not in 
 25.34  session; 
 25.35     (2) parental involvement in program design and direction; 
 25.36     (3) partnerships with the kindergarten through grade 12 
 26.1   system, and other public, private, or nonprofit entities; and 
 26.2      (4) opportunities for trained secondary school pupils to 
 26.3   work with younger children in a supervised setting as part of a 
 26.4   community service program.; and 
 26.5      (5) access to available school facilities, including the 
 26.6   gymnasium, sports equipment, computer labs, and media centers, 
 26.7   when not otherwise in use as part of the operation of the 
 26.8   school.  The school district may establish reasonable rules 
 26.9   relating to access to these facilities and may require that: 
 26.10     (i) the organization request access to the facilities and 
 26.11  prepare and maintain a schedule of proposed use; 
 26.12     (ii) the organization provide evidence of adequate 
 26.13  insurance to cover the activities to be conducted in the 
 26.14  facilities; and 
 26.15     (iii) the organization prepare and maintain a plan 
 26.16  demonstrating the adequacy and training of staff to supervise 
 26.17  the use of the facilities. 
 26.18     (b) (c) The district may charge a sliding fee based upon 
 26.19  family income for extended day school-age care programs.  The 
 26.20  district may receive money from other public or private sources 
 26.21  for the extended day school-age care program.  The board of the 
 26.22  district must develop standards for school-age child care 
 26.23  programs.  Districts must adopt standards within one year after 
 26.24  the district first offers services under a program authorized by 
 26.25  this subdivision.  The state board of education may not adopt 
 26.26  rules for extended day school-age care programs. 
 26.27     (c) (d) The district shall maintain a separate account 
 26.28  within the community services fund for all funds related to the 
 26.29  extended day school-age care program. 
 26.30     (e) A district is encouraged to coordinate the school-age 
 26.31  care program with its special education, vocational education, 
 26.32  adult basic education, early childhood family education 
 26.33  programs, kindergarten through grade 12 instruction and 
 26.34  curriculum services, youth development and youth service 
 26.35  agencies, and with related services provided by other 
 26.36  governmental agencies and nonprofit agencies. 
 27.1      Sec. 30.  Minnesota Statutes 1998, section 124D.22, is 
 27.2   amended to read: 
 27.3      124D.22 [EXTENDED DAY SCHOOL-AGE CARE REVENUE.] 
 27.4      Subdivision 1.  [ELIGIBILITY.] A district that offers an 
 27.5   extended day school-age care program according to section 
 27.6   124D.19, subdivision 11, is eligible for extended day school-age 
 27.7   care revenue for the additional costs of providing services to 
 27.8   children with disabilities or to children experiencing family or 
 27.9   related problems of a temporary nature who participate in 
 27.10  the extended day school-age care program. 
 27.11     Subd. 2.  [EXTENDED DAY SCHOOL-AGE CARE REVENUE.] The 
 27.12  extended day school-age care revenue for an eligible district 
 27.13  equals the approved additional cost of providing services to 
 27.14  children with disabilities or children experiencing family or 
 27.15  related problems of a temporary nature who participate in 
 27.16  the extended day school-age care program.  
 27.17     Subd. 3.  [EXTENDED DAY SCHOOL-AGE CARE LEVY.] To obtain 
 27.18  extended day school-age care revenue, a school district may levy 
 27.19  an amount equal to the district's extended day school-age care 
 27.20  revenue as defined in subdivision 2 multiplied by the lesser of 
 27.21  one, or the ratio of the quotient derived by dividing the 
 27.22  adjusted net tax capacity of the district for the year before 
 27.23  the year the levy is certified by the resident pupil units in 
 27.24  the district for the school year to which the levy is 
 27.25  attributable, to $3,767.  
 27.26     Subd. 4.  [EXTENDED DAY SCHOOL-AGE CARE AID.] A district's 
 27.27  extended day school-age care aid is the difference between 
 27.28  its extended day school-age care revenue and its extended 
 27.29  day school-age care levy.  If a district does not levy the 
 27.30  entire amount permitted, extended day school-age care aid must 
 27.31  be reduced in proportion to the actual amount levied. 
 27.32     Sec. 31.  Minnesota Statutes 1998, section 466.01, 
 27.33  subdivision 1, is amended to read: 
 27.34     Subdivision 1.  [MUNICIPALITY.] For the purposes of 
 27.35  sections 466.01 to 466.15, "municipality" means any city, 
 27.36  whether organized under home rule charter or otherwise, any 
 28.1   county, town, public authority, public corporation, nonprofit 
 28.2   firefighting corporation that has associated with it a relief 
 28.3   association as defined in section 424A.001, subdivision 4, 
 28.4   special district, school district, however organized, county 
 28.5   agricultural society organized pursuant to chapter 38, joint 
 28.6   powers board or organization created under section 471.59 or 
 28.7   other statute, public library, regional public library system, 
 28.8   multicounty multitype library system, the following local 
 28.9   collaboratives whose plans have been approved by the children's 
 28.10  cabinet:  family services collaborative collaboratives 
 28.11  established under section 124D.23, children's mental health 
 28.12  collaboratives established under sections 245.491 to 245.496, or 
 28.13  a collaborative established by the merger of a children's mental 
 28.14  health collaborative and a family services collaborative, other 
 28.15  political subdivision, or community action agency. 
 28.16     Sec. 32.  [APPROPRIATIONS.] 
 28.17     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 28.18  LEARNING.] The sums indicated in this section are appropriated 
 28.19  from the general fund to the department of children, families, 
 28.20  and learning for the fiscal years designated.  
 28.21     Subd. 2.  [LEARNING READINESS PROGRAM REVENUE.] For revenue 
 28.22  for learning readiness programs according to Minnesota Statutes, 
 28.23  sections 124D.15 and 124D.16: 
 28.24       $10,395,000    .....     2000
 28.25       $10,395,000    .....     2001
 28.26     The 2000 appropriation includes $1,040,000 for 1999 and 
 28.27  $9,355,000 for 2000. 
 28.28     The 2001 appropriation includes $1,040,000 for 2000 and 
 28.29  $9,355,000 for 2001.  
 28.30     Any balance in the first year does not cancel but is 
 28.31  available in the second year. 
 28.32     Subd. 3.  [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 
 28.33  childhood family education aid according to Minnesota Statutes, 
 28.34  section 124D.135: 
 28.35       $17,991,000    .....     2000 
 28.36       $19,240,000    .....     2001
 29.1      The 2000 appropriation includes $1,390,000 for 1999 and 
 29.2   $16,601,000 for 2000.  
 29.3      The 2001 appropriation includes $1,844,000 for 2000 and 
 29.4   $17,396,000 for 2001.  
 29.5      Any balance in the first year does not cancel but is 
 29.6   available in the second year. 
 29.7      Subd. 4.  [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 
 29.8   health and developmental screening aid according to Minnesota 
 29.9   Statutes, sections 121A.17 and 121A.19: 
 29.10       $3,050,000     .....     2000 
 29.11       $3,050,000     .....     2001 
 29.12     The 2000 appropriation includes $155,000 for 1999 and 
 29.13  $2,895,000 for 2000.  
 29.14     The 2001 appropriation includes $305,000 for 2000 and 
 29.15  $2,745,000 for 2001.  
 29.16     Any balance in the first year does not cancel but is 
 29.17  available in the second year. 
 29.18     Subd. 5.  [WAY TO GROW.] For grants for existing way to 
 29.19  grow programs according to Minnesota Statutes, section 124D.17:  
 29.20       $475,000       .....     2000
 29.21       $475,000       .....     2001
 29.22     Any balance in the first year does not cancel but is 
 29.23  available in the second year. 
 29.24     Subd. 6.  [HEAD START PROGRAM.] For Head Start programs 
 29.25  according to Minnesota Statutes, section 119A.52: 
 29.26       $18,375,000    .....     2000
 29.27       $18,375,000    .....     2001
 29.28     Any balance in the first year does not cancel but is 
 29.29  available in the second year. 
 29.30     Subd. 7.  [EXTENDED DAY AID.] For extended day aid 
 29.31  according to Minnesota Statutes, section 124D.22: 
 29.32       $274,000       .....     2000 
 29.33       $216,000       .....     2001
 29.34     The 2000 appropriation includes $30,000 for 1999 and 
 29.35  $244,000 for 2000. 
 29.36     The 2001 appropriation includes $27,000 for 2000 and 
 30.1   $189,000 for 2001. 
 30.2      Any balance in the first year does not cancel but is 
 30.3   available in the second year. 
 30.4      Subd. 8.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 30.5   assistance according to Minnesota Statutes, section 119B.03: 
 30.6        $20,751,000    .....     2000 
 30.7        $20,751,000    .....     2001
 30.8      Any balance in the first year does not cancel but is 
 30.9   available the second year. 
 30.10     Subd. 9.  [MFIP CHILD CARE.] For child care assistance 
 30.11  according to Minnesota Statutes, section 119B.05: 
 30.12       $91,709,000    .....     2000 
 30.13       $93,512,000    .....     2001
 30.14     Any balance in the first year does not cancel but is 
 30.15  available in the second year. 
 30.16     Subd. 10.  [CHILD CARE DEVELOPMENT.] For child care 
 30.17  development grants according to Minnesota Statutes, section 
 30.18  119B.21: 
 30.19       $1,865,000      .....     2000
 30.20       $1,865,000      .....     2001
 30.21     Any balance in the first year does not cancel but is 
 30.22  available in the second year. 
 30.23     Sec. 33.  [FEDERAL TANF TRANSFERS.] 
 30.24     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, and 
 30.25  LEARNING.] The sums indicated in this section are transferred 
 30.26  from the federal TANF fund to the child care and development 
 30.27  fund and appropriated to the department of children, families, 
 30.28  and learning for the fiscal years designated. 
 30.29     Subd. 2.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 30.30  assistance according to Minnesota Statutes, section 119B.03:  
 30.31       $30,000,000    .....     2000 
 30.32       $30,000,000    .....     2001 
 30.33     Sec. 34.  [REPEALER.] 
 30.34     Minnesota Statutes 1998, sections 119B.01, subdivision 12a; 
 30.35  119B.03, subdivision 7; 119B.05, subdivision 6; 119B.075; 
 30.36  119B.17; and 124D.14, are repealed.  
 31.1                              ARTICLE 2 
 31.2                     COMMUNITY AND SYSTEMS CHANGE 
 31.3      Section 1.  [APPROPRIATIONS.] 
 31.4      Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 31.5   LEARNING.] The sums indicated in this section are appropriated 
 31.6   from the general fund to the department of children, families, 
 31.7   and learning for the fiscal years designated. 
 31.8      Subd. 2.  [FAMILY COLLABORATIVES.] For family 
 31.9   collaboratives according to Laws 1995, First Special Session 
 31.10  chapter 3, article 4, section 29, subdivision 10: 
 31.11       $6,825,000     .....     2000
 31.12       $6,825,000     .....     2001
 31.13     No new family services collaboratives shall be funded with 
 31.14  this appropriation after June 30, 1999. 
 31.15     Any balance in the first year does not cancel but is 
 31.16  available in the second year. 
 31.17     Subd. 3.  [COMMUNITY EDUCATION AID.] For community 
 31.18  education aid according to Minnesota Statutes, section 124D.20: 
 31.19       $14,136,000    .....     2000 
 31.20       $14,696,000    .....     2001 
 31.21     The 2000 appropriation includes $161,000 for 1999 and 
 31.22  $13,975,000 for 2000.  
 31.23     The 2001 appropriation includes $1,552,000 for 2000 and 
 31.24  $13,144,000 for 2001.  
 31.25     Any balance the first year does not cancel but is available 
 31.26  in the second year. 
 31.27     Subd. 4.  [ADULTS WITH DISABILITIES PROGRAM AID.] For 
 31.28  adults with disabilities programs according to Minnesota 
 31.29  Statutes, section 124D.56: 
 31.30       $670,000       .....     2000 
 31.31       $670,000       .....     2001 
 31.32     Any balance in the first year does not cancel but is 
 31.33  available in the second year. 
 31.34     Subd. 5.  [HEARING-IMPAIRED ADULTS.] For programs for 
 31.35  hearing-impaired adults according to Minnesota Statutes, section 
 31.36  124D.57: 
 32.1        $70,000        .....     2000
 32.2        $70,000        .....     2001
 32.3      Any balance in the first year does not cancel but is 
 32.4   available in the second year. 
 32.5                              ARTICLE 3
 32.6                     PREVENTION AND INTERVENTION
 32.7      Section 1.  [APPROPRIATIONS.] 
 32.8      Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 32.9   LEARNING.] The sums indicated in this section are appropriated 
 32.10  from the general fund to the department of children, families, 
 32.11  and learning for the fiscal years designated.  
 32.12     Subd. 2.  [VIOLENCE PREVENTION EDUCATION GRANTS.] For 
 32.13  violence prevention education grants according to Minnesota 
 32.14  Statutes, section 120B.23: 
 32.15       $1,450,000     .....     2000
 32.16       $1,450,000     .....     2001
 32.17     Any balance in the first year does not cancel but is 
 32.18  available in the second year. 
 32.19     Subd. 3.  [ABUSED CHILDREN.] For abused children programs 
 32.20  according to Minnesota Statutes, section 119A.21: 
 32.21       $945,000       .....     2000 
 32.22       $945,000       .....     2001 
 32.23     Any balance in the first year does not cancel but is 
 32.24  available in the second year. 
 32.25     Subd. 4.  [CHILDREN'S TRUST FUND.] For children's trust 
 32.26  fund according to Minnesota Statutes, sections 119A.12 and 
 32.27  119A.13: 
 32.28       $225,000       .....     2000
 32.29       $225,000       .....     2001
 32.30     Any balance in the first year does not cancel but is 
 32.31  available in the second year. 
 32.32     Subd. 5.  [AFTER SCHOOL ENRICHMENT GRANTS.] For after 
 32.33  school enrichment grants according to Laws 1996, chapter 412, 
 32.34  article 4, section 30: 
 32.35       $5,760,000     .....     2000
 32.36       $5,760,000     .....     2001
 33.1      Of this amount, $200,000 each year is for programs that 
 33.2   make state armories available to communities for youth 
 33.3   recreational and enrichment activities. 
 33.4      Any balance in the first year does not cancel but is 
 33.5   available in the second year. 
 33.6      Subd. 6.  [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 
 33.7   funds received under Minnesota Statutes, section 171.29, 
 33.8   subdivision 2, paragraph (b), clause (4): 
 33.9        $200,000       .....     2000
 33.10       $200,000       .....     2001
 33.11     (b) These appropriations are from the alcohol-impaired 
 33.12  driver account of the special revenue fund to the department of 
 33.13  children, families, and learning for chemical abuse prevention 
 33.14  grants.  
 33.15     Sec. 2.  [REPEALER.] 
 33.16     Minnesota Statutes 1998, section 124D.22, is repealed. 
 33.17                             ARTICLE 4 
 33.18               SELF-SUFFICIENCY AND LIFELONG LEARNING 
 33.19     Section 1.  Minnesota Statutes 1998, section 16B.405, 
 33.20  subdivision 2, is amended to read: 
 33.21     Subd. 2.  [SOFTWARE SALE FUND.] (a) Except as provided in 
 33.22  paragraph (b), proceeds of the sale or licensing of software 
 33.23  products or services by the commissioner must be credited to the 
 33.24  intertechnologies revolving fund.  If a state agency other than 
 33.25  the department of administration has contributed to the 
 33.26  development of software sold or licensed under this section, the 
 33.27  commissioner may reimburse the agency by discounting computer 
 33.28  services provided to that agency. 
 33.29     (b) Proceeds of the sale or licensing of software products 
 33.30  or services developed by the pollution control agency, or custom 
 33.31  developed by a vendor for the agency, must be credited to the 
 33.32  environmental fund. 
 33.33     (c) Proceeds of the sale or licensing of software products 
 33.34  or services developed by the department of children, families, 
 33.35  and learning, or custom developed by a vendor for the agency, to 
 33.36  support the achieved savings assessment program, must be 
 34.1   credited to the weatherization program to support weatherization 
 34.2   activities. 
 34.3      Sec. 2.  Minnesota Statutes 1998, section 124D.53, 
 34.4   subdivision 3, is amended to read: 
 34.5      Subd. 3.  [AID.] Adult basic education aid for each 
 34.6   approved program equals 65 percent of the general education 
 34.7   formula allowance $2,295 for fiscal year 2000 and $2,338 for 
 34.8   fiscal year 2001 and later fiscal years times the number of 
 34.9   full-time equivalent students in its adult basic education 
 34.10  program. 
 34.11     Sec. 3.  Minnesota Statutes 1998, section 124D.54, 
 34.12  subdivision 1, is amended to read: 
 34.13     Subdivision 1.  [AID ELIGIBILITY.] For fiscal years 1998 
 34.14  and later, Adult high school graduation aid for eligible pupils 
 34.15  age 21 or over, equals 65 percent of the general education 
 34.16  formula allowance $2,295 for fiscal year 2000 and $2,338 for 
 34.17  fiscal year 2001 and later fiscal years times 1.30 times the 
 34.18  average daily membership under section 126C.05, subdivision 12.  
 34.19  Adult high school graduation aid must be paid in addition to any 
 34.20  other aid to the district.  Pupils age 21 or over may not be 
 34.21  counted by the district for any purpose other than adult high 
 34.22  school graduation aid. 
 34.23     Sec. 4.  [APPROPRIATIONS.] 
 34.24     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 34.25  LEARNING.] The sums indicated in this section are appropriated 
 34.26  from the general fund to the department of children, families, 
 34.27  and learning for the fiscal years designated. 
 34.28     Subd. 2.  [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 
 34.29  Minnesota economic opportunity grants: 
 34.30       $8,514,000    .....     2000
 34.31       $8,514,000    .....     2001
 34.32     Any balance in the first year does not cancel but is 
 34.33  available in the second year. 
 34.34     Subd. 3.  [TRANSITIONAL HOUSING PROGRAMS.] For transitional 
 34.35  housing programs according to Minnesota Statutes, section 
 34.36  119A.43: 
 35.1        $1,642,000     .....     2000
 35.2        $1,642,000     .....     2001
 35.3      Any balance in the first year does not cancel but is 
 35.4   available in the second year. 
 35.5      Subd. 4.  [FOOD BANK PROGRAM.] For foodshelf programs 
 35.6   according to Minnesota Statutes, section 119A.44: 
 35.7        $1,228,000     .....     2000
 35.8        $1,228,000     .....     2001
 35.9      Any balance in the first year does not cancel but is 
 35.10  available in the second year. 
 35.11     Subd. 5.  [ADULT BASIC EDUCATION AID.] For adult basic 
 35.12  education aid according to Minnesota Statutes, section 124D.52 
 35.13  in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 
 35.14  fiscal year 2001:  
 35.15       $19,104,000    .....     2000
 35.16       $22,545,000    .....     2001 
 35.17     The 2000 appropriation includes $1,227,000 for 1999 and 
 35.18  $17,877,000 for 2000.  
 35.19     The 2001 appropriation includes $1,986,000 for 2000 and 
 35.20  $20,559,000 for 2001.  
 35.21     Subd. 6.  [ADULT GRADUATION AID.] For adult graduation aid 
 35.22  according to Minnesota Statutes, section 124D.54: 
 35.23       $4,264,000     .....     2000
 35.24       $4,852,000     .....     2001
 35.25     The 2000 appropriation includes $258,000 for 1999 and 
 35.26  $4,006,000 for 2000.  
 35.27     The 2001 appropriation includes $445,000 for 2000 and 
 35.28  $4,407,000 for 2001.  
 35.29     Subd. 7.  [GED TESTS.] For payment of 60 percent of the 
 35.30  costs of GED tests according to Laws 1993, chapter 224, article 
 35.31  4, section 44, subdivision 10: 
 35.32       $125,000       .....     2000
 35.33       $125,000       .....     2001
 35.34     Any balance in the first year does not cancel but is 
 35.35  available in the second year. 
 35.36     Sec. 5.  [REPEALER.] 
 36.1      Minnesota Statutes 1998, section 119A.46, is repealed.