1.1 A bill for an act
1.2 relating to children; clarifying certain terms and
1.3 applicability of certain programs; providing for
1.4 licensing assistance, outreach, and training; allowing
1.5 grants for school-age child care programs; allowing
1.6 certain grants for statewide adult basic education;
1.7 providing for review of certain orders by the
1.8 commissioner of children, families, and learning;
1.9 establishing a cash flow account for energy assistance
1.10 funds; allowing migrant and seasonal farmworkers to
1.11 carry out community action programs; changing
1.12 provisions for family day care licensure;
1.13 appropriating money; amending Minnesota Statutes 1996,
1.14 sections 119B.10, by adding a subdivision; 119B.18,
1.15 subdivision 2, and by adding subdivisions; 119B.19,
1.16 subdivisions 1, 4, and by adding subdivisions;
1.17 120.1701, subdivision 5; 121.8355, by adding a
1.18 subdivision; 124.26, subdivision 1c; 245A.06,
1.19 subdivision 2; 256.045, subdivision 6, and by adding a
1.20 subdivision; 268.52, subdivisions 1 and 2; 268.54,
1.21 subdivision 2; and 290.067, subdivision 2; Minnesota
1.22 Statutes 1997 Supplement, sections 119B.01,
1.23 subdivision 16; 119B.02; 119B.061, subdivisions 1, 2,
1.24 3, and 4; 119B.075; 119B.10, subdivision 1; 119B.13,
1.25 subdivisions 1 and 6; 119B.21, subdivisions 2, 4, 5,
1.26 and 11; 121.88, subdivision 10; 256.045, subdivision
1.27 7; 268.53, subdivision 5; and 466.01, subdivision 1;
1.28 Laws 1997, chapter 162, article 1, section 18,
1.29 subdivision 8; article 3, section 8, subdivision 3;
1.30 article 4, section 63, subdivisions 2 and 3; Laws
1.31 1997, chapter 248, section 47, subdivision 1; Laws
1.32 1997, First Special Session chapter 4, article 10,
1.33 section 3, subdivision 2; and Laws 1997, First Special
1.34 Session chapter 5, section 29; proposing coding for
1.35 new law in Minnesota Statutes, chapter 268.
1.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.37 ARTICLE 1
1.38 POLICY
1.39 Section 1. Minnesota Statutes 1997 Supplement, section
1.40 119B.01, subdivision 16, is amended to read:
2.1 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year
2.2 families" means families who have received AFDC for at least
2.3 three of the last six months before losing eligibility for
2.4 AFDC or MFIP-S due to increased hours of employment, increased
2.5 income from employment or child or spousal support, or the loss
2.6 of income disregards due to time limitations. Transition year
2.7 child care may be used to support employment or job search.
2.8 Sec. 2. Minnesota Statutes 1997 Supplement, section
2.9 119B.02, is amended to read:
2.10 119B.02 [DUTIES OF COMMISSIONER.]
2.11 Subdivision 1. [RESPONSIBILITY FOR CHILD CARE SERVICES.]
2.12 The commissioner shall develop standards for county and human
2.13 services boards to provide child care services to enable
2.14 eligible families to participate in employment, training, or
2.15 education programs. Within the limits of available
2.16 appropriations, the commissioner shall distribute money to
2.17 counties to reduce the costs of child care for eligible
2.18 families. The commissioner shall adopt rules to govern the
2.19 program in accordance with this section. The rules must
2.20 establish a sliding schedule of fees for parents receiving child
2.21 care services. The rules shall provide that funds received as a
2.22 lump sum payment of child support arrearages shall not be
2.23 counted as income to a family in the month received but shall be
2.24 prorated over the 12 months following receipt and added to the
2.25 family income during those months. In the rules adopted under
2.26 this section, county and human services boards shall be
2.27 authorized to establish policies for payment of child care
2.28 spaces for absent children, when the payment is required by the
2.29 child's regular provider. The rules shall not set a maximum
2.30 number of days for which absence payments can be made, but
2.31 instead shall direct the county agency to set limits and pay for
2.32 absences according to the prevailing market practice in the
2.33 county. County policies for payment of absences shall be
2.34 subject to the approval of the commissioner. The commissioner
2.35 shall maximize the use of federal money in section 256.736 and
2.36 other programs that provide federal or state reimbursement for
3.1 child care services for low-income families who are in
3.2 education, training, job search, or other activities allowed
3.3 under those programs. Money appropriated under this section
3.4 must be coordinated with the programs that provide federal
3.5 reimbursement for child care services to accomplish this
3.6 purpose. Federal reimbursement obtained must be allocated to
3.7 the county that spent money for child care that is federally
3.8 reimbursable under programs that provide federal reimbursement
3.9 for child care services. The counties shall use the federal
3.10 money to expand child care services. The commissioner may adopt
3.11 rules under chapter 14 to implement and coordinate federal
3.12 program requirements.
3.13 Subd. 2. [SUPERVISION OF COUNTIES.] The commissioner shall
3.14 supervise child care programs administered by the counties
3.15 through standard-setting, technical assistance to the counties,
3.16 approval of county plans, and distribution of public money for
3.17 services. The commissioner shall provide training and other
3.18 support services to assist counties in planning for and
3.19 implementing child care assistance programs. The commissioner
3.20 shall establish minimum administrative and service standards for
3.21 the provision of child care social services by county boards of
3.22 commissioners through the promulgation of a permanent
3.23 administrative rule under chapter 14.
3.24 Sec. 3. Minnesota Statutes 1997 Supplement, section
3.25 119B.061, subdivision 1, is amended to read:
3.26 Subdivision 1. [ESTABLISHMENT.] Beginning July 1, 1998, a
3.27 family receiving or eligible to in which a parent provides care
3.28 for the family's infant child may receive a subsidy in lieu of
3.29 assistance if the family is eligible for, or is receiving
3.30 assistance under the basic sliding fee program is eligible for
3.31 assistance for a parent to provide short-term child care for the
3.32 family's infant child. An eligible family must meet the
3.33 eligibility factors under section 119B.09, the income criteria
3.34 under section 119B.12, and the requirements of this section.
3.35 The commissioner shall establish a pool of up to seven percent
3.36 of the annual appropriation for the basic sliding fee program to
4.1 provide assistance under the at-home infant child care program.
4.2 At the end of the fiscal year, any unspent funds must be used
4.3 for assistance under the basic sliding fee program.
4.4 Sec. 4. Minnesota Statutes 1997 Supplement, section
4.5 119B.061, subdivision 2, is amended to read:
4.6 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant
4.7 under the age of one year is eligible for assistance if:
4.8 (1) the family is not receiving MFIP-S, other cash
4.9 assistance, or other child care assistance;
4.10 (2) the family has not previously received all of the
4.11 one-year exemption from the work requirement for infant care
4.12 under the MFIP-S program;
4.13 (3) the family has not previously received a life-long
4.14 total of 12 months of assistance under this section; and
4.15 (4) the family is participating in the basic sliding fee
4.16 program or, for the first child in a family, provides
4.17 verification of employment at the time of application and meets
4.18 the program requirements.
4.19 Sec. 5. Minnesota Statutes 1997 Supplement, section
4.20 119B.061, subdivision 3, is amended to read:
4.21 Subd. 3. [ELIGIBLE PARENT.] Only A family is eligible for
4.22 assistance under this section if one parent, in a two-parent
4.23 family, is eligible for assistance cares for the family's infant
4.24 child. The eligible parent must:
4.25 (1) be over the age of 18;
4.26 (2) provide care for the infant full-time care for the
4.27 child in the child's home; and
4.28 (3) provide child care for any other children in the family
4.29 that who are eligible for child care assistance under chapter
4.30 119B.
4.31 Sec. 6. Minnesota Statutes 1997 Supplement, section
4.32 119B.061, subdivision 4, is amended to read:
4.33 Subd. 4. [ASSISTANCE.] (a) A family is limited to a
4.34 lifetime total of 12 months of assistance under this section.
4.35 The maximum rate of assistance must be at 75 percent of the rate
4.36 established under section 119B.13 for care of infants in
5.1 licensed family day care in the applicant's county of
5.2 residence. Assistance must be calculated to reflect the copay
5.3 requirement and the family's income level.
5.4 (b) A participating family must continue to report income
5.5 and other family changes as specified in the county's plan under
5.6 section 119B.08, subdivision 3. The family must treat any
5.7 assistance received under this section as unearned income.
5.8 (c) Participation in the at-home infant child care program
5.9 must be considered participation in the basic sliding fee
5.10 program for purposes of continuing eligibility under section
5.11 119B.03, subdivision 3.
5.12 (d) The time that a family that receives assistance under
5.13 this section is ineligible for must be deducted from the
5.14 one-year exemption from work requirements under the MFIP-S
5.15 program.
5.16 (e) Assistance under this section does not establish an
5.17 employer-employee relationship between any member of the
5.18 assisted family and the county or state.
5.19 Sec. 7. Minnesota Statutes 1997 Supplement, section
5.20 119B.075, is amended to read:
5.21 119B.075 [CHILD CARE RESERVE ACCOUNT.]
5.22 A reserve account must be created within the general fund
5.23 for all unexpended basic sliding fee child care, TANF child
5.24 care, or other child care funds under the jurisdiction of the
5.25 commissioner. Any funds for those purposes that are unexpended
5.26 at the end of a biennium must be deposited in this reserve
5.27 account, and may be appropriated on an ongoing basis by the
5.28 commissioner for basic sliding fee child care or TANF child
5.29 care. A child care reserve account is created in the state
5.30 treasury. Funds appropriated for child care assistance and
5.31 development to the commissioner that are not expended in the
5.32 biennium beginning July 1, 1997, must be retained in the reserve
5.33 account to be expended for child care programs in fiscal year
5.34 2000 and subsequent fiscal years.
5.35 Sec. 8. Minnesota Statutes 1997 Supplement, section
5.36 119B.10, subdivision 1, is amended to read:
6.1 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND
6.2 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment
6.3 and who are eligible for assistance under this section are
6.4 eligible to receive up to 240 hours of child care assistance per
6.5 calendar year.
6.6 (b) Employed persons who work at least an average of 20 and
6.7 full-time students who work at least an average of ten hours a
6.8 week and receive at least a minimum wage for all hours worked
6.9 are eligible for continued child care assistance for
6.10 employment. Child care assistance during employment must be
6.11 authorized as provided in paragraphs (c) and (d).
6.12 (c) When the caregiver works for an hourly wage and the
6.13 hourly wage is equal to or greater than the applicable minimum
6.14 wage, child care assistance shall be provided for the actual
6.15 hours of employment, break, and mealtime during the employment
6.16 and travel time up to two hours per day.
6.17 (d) When the caregiver does not work for an hourly wage,
6.18 child care assistance must be provided for the lesser of:
6.19 (1) the amount of child care determined by dividing gross
6.20 earned income by the applicable minimum wage, up to one hour
6.21 every eight hours for meals and break time, plus up to two hours
6.22 per day for travel time; or
6.23 (2) the amount of child care equal to the actual amount of
6.24 child care used during employment, including break and mealtime
6.25 during employment, and travel time up to two hours per day.
6.26 Sec. 9. Minnesota Statutes 1996, section 119B.10, is
6.27 amended by adding a subdivision to read:
6.28 Subd. 3. [SELF-EMPLOYMENT EXCEPTION.] For assistance under
6.29 section 119B.03, a caregiver who has a business plan for
6.30 self-employment is exempt for up to six months from the minimum
6.31 wage requirements under subdivision 1, paragraph (d), clause
6.32 (1). The caregiver must demonstrate that the business plan has
6.33 been developed and reviewed by an organization that specializes
6.34 in business assistance including, but not limited to, a
6.35 community development corporation, a small business assistance
6.36 center, or an organization affiliated with the Minnesota Micro
7.1 Enterprise Association. The caregiver must meet all other
7.2 eligibility requirements for assistance under the basic sliding
7.3 fee program.
7.4 Sec. 10. Minnesota Statutes 1997 Supplement, section
7.5 119B.13, subdivision 1, is amended to read:
7.6 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1,
7.7 1991, the maximum rate paid for child care assistance under the
7.8 child care fund is the maximum rate eligible for federal
7.9 reimbursement. The rate may not exceed the 75th percentile rate
7.10 for like-care arrangements in the county as surveyed by the
7.11 commissioner. A rate which includes a provider bonus paid under
7.12 subdivision 2 or a special needs rate paid under subdivision 3
7.13 may be in excess of the maximum rate allowed under this
7.14 subdivision. The department of children, families, and learning
7.15 shall monitor the effect of this paragraph on provider rates.
7.16 The county shall pay the provider's full charges for every child
7.17 in care up to the maximum established. The commissioner shall
7.18 determine the maximum rate for each type of care, including
7.19 special needs and handicapped care. Not less than once every
7.20 two years, the county shall evaluate rates market practices for
7.21 payment of absent spaces absences and shall establish policies
7.22 for payment of absent days that reflect current market practice.
7.23 When the provider charge is greater than the maximum
7.24 provider rate allowed, the parent is responsible for payment of
7.25 the difference in the rates in addition to any family copayment
7.26 fee.
7.27 Sec. 11. Minnesota Statutes 1997 Supplement, section
7.28 119B.13, subdivision 6, is amended to read:
7.29 Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor
7.30 payments to the child care provider, or may pay the parent
7.31 directly for eligible child care expenses if the county has
7.32 established procedures and requires documentation to ensure that
7.33 the payment is used for child care. A parent who receives a
7.34 direct child care payment must provide the documentation, as
7.35 required by the county, that the payment was used for eligible
7.36 child care expenses. If payments for child care assistance are
8.1 made to providers, the provider shall bill the county for
8.2 services provided within ten days of the end of the month of
8.3 service. If bills are submitted in accordance with the
8.4 provisions of this subdivision, a county shall issue payment to
8.5 the provider of child care under the child care fund within 30
8.6 days of receiving an invoice from the provider. Counties may
8.7 establish policies that make payments on a more frequent basis.
8.8 A county's payment policies must be included in the county's
8.9 child care plan under section 119B.08, subdivision 3.
8.10 Sec. 12. Minnesota Statutes 1996, section 119B.18,
8.11 subdivision 2, is amended to read:
8.12 Subd. 2. [DUTIES.] The regional resource and referral
8.13 program shall have the duties specified in section 119B.19. In
8.14 addition, the regional program shall be responsible for
8.15 establishing new or collaborating with existing community-based
8.16 committees such as interagency early intervention committees or
8.17 neighborhood groups to advocate for child care needs in the
8.18 community, including school-age care needs, as well as serve as
8.19 important local resources for children and their families.
8.20 Sec. 13. Minnesota Statutes 1996, section 119B.18, is
8.21 amended by adding a subdivision to read:
8.22 Subd. 4. [BUSINESS PRACTICES ASSISTANCE.] The regional
8.23 resource and referral programs may provide technical assistance
8.24 on sound business practices to start-up and established child
8.25 care providers. The assistance may include business planning
8.26 and effective business management practices for family child
8.27 care providers, business-based providers, child care centers,
8.28 providers who offer care during nonstandard hours, and other
8.29 child care facilities.
8.30 Sec. 14. Minnesota Statutes 1996, section 119B.18, is
8.31 amended by adding a subdivision to read:
8.32 Subd. 5. [PRELICENSING ASSISTANCE.] The regional child
8.33 care resource and referral programs may act as a liaison and
8.34 provide technical assistance to start-up and expanding child
8.35 care providers. Assistance to achieve licensure for child care
8.36 facilities may include identifying the necessary code and
9.1 licensing requirements and coordinating prelicensing conferences
9.2 or prelicensing assessments with state and local officials.
9.3 Sec. 15. Minnesota Statutes 1996, section 119B.19,
9.4 subdivision 1, is amended to read:
9.5 Subdivision 1. [AUTHORITY.] The commissioner of children,
9.6 families, and learning may make grants to public or private
9.7 nonprofit agencies for the planning, establishment, expansion,
9.8 improvement, or operation of child care resource and referral
9.9 programs and child care services, including school-age care
9.10 programs, according to the provisions of this section and may
9.11 make grants to county boards to carry out the purposes of
9.12 sections 119B.19 to 119B.21.
9.13 Sec. 16. Minnesota Statutes 1996, section 119B.19, is
9.14 amended by adding a subdivision to read:
9.15 Subd. 3a. [PROGRAM SERVICES; SCHOOL-AGE CARE.] The
9.16 commissioner may make grants to public or private nonprofit
9.17 entities to fund school-age care programs. School-age care
9.18 programs shall meet the requirements of section 121.88,
9.19 subdivision 10.
9.20 Sec. 17. Minnesota Statutes 1996, section 119B.19,
9.21 subdivision 4, is amended to read:
9.22 Subd. 4. [GRANT REQUIREMENTS AND PRIORITY.] Priority for
9.23 awarding resource and referral grants shall be given in the
9.24 following order:
9.25 (1) start up resource and referral programs in areas of the
9.26 state where they do not exist; and
9.27 (2) improve resource and referral programs.
9.28 Resource and referral programs shall meet the following
9.29 requirements:
9.30 (a) Each program shall identify all existing child care
9.31 services through information provided by all relevant public and
9.32 private agencies in the areas of service, and shall develop a
9.33 resource file of the services which shall be maintained and
9.34 updated at least quarterly. These services must include family
9.35 day care homes; public and private day care programs; full-time
9.36 and part-time programs; infant, preschool, and extended care
10.1 programs; and programs for school-age children.
10.2 The resource file must include: the type of program, hours
10.3 of program service, ages of children served, fees, location of
10.4 the program, eligibility requirements for enrollment, special
10.5 needs services, and transportation available to the program.
10.6 The file may also include program information and special
10.7 program features.
10.8 (b) Each resource and referral program shall establish a
10.9 referral process which responds to parental need for information
10.10 and which fully recognizes confidentiality rights of parents.
10.11 The referral process must afford parents maximum access to all
10.12 referral information. This access must include telephone
10.13 referral available for no less than 20 hours per week.
10.14 Each child care resource and referral agency shall
10.15 publicize its services through popular media sources, agencies,
10.16 employers, and other appropriate methods.
10.17 (c) Each resource and referral program shall maintain
10.18 ongoing documentation of requests for service. All child care
10.19 resource and referral agencies must maintain documentation of
10.20 the number of calls and contacts to the child care information
10.21 and referral agency or component. A resource and referral
10.22 program shall collect and maintain the following information:
10.23 (1) ages of children served;
10.24 (2) time category of child care request for each child;
10.25 (3) special time category, such as nights, weekends, and
10.26 swing shift; and
10.27 (4) reason that the child care is needed.
10.28 (d) Each resource and referral program shall make available
10.29 the following information as an educational aid to parents:
10.30 (1) information on aspects of evaluating the quality and
10.31 suitability of child care services, including licensing
10.32 regulation, financial assistance available, child abuse
10.33 reporting procedures, appropriate child development information;
10.34 (2) information on available parent, early childhood, and
10.35 family education programs in the community.
10.36 (e) On or after one year of operation a resource and
11.1 referral program shall provide technical assistance to employers
11.2 and existing and potential providers of all types of child care
11.3 services. This assistance shall include:
11.4 (1) information on all aspects of initiating new child care
11.5 services including licensing, zoning, program and budget
11.6 development, and assistance in finding information from other
11.7 sources;
11.8 (2) information and resources which help existing child
11.9 care providers to maximize their ability to serve the children
11.10 and parents of their community;
11.11 (3) dissemination of information on current public issues
11.12 affecting the local and state delivery of child care services;
11.13 (4) facilitation of communication between existing child
11.14 care providers and child-related services in the community
11.15 served;
11.16 (5) recruitment of licensed providers; and
11.17 (6) options, and the benefits available to employers
11.18 utilizing the various options, to expand child care services to
11.19 employees.
11.20 Services prescribed by this section must be designed to
11.21 maximize parental choice in the selection of child care and to
11.22 facilitate the maintenance and development of child care
11.23 services and resources.
11.24 (f) Child care resource and referral information must be
11.25 provided to all persons requesting services and to all types of
11.26 child care providers and employers.
11.27 (g) Each resource and referral program shall coordinate
11.28 early childhood training for child care providers in that
11.29 program's service delivery area. The resource and referral
11.30 program shall convene an early childhood care and education
11.31 training advisory committee to assist in the following
11.32 activities:
11.33 (1) assess the early childhood care and education training
11.34 needs of child care center staff and family and group family
11.35 child care providers, including both the needs related to early
11.36 childhood development and to the development of school-age
12.1 children;
12.2 (2) coordinate existing both early childhood and school-age
12.3 care and education training;
12.4 (3) develop new early childhood and school-age care and
12.5 education training opportunities; and
12.6 (4) publicize all early childhood and school-age training
12.7 classes and workshops to child care center staff and family and
12.8 group family child care providers in the service delivery area.
12.9 (h) Public or private entities may apply to the
12.10 commissioner for funding. A local match of up to 25 percent is
12.11 required.
12.12 Sec. 18. Minnesota Statutes 1996, section 119B.19, is
12.13 amended by adding a subdivision to read:
12.14 Subd. 4a. [GRANT REQUIREMENTS.] (a) Each school-age care
12.15 program shall work with the resource and referral program in the
12.16 geographic region to coordinate training for school-age care
12.17 providers in that program's service delivery area.
12.18 (b) Public or private entities may apply to the
12.19 commissioner for funding. A local match of up to 25 percent is
12.20 required.
12.21 Sec. 19. Minnesota Statutes 1997 Supplement, section
12.22 119B.21, subdivision 2, is amended to read:
12.23 Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner
12.24 shall allocate grant money appropriated for child care service
12.25 development among the development regions designated by the
12.26 governor under section 462.385, considering the following
12.27 factors for each economic development region:
12.28 (1) the number of children under 13 14 years of age needing
12.29 child care in the service area;
12.30 (2) the geographic area served by the agency;
12.31 (3) the ratio of children under 13 14 years of age needing
12.32 child care to the number of licensed spaces in the service area;
12.33 (4) the number of licensed child care providers and
12.34 extended day school-age child care programs in the service area;
12.35 and
12.36 (5) other related factors determined by the commissioner.
13.1 (b) Out of the amount allocated for each economic
13.2 development region, the commissioner shall award grants based on
13.3 the recommendation of the child care regional advisory
13.4 committees. In addition, the commissioner shall award no more
13.5 than 75 percent of the money either to child care facilities for
13.6 the purpose of facility improvement or interim financing or to
13.7 child care workers for staff training expenses.
13.8 (c) Any funds unobligated may be used by the commissioner
13.9 to award grants to proposals that received funding
13.10 recommendations by the regional advisory committees but were not
13.11 awarded due to insufficient funds.
13.12 (d) The commissioner may allocate grants under this section
13.13 for a two-year period and may carry forward funds from the first
13.14 year as necessary.
13.15 Sec. 20. Minnesota Statutes 1997 Supplement, section
13.16 119B.21, subdivision 4, is amended to read:
13.17 Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE
13.18 AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate
13.19 funds appropriated for child care resource and referral services
13.20 considering the following factors for each economic development
13.21 region served by the child care resource and referral agency:
13.22 (1) the number of children under 13 14 years of age needing
13.23 child care in the service area;
13.24 (2) the geographic area served by the agency;
13.25 (3) the ratio of children under 13 14 years of age needing
13.26 care to the number of licensed spaces in the service area;
13.27 (4) the number of licensed child care providers and
13.28 extended day school-age child care programs in the service area;
13.29 and
13.30 (5) other related factors determined by the commissioner.
13.31 (b) The commissioner may renew grants to existing resource
13.32 and referral agencies that have met state standards and have
13.33 been designated as the child care resource and referral service
13.34 for a particular geographical area. The recipients of renewal
13.35 grants are exempt from the proposal review process.
13.36 Sec. 21. Minnesota Statutes 1997 Supplement, section
14.1 119B.21, subdivision 5, is amended to read:
14.2 Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT
14.3 MAY BE AWARDED.] The commissioner may award grants for:
14.4 (1) child care service development grants for the following
14.5 purposes:
14.6 (i) for creating new licensed day care facilities and
14.7 expanding existing facilities, including, but not limited to,
14.8 supplies, equipment, facility renovation, and remodeling;
14.9 (ii) for improving licensed day care facility programs,
14.10 including, but not limited to, center accreditation, incentives
14.11 for staff retention, staff specialists, staff training,
14.12 supplies, equipment, and facility renovation and remodeling;
14.13 (iii) for supportive child development services including,
14.14 but not limited to, in-service training, curriculum development,
14.15 consulting specialist, resource centers, and program and
14.16 resource materials;
14.17 (iv) for carrying out programs including, but not limited
14.18 to, staff, supplies, equipment, facility renovation, and
14.19 training;
14.20 (v) for interim financing;
14.21 (vi) family child care technical assistance awards; and
14.22 (vii) for capacity building through the purchase of
14.23 appropriate technology and software, and staff training to
14.24 create, enhance, and maintain financial systems for
14.25 facilities; and
14.26 (viii) for promoting cooperation and coordination in
14.27 school-age care programs between school districts, community
14.28 education, park boards, after school programs, and other
14.29 programs serving school-age children;
14.30 (2) child care resource and referral program services
14.31 identified in section 119B.19, subdivision 3; or
14.32 (3) targeted recruitment initiatives to expand and build
14.33 capacity of the child care system, including, but not limited
14.34 to, increasing child care services during nonstandard hours; or
14.35 (4) school-age care programs.
14.36 Sec. 22. Minnesota Statutes 1997 Supplement, section
15.1 119B.21, subdivision 11, is amended to read:
15.2 Subd. 11. [ADVISORY TASK FORCE.] The commissioner may
15.3 convene a statewide advisory task force which shall advise the
15.4 commissioner on grants or other child care issues. The
15.5 following constituent groups must be represented: family child
15.6 care providers, center providers, parent users, health services,
15.7 social services, Head Start, public schools, employers, and
15.8 other citizens with demonstrated interest in child care issues.
15.9 Each regional grant review committee formed under subdivision 3,
15.10 shall appoint a representative to the advisory task force.
15.11 Additional members may be appointed by the commissioner. The
15.12 commissioner may convene meetings of the task force as needed.
15.13 Terms of office and removal from office are governed by the
15.14 appointing body. The commissioner may compensate members for
15.15 their travel, child care, and child care provider substitute
15.16 expenses for meetings of the task force.
15.17 Sec. 23. Minnesota Statutes 1996, section 120.1701,
15.18 subdivision 5, is amended to read:
15.19 Subd. 5. [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a)
15.20 A school district, group of districts, or special education
15.21 cooperative, in cooperation with the health and human service
15.22 agencies located in the county or counties in which the district
15.23 or cooperative is located, shall establish an interagency early
15.24 intervention committee for children with disabilities under age
15.25 five and their families. Committees shall include
15.26 representatives of local and regional health, education, and
15.27 county human service agencies; county boards; school boards;
15.28 early childhood family education programs; child care programs
15.29 and providers; parents of young children with disabilities under
15.30 age 12; current service providers; and may also include
15.31 representatives from other private or public agencies. The
15.32 committee shall elect a chair from among its members and shall
15.33 meet at least quarterly.
15.34 (b) The committee shall develop and implement interagency
15.35 policies and procedures concerning the following ongoing duties:
15.36 (1) develop public awareness systems designed to inform
16.1 potential recipient families of available programs and services;
16.2 (2) implement interagency child find systems designed to
16.3 actively seek out, identify, and refer infants and young
16.4 children with, or at risk of, disabilities and their families;
16.5 (3) establish and evaluate the identification, referral,
16.6 child and family assessment systems, procedural safeguard
16.7 process, and community learning systems to recommend, where
16.8 necessary, alterations and improvements;
16.9 (4) assure the development of individualized family service
16.10 plans for all eligible infants and toddlers with disabilities
16.11 from birth through age two, and their families, and individual
16.12 education plans and individual service plans when necessary to
16.13 appropriately serve children with disabilities, age three and
16.14 older, and their families and recommend assignment of financial
16.15 responsibilities to the appropriate agencies. Agencies are
16.16 encouraged to develop individual family service plans for
16.17 children with disabilities, age three and older;
16.18 (5) implement a process for assuring that services involve
16.19 cooperating agencies at all steps leading to individualized
16.20 programs;
16.21 (6) facilitate the development of a transitional plan if a
16.22 service provider is not recommended to continue to provide
16.23 services;
16.24 (7) identify the current services and funding being
16.25 provided within the community for children with disabilities
16.26 under age five and their families;
16.27 (8) develop a plan for the allocation and expenditure of
16.28 additional state and federal early intervention funds under
16.29 United States Code, title 20, section 1471 et seq. (Part H,
16.30 Public Law Number 102-119) and United States Code, title 20,
16.31 section 631, et seq. (Chapter I, Public Law Number 89-313); and
16.32 (9) develop a policy that is consistent with section 13.05,
16.33 subdivision 9, and federal law to enable a member of an
16.34 interagency early intervention committee to allow another member
16.35 access to data classified as not public; and
16.36 (10) identify the child care services available in the
17.1 community for children with disabilities and facilitate a
17.2 process for the integration and coordination of child care
17.3 services with other services provided to children with
17.4 disabilities.
17.5 (c) The local committee shall also:
17.6 (1) participate in needs assessments and program planning
17.7 activities conducted by local social service, health and
17.8 education agencies for young children with disabilities and
17.9 their families;
17.10 (2) review and comment on the early intervention section of
17.11 the total special education system for the district, the county
17.12 social service plan, the section or sections of the community
17.13 health services plan that address needs of and service
17.14 activities targeted to children with special health care needs,
17.15 and the section of the maternal and child health special project
17.16 grants that address needs of and service activities targeted to
17.17 children with chronic illness and disabilities; and
17.18 (3) prepare a yearly summary on the progress of the
17.19 community in serving young children with disabilities, and their
17.20 families, including the expenditure of funds, the identification
17.21 of unmet service needs identified on the individual family
17.22 services plan and other individualized plans, and local, state,
17.23 and federal policies impeding the implementation of this section.
17.24 (d) The summary must be organized following a format
17.25 prescribed by the commissioner of the state lead agency and must
17.26 be submitted to each of the local agencies and to the state
17.27 interagency coordinating council by October 1 of each year.
17.28 The departments of children, families, and learning,
17.29 health, and human services must provide assistance to the local
17.30 agencies in developing cooperative plans for providing services.
17.31 Sec. 24. Minnesota Statutes 1996, section 121.8355, is
17.32 amended by adding a subdivision to read:
17.33 Subd. 2b. [INSURANCE.] The commissioner of children,
17.34 families, and learning may designate one collaborative to act as
17.35 a lead collaborative for purposes of obtaining liability
17.36 coverage for participating collaboratives.
18.1 Sec. 25. Minnesota Statutes 1997 Supplement, section
18.2 121.88, subdivision 10, is amended to read:
18.3 Subd. 10. [EXTENDED DAY SCHOOL-AGE CARE PROGRAMS.] (a) A
18.4 school board may offer, as part of a community education
18.5 program, an extended day a school-age care program for children
18.6 from kindergarten through grade 6 for the purpose of expanding
18.7 students' learning opportunities. If the school board chooses
18.8 not to offer a school-age care program, it may allow an
18.9 appropriate insured community group, for profit entity or
18.10 nonprofit organization to use available school facilities for
18.11 the purpose of offering a school-age care program.
18.12 (b) A school-age care program must include the following:
18.13 (1) adult supervised programs while school is not in
18.14 session;
18.15 (2) parental involvement in program design and direction;
18.16 (3) partnerships with the K-12 system, and other public,
18.17 private, or nonprofit entities; and
18.18 (4) opportunities for trained secondary school pupils to
18.19 work with younger children in a supervised setting as part of a
18.20 community service program.; and
18.21 (5) access to available school facilities, including the
18.22 gymnasium, sports equipment, computer labs, and media centers,
18.23 when not otherwise in use as part of the operation of the
18.24 school. The school district may establish reasonable rules
18.25 relating to access to these facilities and may require that:
18.26 (i) the organization request access to the facilities and
18.27 prepare and maintain a schedule of proposed use;
18.28 (ii) the organization provide evidence of adequate
18.29 insurance to cover the activities to be conducted in the
18.30 facilities; and
18.31 (iii) the organization prepare and maintain a plan
18.32 demonstrating the adequacy and training of staff to supervise
18.33 the use of the facilities.
18.34 (b) (c) The district may charge a sliding fee based upon
18.35 family income for extended day school-age care programs. The
18.36 district may receive money from other public or private sources
19.1 for the extended day school-age care program. The school board
19.2 of the district shall develop standards for school-age child
19.3 care programs. Districts with programs in operation before July
19.4 1, 1990, must adopt standards before October 1, 1991. All other
19.5 districts must adopt standards within one year after the
19.6 district first offers services under a program authorized by
19.7 this subdivision. The state board of education may not adopt
19.8 rules for extended day school-age care programs.
19.9 (c) (d) The district shall maintain a separate account
19.10 within the community services fund for all funds related to the
19.11 extended day school-age care program.
19.12 (e) A district is encouraged to coordinate the school-age
19.13 care program with its special education, vocational education,
19.14 adult basic education, early childhood family education
19.15 programs, K-12 instruction and curriculum services, youth
19.16 development and youth service agencies, and with related
19.17 services provided by other governmental agencies and nonprofit
19.18 agencies.
19.19 Sec. 26. Minnesota Statutes 1996, section 124.26,
19.20 subdivision 1c, is amended to read:
19.21 Subd. 1c. [PROGRAM APPROVAL.] (a) To receive aid under
19.22 this section, a district, a consortium of districts, or a
19.23 private nonprofit organization must submit an application by
19.24 June 1 describing the program, on a form provided by the
19.25 department. The program must be approved by the commissioner
19.26 according to the following criteria:
19.27 (1) how the needs of different levels of learning will be
19.28 met;
19.29 (2) for continuing programs, an evaluation of results;
19.30 (3) anticipated number and education level of participants;
19.31 (4) coordination with other resources and services;
19.32 (5) participation in a consortium, if any, and money
19.33 available from other participants;
19.34 (6) management and program design;
19.35 (7) volunteer training and use of volunteers;
19.36 (8) staff development services;
20.1 (9) program sites and schedules; and
20.2 (10) program expenditures that qualify for aid.
20.3 (b) The commissioner may grant adult basic education funds
20.4 to a private, nonprofit organization to provide services that
20.5 are not offered by a district or that are supplemental to a
20.6 district's program. The A program provided under this provision
20.7 must be approved and funded according to the same criteria used
20.8 for district programs under paragraph (c).
20.9 (c) The commissioner may use up to two percent of the
20.10 annual state appropriation for adult basic education for grants
20.11 to nonprofit organizations to provide statewide support
20.12 services, including, but not limited to:
20.13 (1) training literacy volunteers;
20.14 (2) coordinating volunteer literacy programs in schools and
20.15 other locations;
20.16 (3) operating a toll-free telephone referral service for
20.17 adult students and volunteers; and
20.18 (4) promoting literacy awareness.
20.19 In making a grant under this paragraph, the commissioner
20.20 shall consider an organization's prior experience and capacity
20.21 to provide services throughout the state.
20.22 (d) Adult basic education programs may be approved under
20.23 this subdivision for up to five years. Five-year program
20.24 approval shall be granted to an applicant who has demonstrated
20.25 the capacity to:
20.26 (1) offer comprehensive learning opportunities and support
20.27 service choices appropriate for and accessible to adults at all
20.28 basic skill need levels;
20.29 (2) provide a participatory and experiential learning
20.30 approach based on the strengths, interests, and needs of each
20.31 adult, that enables adults with basic skill needs to:
20.32 (i) identify, plan for, and evaluate their own progress
20.33 toward achieving their defined educational and occupational
20.34 goals;
20.35 (ii) master the basic academic reading, writing, and
20.36 computational skills, as well as the problem-solving, decision
21.1 making, interpersonal effectiveness, and other life and learning
21.2 skills they need to function effectively in a changing society;
21.3 (iii) locate and be able to use the health, governmental,
21.4 and social services and resources they need to improve their own
21.5 and their families' lives; and
21.6 (iv) continue their education, if they desire, to at least
21.7 the level of secondary school completion, with the ability to
21.8 secure and benefit from continuing education that will enable
21.9 them to become more employable, productive, and responsible
21.10 citizens;
21.11 (3) plan, coordinate, and develop cooperative agreements
21.12 with community resources to address the needs that the adults
21.13 have for support services, such as transportation, flexible
21.14 course scheduling, convenient class locations, and child care;
21.15 (4) collaborate with business, industry, labor unions, and
21.16 employment-training agencies, as well as with family and
21.17 occupational education providers, to arrange for resources and
21.18 services through which adults can attain economic
21.19 self-sufficiency;
21.20 (5) provide sensitive and well trained adult education
21.21 personnel who participate in local, regional, and statewide
21.22 adult basic education staff development events to master
21.23 effective adult learning and teaching techniques;
21.24 (6) participate in regional adult basic education peer
21.25 program reviews and evaluations; and
21.26 (7) submit accurate and timely performance and fiscal
21.27 reports.
21.28 Sec. 27. Minnesota Statutes 1996, section 245A.06,
21.29 subdivision 2, is amended to read:
21.30 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the
21.31 applicant or license holder believes that the contents of the
21.32 commissioner's correction order are in error, the applicant or
21.33 license holder may ask the department of human services to
21.34 reconsider the parts of the correction order that are alleged to
21.35 be in error. For a family day care facility or a child care
21.36 program, the commissioner's correction order given to the
22.1 applicant or license holder must inform the applicant or license
22.2 holder of the right to request reconsideration by the
22.3 commissioner. The request for reconsideration must be in
22.4 writing and received by the commissioner within 20 calendar days
22.5 after receipt of the correction order by the applicant or
22.6 license holder, and:
22.7 (1) specify the parts of the correction order that are
22.8 alleged to be in error;
22.9 (2) explain why they are in error; and
22.10 (3) include documentation to support the allegation of
22.11 error.
22.12 A request for reconsideration does not stay any provisions
22.13 or requirements of the correction order. The commissioner's
22.14 disposition of a request for reconsideration is final and not
22.15 subject to appeal under chapter 14.
22.16 Sec. 28. Minnesota Statutes 1996, section 256.045, is
22.17 amended by adding a subdivision to read:
22.18 Subd. 3c. [FINAL ORDER IN HEARING UNDER SECTION 119B.16.]
22.19 The state human services referee shall recommend an order to the
22.20 commissioner of children, families, and learning in an appeal
22.21 under section 119B.16. The commissioner shall affirm, reverse,
22.22 or modify the order. An order issued under this subdivision is
22.23 conclusive on the parties unless an appeal is taken under
22.24 subdivision 7.
22.25 Sec. 29. Minnesota Statutes 1996, section 256.045,
22.26 subdivision 6, is amended to read:
22.27 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER;
22.28 SUBPOENAS.] (a) The commissioner of human services, or the
22.29 commissioner of health for matters within the commissioner's
22.30 jurisdiction under subdivision 3b, or the commissioner of
22.31 children, families, and learning for matters within the
22.32 commissioner's jurisdiction under subdivision 3, may initiate a
22.33 review of any action or decision of a county agency and direct
22.34 that the matter be presented to a state human services referee
22.35 for a hearing held under subdivision 3, 3a, 3b, or 4a. In all
22.36 matters dealing with human services committed by law to the
23.1 discretion of the county agency, the commissioner's judgment may
23.2 be substituted for that of the county agency. The commissioner
23.3 may order an independent examination when appropriate.
23.4 (b) Any party to a hearing held pursuant to subdivision 3,
23.5 3a, 3b, or 4a may request that the commissioner issue a subpoena
23.6 to compel the attendance of witnesses at the hearing. The
23.7 issuance, service, and enforcement of subpoenas under this
23.8 subdivision is governed by section 357.22 and the Minnesota
23.9 Rules of Civil Procedure.
23.10 (c) The commissioner may issue a temporary order staying a
23.11 proposed demission by a residential facility licensed under
23.12 chapter 245A while an appeal by a recipient under subdivision 3
23.13 is pending or for the period of time necessary for the county
23.14 agency to implement the commissioner's order.
23.15 Sec. 30. Minnesota Statutes 1997 Supplement, section
23.16 256.045, subdivision 7, is amended to read:
23.17 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health
23.18 plan, any party who is aggrieved by an order of the commissioner
23.19 of human services, or the commissioner of health in appeals
23.20 within the commissioner's jurisdiction under subdivision 3b, or
23.21 the commissioner of children, families, and learning in appeals
23.22 within the commissioner's jurisdiction under subdivision 3, may
23.23 appeal the order to the district court of the county responsible
23.24 for furnishing assistance, or, in appeals under subdivision 3b,
23.25 the county where the maltreatment occurred, by serving a written
23.26 copy of a notice of appeal upon the commissioner and any adverse
23.27 party of record within 30 days after the date the commissioner
23.28 issued the order, the amended order, or order affirming the
23.29 original order, and by filing the original notice and proof of
23.30 service with the court administrator of the district court.
23.31 Service may be made personally or by mail; service by mail is
23.32 complete upon mailing; no filing fee shall be required by the
23.33 court administrator in appeals taken pursuant to this
23.34 subdivision, with the exception of appeals taken under
23.35 subdivision 3b. The commissioner may elect to become a party to
23.36 the proceedings in the district court. Except for appeals under
24.1 subdivision 3b, any party may demand that the commissioner
24.2 furnish all parties to the proceedings with a copy of the
24.3 decision, and a transcript of any testimony, evidence, or other
24.4 supporting papers from the hearing held before the human
24.5 services referee, by serving a written demand upon the
24.6 commissioner within 30 days after service of the notice of
24.7 appeal. Any party aggrieved by the failure of an adverse party
24.8 to obey an order issued by the commissioner under subdivision 5
24.9 may compel performance according to the order in the manner
24.10 prescribed in sections 586.01 to 586.12.
24.11 Sec. 31. [268.372] [DELIVERED FUEL CASH FLOW ACCOUNT.]
24.12 Subdivision 1. [ESTABLISHMENT.] There is established a
24.13 cash flow account in the state treasury from which the
24.14 commissioner of finance may use general fund reserves. These
24.15 reserves may only be used to meet cash demands of increasing
24.16 energy assistance for low-income households who receive energy
24.17 assistance through the federal energy assistance program. The
24.18 commissioner of finance shall administer this account according
24.19 to the provisions of section 16A.129. Money in the account from
24.20 anticipated receivables is available to the commissioner of
24.21 children, families, and learning for the biennium for the
24.22 purposes in this section.
24.23 Subd. 2. [USES OF THE ACCOUNT.] The commissioner may
24.24 advance money from the delivered fuel account to participating
24.25 energy assistance delivery agencies to establish a voluntary
24.26 preseason fuel purchase program. All money advanced from the
24.27 account must be used for preseason fuel purchases or contracts.
24.28 Subd. 3. [DELIVERY AGENCY DUTIES.] Energy assistance
24.29 delivery agencies may request advances from the account to
24.30 obtain preseason delivered fuels through participating fuel
24.31 vendors. The agencies must ensure that any money advanced from
24.32 the account is used to benefit households that are eligible for
24.33 the federal low-income energy assistance program. The energy
24.34 assistance delivery agencies must recruit local fuel vendors to
24.35 participate in the prepurchase program, negotiate fuel price and
24.36 delivery terms, and coordinate services for low-income
25.1 households. Nothing in this section requires fuel vendors to
25.2 participate in a preseason purchase program.
25.3 Subd. 4. [COMMISSIONER RESPONSIBILITY.] The commissioner
25.4 must establish a prepurchase propane program and summer fill
25.5 program for fuel oil to increase the energy assistance available
25.6 to low-income households. The commissioner may advance funds to
25.7 participating energy assistance agencies for the purposes of the
25.8 program. The commissioner must repay the amount of any advances
25.9 from the delivered fuel cash flow account upon receipt of
25.10 federal funds for the low-income energy assistance program. The
25.11 commissioner must annually estimate the amount of federal
25.12 payments that will be available to repay advances for the
25.13 prepurchase fuel program. Advances from the delivered fuel cash
25.14 flow account must not exceed the amount that can be repaid from
25.15 federal funds.
25.16 Sec. 32. Minnesota Statutes 1996, section 268.52,
25.17 subdivision 1, is amended to read:
25.18 Subdivision 1. [AUTHORIZATION.] The commissioner of
25.19 economic security children, families, and learning may provide
25.20 financial assistance for community action agencies, Indian
25.21 reservations and the statewide migrant seasonal farmworker
25.22 organization known as the Minnesota migrant council, and migrant
25.23 and seasonal farmworker organizations to carry out community
25.24 action programs as described in section 268.54 in accordance
25.25 with the omnibus reconciliation act of 1981, Public Law Number
25.26 97-35, as amended in 1984, Public Law Number 98-558, state law,
25.27 and federal law and regulation.
25.28 Sec. 33. Minnesota Statutes 1996, section 268.52,
25.29 subdivision 2, is amended to read:
25.30 Subd. 2. [ALLOCATION OF MONEY.] (a) State money
25.31 appropriated and community service block grant money allotted to
25.32 the state and all money transferred to the community service
25.33 block grant from other block grants shall be allocated annually
25.34 to community action agencies and Indian reservation governments
25.35 under clauses (b) and (c), and to the Minnesota migrant council
25.36 migrant and seasonal farmworker organizations under clause (d).
26.1 (b) The available annual money will provide base funding to
26.2 all community action agencies and the Indian reservations. Base
26.3 funding amounts per agency are as follows: for agencies with
26.4 low income populations up to 3,999, $25,000; 4,000 to 23,999,
26.5 $50,000; and 24,000 or more, $100,000.
26.6 (c) All remaining money of the annual money available after
26.7 the base funding has been determined must be allocated to each
26.8 agency and reservation in proportion to the size of the poverty
26.9 level population in the agency's service area compared to the
26.10 size of the poverty level population in the state.
26.11 (d) Allocation of money to the Minnesota migrant council
26.12 migrant and seasonal farmworker organizations must not exceed
26.13 three percent of the total annual money available. Base funding
26.14 allocations must be made for all community action agencies and
26.15 Indian reservations that received money under this subdivision,
26.16 in fiscal year 1984, and for community action agencies
26.17 designated under this section with a service area population of
26.18 35,000 or greater.
26.19 Sec. 34. Minnesota Statutes 1997 Supplement, section
26.20 268.53, subdivision 5, is amended to read:
26.21 Subd. 5. [FUNCTIONS; POWERS.] A community action agency
26.22 shall:
26.23 (a) Plan systematically for an effective community action
26.24 program; develop information as to the problems and causes of
26.25 poverty in the community; determine how much and how effectively
26.26 assistance is being provided to deal with those problems and
26.27 causes; and establish priorities among projects, activities and
26.28 areas as needed for the best and most efficient use of
26.29 resources;
26.30 (b) Encourage agencies engaged in activities related to the
26.31 community action program to plan for, secure, and administer
26.32 assistance available under section 268.52 or from other sources
26.33 on a common or cooperative basis; provide planning or technical
26.34 assistance to those agencies; and generally, in cooperation with
26.35 community agencies and officials, undertake actions to improve
26.36 existing efforts to reduce poverty, such as improving day-to-day
27.1 communications, closing service gaps, focusing resources on the
27.2 most needy, and providing additional opportunities to low-income
27.3 individuals for regular employment or participation in the
27.4 programs or activities for which those community agencies and
27.5 officials are responsible;
27.6 (c) Initiate and sponsor projects responsive to needs of
27.7 the poor which are not otherwise being met, with particular
27.8 emphasis on providing central or common services that can be
27.9 drawn upon by a variety of related programs, developing new
27.10 approaches or new types of services that can be incorporated
27.11 into other programs, and filling gaps pending the expansion or
27.12 modification of those programs;
27.13 (d) Establish effective procedures by which the poor and
27.14 area residents concerned will be enabled to influence the
27.15 character of programs affecting their interests, provide for
27.16 their regular participation in the implementation of those
27.17 programs, and provide technical and other support needed to
27.18 enable the poor and neighborhood groups to secure on their own
27.19 behalf available assistance from public and private sources;
27.20 (e) Join with and encourage business, labor and other
27.21 private groups and organizations to undertake, together with
27.22 public officials and agencies, activities in support of the
27.23 community action program which will result in the additional use
27.24 of private resources and capabilities, with a view to developing
27.25 new employment opportunities, stimulating investment that will
27.26 have a measurable impact on reducing poverty among residents of
27.27 areas of concentrated poverty, and providing methods by which
27.28 residents of those areas can work with private groups, firms,
27.29 and institutions in seeking solutions to problems of common
27.30 concern.
27.31 Community action agencies, the Minnesota migrant council
27.32 migrant and seasonal farmworker organizations, and the Indian
27.33 reservations, may enter into cooperative purchasing agreements
27.34 and self-insurance programs with local units of government.
27.35 Nothing in this section expands or limits the current private or
27.36 public nature of a local community action agency.
28.1 (f) Adopt policies that require the agencies to refer area
28.2 residents and community action program constituents to education
28.3 programs that increase literacy, improve parenting skills, and
28.4 address the needs of children from families in poverty. These
28.5 programs include, but are not limited to, early childhood family
28.6 education programs, adult basic education programs, and other
28.7 life-long learning opportunities. The agencies and agency
28.8 programs, including Head Start, shall collaborate with child
28.9 care and other early childhood education programs to ensure
28.10 smooth transitions to work for parents.
28.11 Sec. 35. Minnesota Statutes 1996, section 268.54,
28.12 subdivision 2, is amended to read:
28.13 Subd. 2. [COMPONENTS.] The components of a community
28.14 action program shall be designed to assist participants,
28.15 including homeless individuals and families, migrant and
28.16 seasonal farmworkers, and the elderly poor to achieve increased
28.17 self-sufficiency and greater participation in the affairs of the
28.18 community by providing services and programs not sufficiently
28.19 provided in the community by any governmental unit, any public
28.20 institution, or any other publicly funded agency or
28.21 corporation. Community action agencies, governmental units,
28.22 public institutions or other publicly funded agencies or
28.23 corporations shall consult on whether or not a program or
28.24 service is sufficiently provided in the community.
28.25 Sec. 36. Minnesota Statutes 1996, section 290.067,
28.26 subdivision 2, is amended to read:
28.27 Subd. 2. [LIMITATIONS.] The credit for expenses incurred
28.28 for the care of each dependent shall not exceed $720 in any
28.29 taxable year, and the total credit for all dependents of a
28.30 claimant shall not exceed $1,440 in a taxable year. The maximum
28.31 total credit shall be reduced according to the amount of the
28.32 income of the claimant and a spouse, if any, as follows:
28.33 income up to $13,350 $17,430, $720 maximum for one
28.34 dependent, $1,440 for all dependents;
28.35 income over $13,350 $17,430, the maximum credit for one
28.36 dependent shall be reduced by $18 $12 for every $350 of
29.1 additional income, $36 $24 for all dependents.
29.2 The commissioner shall construct and make available to
29.3 taxpayers tables showing the amount of the credit at various
29.4 levels of income and expenses. The tables shall follow the
29.5 schedule contained in this subdivision, except that the
29.6 commissioner may graduate the transitions between expenses and
29.7 income brackets.
29.8 Sec. 37. Minnesota Statutes 1997 Supplement, section
29.9 466.01, subdivision 1, is amended to read:
29.10 Subdivision 1. [MUNICIPALITY.] For the purposes of
29.11 sections 466.01 to 466.15, "municipality" means any city,
29.12 whether organized under home rule charter or otherwise, any
29.13 county, town, public authority, public corporation, nonprofit
29.14 firefighting corporation that has associated with it a relief
29.15 association as defined in section 424A.001, subdivision 4,
29.16 special district, school district, however organized, county
29.17 agricultural society organized pursuant to chapter 38, joint
29.18 powers board or organization created under section 471.59 or
29.19 other statute, public library, regional public library system,
29.20 multicounty multitype library system, the following local
29.21 collaboratives whose plans have been approved by the children's
29.22 cabinet: family services collaborative collaboratives
29.23 established under section 121.8355, children's mental health
29.24 collaboratives established under sections 245.491 to 245.496, or
29.25 a collaborative established by the merger of a children's mental
29.26 health collaborative and a family services collaborative, other
29.27 political subdivision, or community action agency.
29.28 Sec. 38. Laws 1997, chapter 248, section 47, subdivision
29.29 1, is amended to read:
29.30 Subdivision 1. [INTERIM AGE GROUPINGS; FAMILY DAY CARE.]
29.31 Notwithstanding Minnesota Rules, part 9502.0315, subparts 22, 28
29.32 and 30, until June 30, 1998, for the purposes of family day care
29.33 and group family day care licensure the following definitions
29.34 apply:
29.35 (1) "Preschooler" means a child who is at least 24 months
29.36 old up to the age of being eligible to enter kindergarten within
30.1 the next four months.
30.2 (2) "Toddler" means a child who is at least 12 months old
30.3 but less than 24 months old, except that for purposes of
30.4 specialized infant and toddler family and group family day care,
30.5 "toddler" means a child who is at least 12 months old but less
30.6 than 30 months old.
30.7 (3) "School age" means a child who is at least of
30.8 sufficient age to have attended the first day of kindergarten,
30.9 or is eligible to enter kindergarten within the next four
30.10 months, but is younger than 11 years of age.
30.11 Sec. 39. Laws 1997, First Special Session chapter 4,
30.12 article 10, section 3, subdivision 2, is amended to read:
30.13 Subd. 2. [DEPARTMENT.] For the department of children,
30.14 families, and learning:
30.15 $24,360,000 ..... 1998
30.16 $23,978,000 ..... 1999
30.17 (a) Any balance in the first year does not cancel but is
30.18 available in the second year.
30.19 (b) $21,000 each year is from the trunk highway fund.
30.20 (c) $622,000 in 1998 and $627,000 in 1999 is for the
30.21 academic excellence foundation.
30.22 Up to $50,000 each year is contingent upon the match of $1
30.23 in the previous year from private sources consisting of either
30.24 direct monetary contributions or in-kind contributions of
30.25 related goods or services, for each $1 of the appropriation.
30.26 The commissioner of children, families, and learning must
30.27 certify receipt of the money or documentation for the private
30.28 matching funds or in-kind contributions. The unencumbered
30.29 balance from the amount actually appropriated from the
30.30 contingent amount in 1998 does not cancel but is available in
30.31 1999. The amount carried forward must not be used to establish
30.32 a larger annual base appropriation for later fiscal years.
30.33 (d) $207,000 in 1998 and $210,000 in 1999 is for the state
30.34 board of education.
30.35 (e) $230,000 in 1998 and $234,000 in 1999 is for the board
30.36 of teaching.
31.1 (f) The expenditures of federal grants and aids as shown in
31.2 the biennial budget document and its supplements are approved
31.3 and appropriated and shall be spent as indicated.
31.4 (g) The department of children, families, and learning
31.5 shall develop a performance report on the quality of its
31.6 programs and services. The report must be consistent with the
31.7 process specified in Minnesota Statutes, sections 15.90 to
31.8 15.92. The goals, objectives, and measures of this report must
31.9 be developed in cooperation with the chairs of the finance
31.10 divisions of the education committees of the house of
31.11 representatives and senate, the department of finance, and the
31.12 office of legislative auditor. The report must include data to
31.13 indicate the progress of the department in meeting its goals and
31.14 objectives.
31.15 (h) At least $50,000 is to ensure compliance with state and
31.16 federal laws prohibiting discrimination because of race,
31.17 religion, or sex. The department shall use the appropriation to
31.18 provide state-level leadership on equal education opportunities
31.19 which promote elimination of discriminatory practices in the
31.20 areas of race, religion, and sex in public schools and public
31.21 educational agencies under its general supervision and on
31.22 activities including, at least, compliance monitoring and
31.23 voluntary compliance when local school district deficiencies are
31.24 found.
31.25 (i) Notwithstanding Minnesota Statutes, section 15.53,
31.26 subdivision 2, the commissioner of children, families, and
31.27 learning may contract with a school district for a period no
31.28 longer than five consecutive years to work in the development or
31.29 implementation of the graduation rule. The commissioner may
31.30 contract for services and expertise as necessary. The contracts
31.31 are not subject to Minnesota Statutes, sections 16B.06 to 16B.08.
31.32 (j) In preparing the department budget for fiscal years
31.33 2000-2001, the department shall shift all administrative funding
31.34 from aids appropriations into the appropriation for the
31.35 department.
31.36 (k) Reallocations of excesses under Minnesota Statutes,
32.1 section 124.14, subdivision 7, from appropriations within this
32.2 act shall only be made to deficiencies in programs with
32.3 appropriations contained within this act.
32.4 (l) (k) $850,000 each year is for litigation costs and may
32.5 only be used for those purposes. These appropriations are
32.6 one-time only.
32.7 (m) (l) Collaborative efforts between the department of
32.8 children, families, and learning and the office of technology,
32.9 as specified in Minnesota Statutes, section 237A.015, include:
32.10 (1) advising the commissioner of children, families, and
32.11 learning on new and emerging technologies, potential business
32.12 partnerships, and technical standards;
32.13 (2) assisting the commissioner of children, families, and
32.14 learning in the sharing of data between state agencies relative
32.15 to children's programs; and
32.16 (3) as requested by the commissioner of children, families,
32.17 and learning, assisting in collaborative efforts for joint
32.18 prekindergarten through grade 12 and higher education projects,
32.19 including the learning network.
32.20 The commissioner of children, families, and learning shall have
32.21 final approval for prekindergarten through grade 12 programs and
32.22 lifelong learning programs, grant awards, and funding decisions.
32.23 Sec. 40. [MINNESOTA FAMILY ASSETS FOR INDEPENDENCE PILOT
32.24 PROJECT ESTABLISHMENT.]
32.25 The Minnesota family assets for independence initiative is
32.26 established to provide incentives for low-income families to
32.27 accrue assets for education, housing, and economic development
32.28 purposes.
32.29 Sec. 41. [DEFINITIONS.]
32.30 Subdivision 1. [APPLICATION.] The definitions in this
32.31 section apply to sections 40 to 46.
32.32 Subd. 2. [FAMILY ASSET ACCOUNT.] "Family asset account"
32.33 means a savings account opened by a household participating in
32.34 the Minnesota family assets for independence initiative.
32.35 Subd. 3. [COMMISSIONER.] "Commissioner" means the
32.36 commissioner of children, families, and learning.
33.1 Subd. 4. [FIDUCIARY ORGANIZATION.] "Fiduciary organization"
33.2 means:
33.3 (1) a community action agency that has obtained recognition
33.4 under section 268.53;
33.5 (2) a federal community development credit union serving
33.6 the seven-county metropolitan area; or
33.7 (3) a women-oriented economic development agency serving
33.8 the seven-county metropolitan area.
33.9 Subd. 5. [FINANCIAL INSTITUTION.] "Financial institution"
33.10 means a bank, bank and trust, savings bank, savings association,
33.11 or credit union, the deposits of which are insured by the
33.12 Federal Deposit Insurance Corporation or the National Credit
33.13 Union Administration.
33.14 Subd. 6. [PERMISSIBLE USE.] "Permissible use" means:
33.15 (1) post-secondary educational expenses at an accredited
33.16 public post-secondary institution including books, supplies, and
33.17 equipment required for courses of instruction;
33.18 (2) acquisition costs of acquiring, constructing, or
33.19 reconstructing a residence, including any usual or reasonable
33.20 settlement, financing, or other closing costs;
33.21 (3) business capitalization expenses for expenditures on
33.22 capital, plant, equipment, working capital, and inventory
33.23 expenses of a legitimate business pursuant to a business plan
33.24 approved by the fiduciary organization; and
33.25 (4) acquisition costs of a principal residence within the
33.26 meaning of section 1034 of the Internal Revenue Code of 1986
33.27 which do not exceed 100 percent of the average area purchase
33.28 price applicable to the residence determined according to
33.29 section 143(e)(2) and (3) of the Internal Revenue Code of 1986.
33.30 Subd. 7. [HOUSEHOLD.] "Household" means all individuals
33.31 who share use of a dwelling unit as primary quarters for living
33.32 and eating separate from other individuals.
33.33 Sec. 42. [GRANTS AWARDED.]
33.34 The commissioner shall allocate funds to participating
33.35 fiduciary organizations to provide family asset services. Grant
33.36 awards must be based on a plan submitted by a statewide
34.1 organization representing fiduciary organizations. The
34.2 statewide organization must ensure that any interested
34.3 unrepresented fiduciary organization have input into the
34.4 development of the plan. The plan must equitably distribute
34.5 funds to achieve geographic balance and document the capacity of
34.6 participating fiduciary organizations to manage the program and
34.7 to raise the private match.
34.8 Sec. 43. [DUTIES.]
34.9 A participating fiduciary organization must:
34.10 (1) provide separate accounts for the immediate deposit of
34.11 program funds;
34.12 (2) establish a process to select participants and describe
34.13 any priorities for participation;
34.14 (3) enter into a family asset agreement with the household
34.15 to establish the terms of participation;
34.16 (4) provide households with economic literacy education;
34.17 (5) provide households with information on early childhood
34.18 family education;
34.19 (6) provide matching deposits for participating households;
34.20 (7) coordinate with other related public and private
34.21 programs; and
34.22 (8) establish a process to appeal and mediate disputes.
34.23 Sec. 44. [HOUSEHOLD ELIGIBILITY; PARTICIPATION.]
34.24 Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for
34.25 the family assets for independence initiative, a household must
34.26 have income at or below 200 percent of the federal poverty level
34.27 and assets of $25,000 or less. An individual who is a dependent
34.28 of another person for federal income tax purposes may not be a
34.29 separate eligible household for purposes of establishing a
34.30 family asset account. An individual who is a debtor for a
34.31 judgment resulting from nonpayment of a court-ordered child
34.32 support obligation may not participate in this program. Income
34.33 and assets are determined according to eligibility guidelines
34.34 for the energy assistance program.
34.35 Subd. 2. [CONTINUED PARTICIPATION.] A participating
34.36 household whose income exceeds 200 percent of the poverty level
35.1 may continue to make contributions to the savings account. The
35.2 amount of any contributions made during the time when a
35.3 participating household's income is greater than 200 percent of
35.4 the poverty level is not eligible for the match under section 45.
35.5 Subd. 3. [FAMILY PARTICIPATION.] Each participating
35.6 household must sign a family asset agreement that includes the
35.7 amount of scheduled deposits into its savings account, the
35.8 proposed use, and the proposed savings goal. A participating
35.9 household must agree to complete an economic literacy training
35.10 program.
35.11 Participating households may only deposit money that is
35.12 derived from household earned income or from state and federal
35.13 income tax credits.
35.14 Sec. 45. [WITHDRAWAL; MATCHING; PERMISSIBLE USES.]
35.15 Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match,
35.16 a participating household must transfer funds withdrawn from a
35.17 family asset account to a fiduciary organization, according to
35.18 the family asset agreement. The fiduciary organization must
35.19 determine if the match request is for a permissible use
35.20 consistent with the household's family asset agreement.
35.21 A fiduciary organization must match the balance in the
35.22 household's account, including interest, at the time of an
35.23 approved withdrawal. Matches must be provided as follows:
35.24 (1) from state grant funds a matching contribution of $2
35.25 for every $1 of funds withdrawn from the family asset account
35.26 equal to the lesser of $720 per year or a $3,000 lifetime limit;
35.27 and
35.28 (2) from nonstate funds, a matching contribution of no less
35.29 than $2 for every $1 of funds withdrawn from the family asset
35.30 account equal to the lesser of $720 per year or a $3,000
35.31 lifetime limit.
35.32 Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt
35.33 of withdrawn funds, the fiduciary organization must make a
35.34 direct payment to the vendor of the goods or services for the
35.35 permissible use.
35.36 Sec. 46. [PROGRAM REPORTING.]
36.1 Each fiduciary organization operating a family assets for
36.2 independence initiative must annually report to the commissioner
36.3 of children, families, and learning the number of accounts, the
36.4 amount of savings and matches for each account, the uses of the
36.5 account, and the number of businesses, homes, and educational
36.6 services paid for with money from the account, as well as other
36.7 information that may be required for the state to operate the
36.8 program effectively.
36.9 Sec. 47. [MULTICULTURAL OUTREACH.]
36.10 The commissioner shall contract for or provide child care
36.11 licensing information and child care application and selection
36.12 information in all of the predominant non-English languages in
36.13 Minnesota. The commissioner shall coordinate or contract for
36.14 services to provide technical assistance and training to legally
36.15 unlicensed child care providers in Minnesota's communities of
36.16 color. The commissioner shall also coordinate or provide
36.17 developmental training and business support and assist providers
36.18 in becoming licensed.
36.19 Sec. 48. [NONSTANDARD HOUR CHILD CARE PILOT PROJECT.]
36.20 The commissioner of children, families, and learning shall
36.21 establish a program to develop family child care during
36.22 nonstandard hours. The program may pay a guaranteed subsidy for
36.23 up to one year of providing nonstandard hour child care in a
36.24 family child care home. Any subsidy must be reduced by the
36.25 amount of income the provider receives from nonstandard hour
36.26 child care. The program must include start-up assistance for
36.27 new nonstandard hour child care providers, including mentoring,
36.28 technical assistance, marketing, and provider training. The
36.29 program may also make start-up grants to participating
36.30 nonstandard hour providers to purchase toys and equipment for
36.31 nonstandard hour care. The commissioner may provide grants for
36.32 developing nonstandard hour child care under this section.
36.33 Sec. 49. [FEASIBILITY OF PREPAID CHILD CARE ASSISTANCE.]
36.34 The commissioner of children, families, and learning must
36.35 consider ways to ensure full payment to child care providers
36.36 while maintaining fiscal accountability to county, state, and
37.1 federal governments, including the feasibility of:
37.2 (1) providing prepayment of child care assistance to
37.3 parents so that they may prepay child care expenses;
37.4 (2) standardizing county billing forms and billing cycles;
37.5 (3) improving and streamlining approval and reauthorization
37.6 process; and
37.7 (4) allowing providers to use accrediting bodies other than
37.8 the National Association for the Education of Young Children to
37.9 qualify for the reimbursement bonus.
37.10 Sec. 50. [CHILD CARE TRANSITION.]
37.11 The commissioner of children, families, and learning shall
37.12 implement procedures to ensure that all families completing
37.13 transition year child care assistance in fiscal year 1999 move
37.14 to basic sliding fee child care assistance without interruption
37.15 in service.
37.16 Sec. 51. [STATEWIDE COMMUNITY SERVICES INFORMATION AND
37.17 REFERRAL GRANT PROGRAM.]
37.18 Subdivision 1. [FAMILY AND COMMUNITY SERVICES ASSISTANCE.]
37.19 The commissioner of children, families, and learning shall
37.20 develop a grant program to fund a statewide system of
37.21 information and referral for community services through the
37.22 nonprofit corporation First Call Minnesota. The system must be
37.23 designed to assist Minnesota families in accessing needed
37.24 community services, including health services, social services,
37.25 educational programs, housing, and employment and training
37.26 services.
37.27 Subd. 2. [GRANTEE'S DUTIES.] The grantee shall:
37.28 (1) develop a statewide computer database containing a
37.29 comprehensive listing of community services available throughout
37.30 Minnesota;
37.31 (2) support up to 11 regional centers to collect and
37.32 coordinate regional data and develop standards to ensure that
37.33 regional data is updated every six months;
37.34 (3) establish standards for existing regional information
37.35 and referral services to access data, provide public access, and
37.36 establish licensing standards;
38.1 (4) establish a state data services center to assist
38.2 existing regional information and referral centers with data
38.3 publication and subscription, administration of public access to
38.4 the data, and management and maintenance of resource data;
38.5 (5) provide ongoing support for a single statewide
38.6 toll-free telephone number for public access;
38.7 (6) manage the installation of software applications and
38.8 Internet access to the statewide computer database;
38.9 (7) promote the use of the statewide computer database
38.10 among potential users in a region through the support of
38.11 regional centers in coordination with existing First Call For
38.12 Help and other information and referral providers; and
38.13 (8) coordinate with existing information and referral
38.14 agencies in each region, including the senior linkage service
38.15 through the Minnesota board on aging and child care resource and
38.16 referral programs.
38.17 Subd. 3. [FUNDING.] The commissioner shall assist the
38.18 grantee and other state agencies to identify federal funds to
38.19 support the statewide system. The grantee shall seek
38.20 contributions from profit and not-for-profit entities to augment
38.21 state grant funds received under this section.
38.22 Subd. 4. [COUNTY COOPERATION.] In developing the
38.23 information and referral system, the grantee shall coordinate
38.24 with county social service agencies established under Minnesota
38.25 Statutes, chapter 393, the Minnesota board on aging, and other
38.26 public agencies that provide services.
38.27 Subd. 5. [EVALUATION AND REPORT.] The grantee shall
38.28 arrange for an independent evaluation of the information and
38.29 referral services developed under the grant. The grantee shall
38.30 track requests for services from callers to determine unmet
38.31 community service needs in each region. The grantee shall
38.32 submit a report to the commissioner of children, families, and
38.33 learning prior to February 15, 1999, with a preliminary
38.34 evaluation of the information and referral system, a summary
38.35 analysis of the unmet needs in each region, and recommendations
38.36 on future funding needs of the information and referral system.
39.1 Sec. 52. [MINIMUM STANDARDS FOR CARE OF SPECIAL NEEDS
39.2 CHILDREN.]
39.3 The commissioner shall review the need to establish
39.4 statewide minimum training standards for providers who receive a
39.5 special rate for caring for children with special needs and make
39.6 recommendations to the legislature by January 15, 1999. The
39.7 recommendations must consider the impact of any statewide
39.8 standards on the supply of child care for children with special
39.9 needs.
39.10 Sec. 53. [PROGRAM TRANSFER.]
39.11 The homeless youth facilities grants under Minnesota
39.12 Statutes, section 268.918, are transferred from the department
39.13 of economic security to the department of children, families,
39.14 and learning. This grant program must be transferred according
39.15 to the requirements of Minnesota Statutes, sections 119A.04,
39.16 subdivisions 6 and 7; and 119A.15, subdivision 5a.
39.17 Sec. 54. [REVISOR'S INSTRUCTION.]
39.18 The revisor of statutes shall change the phrase "school-age
39.19 child care" to "school-age care" wherever it appears in the next
39.20 edition of Minnesota Statutes and Minnesota Rules.
39.21 Sec. 55. [REPEALER WITHOUT EFFECT.]
39.22 The repeal of Minnesota Statutes, section 119B.03,
39.23 subdivision 7, by Laws 1997, chapter 162, article 1, section 19,
39.24 is without effect and Minnesota Statutes, section 119B.03,
39.25 subdivision 7, remains in effect after June 30, 1997, as amended
39.26 by Laws 1997, chapter 162, article 4, section 14.
39.27 Sec. 56. [REPEALER.]
39.28 Sections 40 to 46 are repealed effective July 1, 2002.
39.29 Sec. 57. [EFFECTIVE DATE.]
39.30 (a) Sections 1, 7, 28 to 31, and 50 are effective the day
39.31 following final enactment.
39.32 (b) Section 55 is effective July 1, 1997.
39.33 (c) Sections 32 to 35 are effective October 1, 1998.
39.34 (d) Section 36 is effective for tax years beginning after
39.35 December 31, 1997.
39.36 ARTICLE 2
40.1 APPROPRIATIONS
40.2 Section 1. Laws 1997, chapter 162, article 1, section 18,
40.3 subdivision 8, is amended to read:
40.4 Subd. 8. [HEAD START PROGRAM.] For Head Start programs
40.5 according to Minnesota Statutes, section 268.914:
40.6 $18,750,000 ..... 1998
40.7 $18,750,000 $20,625,000 ..... 1999
40.8 The commissioner may use up to two percent each year for
40.9 state operations.
40.10 Any balance in the first year does not cancel but is
40.11 available in the second year.
40.12 $1,000,000 each year must be used for competitive grants to
40.13 local Head Start agencies for full-year programming for children
40.14 ages 0 to 3. The programs must comply with applicable federal
40.15 Head Start performance standards. Grantees may use state grant
40.16 funds to provide services in addition to those allowed under
40.17 federal Head Start regulations.
40.18 Up to $250,000 is for a matching grant to Little Earth
40.19 Residents Association for programming in the Neighborhood Early
40.20 Learning Center.
40.21 The increase in the fiscal year 1999 appropriation must be
40.22 used for competitive grants for programs for children ages 0 to
40.23 3. A Head Start and an early childhood family education program
40.24 must jointly apply for grants from this appropriation. Grant
40.25 awards must be used to expand collaborative programming
40.26 involving both early childhood family education and Head Start
40.27 for children under the age of three.
40.28 The increase in the fiscal year 1999 appropriation is a
40.29 one-time appropriation.
40.30 Sec. 2. Laws 1997, chapter 162, article 3, section 8,
40.31 subdivision 3, is amended to read:
40.32 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional
40.33 housing programs according to Minnesota Statutes, section 268.38:
40.34 $1,728,000 ..... 1998
40.35 $1,728,000 $2,728,000 ..... 1999
40.36 Any balance in the first year does not cancel but is
41.1 available in the second year.
41.2 Of this appropriation, up to five percent each year may be
41.3 used for administrative costs. A portion of this appropriation
41.4 may be used for the emergency services grant program under
41.5 section 7.
41.6 Any increase in the fiscal year 1999 appropriation is a
41.7 one-time appropriation for fiscal year 1999 only.
41.8 Sec. 3. Laws 1997, chapter 162, article 4, section 63,
41.9 subdivision 2, is amended to read:
41.10 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
41.11 assistance according to Minnesota Statutes, section 119B.03:
41.12 $41,751,000 ..... 1998
41.13 $50,751,000 $55,751,000 ..... 1999
41.14 Any balance in the first year does not cancel but is
41.15 available the second year.
41.16 Of this appropriation, the department shall allocate the
41.17 amount necessary to administer the at-home child care program
41.18 under section 22.
41.19 Funds appropriated but not expended in the biennium
41.20 beginning July 1, 1997, do not cancel and must be deposited in
41.21 the child care reserve account under Minnesota Statutes, section
41.22 119B.075.
41.23 Sec. 4. Laws 1997, chapter 162, article 4, section 63,
41.24 subdivision 3, is amended to read:
41.25 Subd. 3. [TANF CHILD CARE.] For child care assistance
41.26 according to Minnesota Statutes, section 119B.05:
41.27 $34,331,000 $27,856,000 ..... 1998
41.28 $64,838,000 $78,136,000 ..... 1999
41.29 Up to $500,000 of the fiscal year 1998 appropriation may be
41.30 used for grants under section 23.
41.31 Any balance in the first year does not cancel but is
41.32 available in the second year.
41.33 Funds appropriated but not expended in the biennium
41.34 beginning July 1, 1997, do not cancel and must be deposited in
41.35 the child care reserve account under Minnesota Statutes, section
41.36 119B.075.
42.1 Sec. 5. Laws 1997, First Special Session chapter 5,
42.2 section 29, is amended to read:
42.3 Sec. 29. [CORRECTION 45.] Laws 1997, chapter 162, article
42.4 2, section 31, subdivision 9, is amended to read:
42.5 Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.]
42.6 For drug policy, violence prevention, and family visitation
42.7 programs:
42.8 $3,000,000 ..... 1998
42.9 $3,000,000 $3,200,000 ..... 1999
42.10 Any balance in the first year does not cancel but is
42.11 available in the second year.
42.12 $197,000 $192,000 is appropriated from the state government
42.13 special revenue fund to the commissioner of children, families,
42.14 and learning for visitation facilities under Minnesota Statutes,
42.15 sections 256F.09 and 517.08, subdivision 1c. $96,000 is
42.16 available for the fiscal year beginning July 1, 1997, and
42.17 $96,000 is available for the fiscal year beginning July 1, 1998.
42.18 Any balance in the first year does not cancel, but is
42.19 available in the second year.
42.20 Up to $400,000 each year is for grants for mentoring
42.21 at-risk youth. Of the fiscal year 1998 appropriation, up to
42.22 $138,000 and of the fiscal year 1999 appropriation up to
42.23 $100,000 is for grants under Laws 1995, chapter 226, article 3,
42.24 section 62.
42.25 Up to $200,000 of the fiscal year 1999 appropriation is for
42.26 gang prevention and intervention grants. The additional
42.27 appropriation for fiscal year 1999 is a one-time appropriation
42.28 and is not to be added to the base.
42.29 Sec. 6. [APPROPRIATIONS.]
42.30 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
42.31 LEARNING.] The sums indicated in this section are appropriated
42.32 from the general fund to the commissioner of children, families,
42.33 and learning for the fiscal years and for the purposes indicated.
42.34 Subd. 2. [LEAD HAZARD REDUCTION PROGRAM.] For the lead
42.35 abatement program under Minnesota Statutes, section 268.92:
42.36 $ 200,000 ..... 1999
43.1 This appropriation must be used for the swab team service
43.2 program to provide lead cleanup and lead hazard reduction
43.3 services in geographic areas where the residents have a high
43.4 risk of elevated blood lead levels.
43.5 Of this amount, 25 percent is for a grant to the city of St.
43.6 Louis Park to conduct lead testing and cleanup in the
43.7 residential neighborhoods contaminated by an industrial lead
43.8 site. The remaining amount is for a nonprofit organization that
43.9 is currently operating the CLEARCorps lead hazard reduction
43.10 project and is willing to expand its geographic service area.
43.11 This is a one-time appropriation and is not to be added to
43.12 the base appropriation.
43.13 Subd. 3. [EMERGENCY SERVICES GRANTS.] For emergency
43.14 services grants under Laws 1997, chapter 162, article 3, section
43.15 7:
43.16 $ 900,000 ..... 1999
43.17 This is a one-time appropriation for fiscal year 1999.
43.18 Subd. 4. [FAMILY ASSETS FOR INDEPENDENCE.] To establish
43.19 the Minnesota family assets for independence initiative under
43.20 article 1, sections 40 to 46:
43.21 $ 775,000 ..... 1999
43.22 This is a one-time appropriation.
43.23 Subd. 5. [STATEWIDE COMMUNITY INFORMATION AND REFERRAL
43.24 GRANT PROGRAM.] For a grant to First Call Minnesota to fund a
43.25 statewide system of information and referral for community
43.26 service under article 1, section 51:
43.27 $ 100,000 ..... 1999
43.28 This is a one-time appropriation.
43.29 Sec. 7. [APPROPRIATION; ADMINISTRATION OF ABUSED CHILDREN
43.30 PROGRAMS.]
43.31 Of the amount appropriated under Laws 1997, chapter 162,
43.32 article 2, section 31, subdivision 8, up to $134,000 for fiscal
43.33 year 1998 and up to $134,000 for fiscal year 1999 may be used
43.34 for state costs to administer abused children programs under
43.35 Minnesota Statutes, sections 119A.20 to 119A.23.
43.36 Sec. 8. [APPROPRIATION; ADMINISTRATION OF DRUG POLICY AND
44.1 VIOLENCE PREVENTION PROGRAMS.]
44.2 Of the amount appropriated under Laws 1997, chapter 162,
44.3 article 2, section 31, subdivision 9, up to $305,000 for fiscal
44.4 year 1998 and up to $305,000 for fiscal year 1999 may be used
44.5 for state costs to administer drug policy and violence
44.6 prevention programs under Minnesota Statutes, sections 119A.25
44.7 to 119A.29 and 119A.32 to 119A.34.
44.8 Sec. 9. [APPROPRIATION; ADMINISTRATION OF THE CHILDREN'S
44.9 TRUST FUND.]
44.10 Of the amount appropriated under Laws 1997, chapter 162,
44.11 article 2, section 31, subdivision 10, up to $22,000 for fiscal
44.12 year 1998 and up to $22,000 for fiscal year 1999 may be used for
44.13 state costs to administer the children's trust fund under
44.14 Minnesota Statutes, sections 119A.10 to 119A.17.
44.15 Of the amount in the special revenue account from fees
44.16 under Minnesota Statutes, section 144.226, subdivision 3, up to
44.17 $120,000 for fiscal year 1998 and $120,000 for fiscal year 1999
44.18 may be used for operating costs of the children's trust fund.
44.19 Sec. 10. [FEDERAL TANF TRANSFERS.]
44.20 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
44.21 LEARNING.] The sums indicated in this section are transferred
44.22 from the federal TANF fund to the child care and development
44.23 fund and appropriated to the department of children, families,
44.24 and learning for fiscal year 1999. These appropriations do not
44.25 cancel and are available until September 30, 2000.
44.26 Subd. 2. [CHILD CARE DATA MANAGEMENT PROJECT.] For the
44.27 design and implementation of a statewide child care data
44.28 management system for child care assistance programs:
44.29 $1,500,000 ..... 1999
44.30 For fiscal year 2000, the appropriation is $2,500,000.
44.31 Subd. 3. [CHILD CARE SERVICE DEVELOPMENT.] For child care
44.32 service development grants according to Minnesota Statutes,
44.33 section 119B.21:
44.34 $2,200,000 ..... 1999
44.35 This is a one-time appropriation.
44.36 This appropriation may be used for but is not limited to
45.1 the following purposes: business practices assistance;
45.2 prelicensing assistance; and multicultural outreach.
45.3 Subd. 4. [LOAN FORGIVENESS.] To provide funds to forgive
45.4 all or part of child development education and training loans
45.5 under Minnesota Statutes, section 119B.18, subdivision 3:
45.6 $ 300,000 ..... 1999
45.7 This is a one-time appropriation.
45.8 Subd. 5. [CHILD CARE DEVELOPMENT.] For grants to public
45.9 and private agencies to: (1) respond to locally determined
45.10 needs to increase child care capacity including nonstandard hour
45.11 care and care for specific groups of children; and (2) collect,
45.12 analyze, and report data to support research to guide the
45.13 development of child care and welfare reform policy:
45.14 $ 500,000 ..... 1999
45.15 Of this amount, up to $100,000 is for grants to develop
45.16 nonstandard hour family child care under article 1, section 48.
45.17 This is a one-time appropriation.
45.18 Subd. 6. [SCHOOL-AGE GRANTS.] For grants to expand and
45.19 improve school-age care programs in school districts, community
45.20 education, park boards, after school programs, and other
45.21 entities and programs serving school-age children:
45.22 $ 500,000 ..... 1999
45.23 This is a one-time appropriation.
45.24 Sec. 11. [EFFECTIVE DATE.]
45.25 Sections 4 and 7 to 9 are effective the day following final
45.26 enactment.