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SF 2532

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  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             changing child care licensing requirements for 
  1.8             employers; providing for review of certain orders by 
  1.9             the commissioner of children, families, and learning; 
  1.10            establishing a cash flow account for energy assistance 
  1.11            funds; allowing migrant and seasonal farmworkers to 
  1.12            carry out community action programs; changing 
  1.13            provisions for family day care licensure; 
  1.14            appropriating money; amending Minnesota Statutes 1996, 
  1.15            sections 119B.10, by adding a subdivision; 119B.13, 
  1.16            subdivision 3; 119B.18, subdivision 2, and by adding 
  1.17            subdivisions; 119B.19, subdivisions 1, 4, and by 
  1.18            adding subdivisions; 120.1701, subdivision 5; 
  1.19            121.8355, by adding a subdivision; 124.26, subdivision 
  1.20            1c; 245A.14, subdivision 4; 256.045, subdivision 6, 
  1.21            and by adding a subdivision; 268.52, subdivisions 1 
  1.22            and 2; and 268.54, subdivision 2; Minnesota Statutes 
  1.23            1997 Supplement, sections 119B.01, subdivision 16; 
  1.24            119B.061, subdivisions 1, 2, 3, and 4; 119B.075; 
  1.25            119B.10, subdivision 1; 119B.13, subdivision 6; 
  1.26            119B.21, subdivisions 2, 4, 5, and 11; 256.045, 
  1.27            subdivision 7; 268.53, subdivision 5; and 466.01, 
  1.28            subdivision 1; Laws 1997, chapters 162, article 1, 
  1.29            section 18, subdivision 8; article 3, section 8, 
  1.30            subdivision 3; and article 4, section 63, subdivisions 
  1.31            2 and 3; 248, section 47, subdivision 1; proposing 
  1.32            coding for new law in Minnesota Statutes, chapters 
  1.33            119B; and 268. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35                             ARTICLE 1
  1.36                               POLICY
  1.37     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.38  119B.01, subdivision 16, is amended to read: 
  1.39     Subd. 16.  [TRANSITION YEAR FAMILIES.] "Transition year 
  2.1   families" means families who have received AFDC for at least 
  2.2   three of the last six months meet the eligibility requirements 
  2.3   of AFDC or MFIP-S, whichever is in effect in the county, and 
  2.4   receive assistance before losing eligibility for AFDC or MFIP-S 
  2.5   due to increased hours of employment, increased income from 
  2.6   employment or child or spousal support, or the loss of income 
  2.7   disregards due to time limitations.  Transition year child care 
  2.8   may be used to support employment or job search. 
  2.9      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.10  119B.061, subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [ESTABLISHMENT.] Beginning July 1, 1998, a 
  2.12  family receiving or eligible to in which a parent provides care 
  2.13  for the family's infant child may receive a subsidy in lieu of 
  2.14  assistance if the family is eligible for, or is receiving 
  2.15  assistance under the basic sliding fee program is eligible for 
  2.16  assistance for a parent to provide short-term child care for the 
  2.17  family's infant child.  An eligible family must meet the 
  2.18  eligibility factors under section 119B.09, the income criteria 
  2.19  under section 119B.12, and the requirements of this section.  
  2.20  The commissioner shall establish a pool of up to seven percent 
  2.21  of the annual appropriation for the basic sliding fee program to 
  2.22  provide assistance under the at-home infant child care program.  
  2.23  At the end of the fiscal year, any unspent funds must be used 
  2.24  for assistance under the basic sliding fee program. 
  2.25     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.26  119B.061, subdivision 2, is amended to read: 
  2.27     Subd. 2.  [ELIGIBLE FAMILIES.] A family with an infant 
  2.28  under the age of one year is eligible for assistance if: 
  2.29     (1) the family is not receiving MFIP-S, other cash 
  2.30  assistance, or other child care assistance; 
  2.31     (2) the family has not previously received all of the 
  2.32  one-year exemption from the work requirement for infant care 
  2.33  under the MFIP-S program; 
  2.34     (3) the family has not previously received a life-long 
  2.35  total of 12 months of assistance under this section; and 
  2.36     (4) the family is participating in the basic sliding fee 
  3.1   program or, for the first child in a family, provides 
  3.2   verification of employment at the time of application and meets 
  3.3   the program requirements. 
  3.4      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.5   119B.061, subdivision 3, is amended to read: 
  3.6      Subd. 3.  [ELIGIBLE PARENT.] Only A family is eligible for 
  3.7   assistance under this section if one parent, in a two-parent 
  3.8   family, is eligible for assistance cares for the family's infant 
  3.9   child.  The eligible parent must: 
  3.10     (1) be over the age of 18; 
  3.11     (2) provide care for the infant full-time care for the 
  3.12  child in the child's home; and 
  3.13     (3) provide child care for any other children in the family 
  3.14  that who are eligible for child care assistance under chapter 
  3.15  119B. 
  3.16     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  3.17  119B.061, subdivision 4, is amended to read: 
  3.18     Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
  3.19  lifetime total of 12 months of assistance under this section.  
  3.20  The maximum rate of assistance must be at 75 percent of the rate 
  3.21  established under section 119B.13 for care of infants in 
  3.22  licensed family day care in the applicant's county of 
  3.23  residence.  Assistance must be calculated to reflect the copay 
  3.24  requirement and the family's income level. 
  3.25     (b) A participating family must continue to report income 
  3.26  and other family changes as specified in the county's plan under 
  3.27  section 119B.08, subdivision 3.  The family must treat any 
  3.28  assistance received under this section as unearned income. 
  3.29     (c) Participation in the at-home infant child care program 
  3.30  must be considered participation in the basic sliding fee 
  3.31  program for purposes of continuing eligibility under section 
  3.32  119B.03, subdivision 3. 
  3.33     (d) The time that a family that receives assistance under 
  3.34  this section is ineligible for must be deducted from the 
  3.35  one-year exemption from work requirements under the MFIP-S 
  3.36  program. 
  4.1      (e) Assistance under this section does not establish an 
  4.2   employer-employee relationship between any member of the 
  4.3   assisted family and the county or state. 
  4.4      Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  4.5   119B.075, is amended to read: 
  4.6      119B.075 [CHILD CARE RESERVE ACCOUNT.] 
  4.7      A reserve account must be created within the general fund 
  4.8   for all unexpended basic sliding fee child care, TANF child 
  4.9   care, or other child care funds under the jurisdiction of the 
  4.10  commissioner.  Any funds for those purposes that are unexpended 
  4.11  at the end of a biennium must be deposited in this reserve 
  4.12  account, and may be appropriated on an ongoing basis by the 
  4.13  commissioner for basic sliding fee child care or TANF child 
  4.14  care.  A child care reserve account is created in the state 
  4.15  treasury.  Funds designated by the legislature and money from 
  4.16  state or federal TANF funds appropriated to the commissioner but 
  4.17  not expended in the biennium beginning July 1, 1997, shall be 
  4.18  retained in the reserve account to be expended for child care 
  4.19  programs in fiscal year 2000 and subsequent fiscal years. 
  4.20     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  4.21  119B.10, subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
  4.23  RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 
  4.24  and who are eligible for assistance under this section are 
  4.25  eligible to receive up to 240 hours of child care assistance per 
  4.26  calendar year.  
  4.27     (b) Employed persons who work at least an average of 20 and 
  4.28  full-time students who work at least an average of ten hours a 
  4.29  week and receive at least a minimum wage for all hours worked 
  4.30  are eligible for continued child care assistance for 
  4.31  employment.  Child care assistance during employment must be 
  4.32  authorized as provided in paragraphs (c) and (d). 
  4.33     (c) When the caregiver works for an hourly wage and the 
  4.34  hourly wage is equal to or greater than the applicable minimum 
  4.35  wage, child care assistance shall be provided for the actual 
  4.36  hours of employment, break, and mealtime during the employment 
  5.1   and travel time up to two hours per day. 
  5.2      (d) When the caregiver does not work for an hourly wage, 
  5.3   child care assistance must be provided for the lesser of: 
  5.4      (1) the amount of child care determined by dividing gross 
  5.5   earned income by the applicable minimum wage, up to one hour 
  5.6   every eight hours for meals and break time, plus up to two hours 
  5.7   per day for travel time; or 
  5.8      (2) the amount of child care equal to the actual amount of 
  5.9   child care used during employment, including break and mealtime 
  5.10  during employment, and travel time up to two hours per day. 
  5.11     Sec. 8.  Minnesota Statutes 1996, section 119B.10, is 
  5.12  amended by adding a subdivision to read: 
  5.13     Subd. 3.  [SELF-EMPLOYMENT EXCEPTION.] For assistance under 
  5.14  section 119B.03, a caregiver who has a business plan for 
  5.15  self-employment is exempt for up to six months from the minimum 
  5.16  wage requirements under subdivision 1, paragraph (d), clause 
  5.17  (1).  The caretaker must demonstrate that the business plan has 
  5.18  been developed and reviewed by an organization that specializes 
  5.19  in business assistance including, but not limited to, a 
  5.20  community development corporation, a small business assistance 
  5.21  center, or an organization affiliated with the Minnesota Micro 
  5.22  Enterprise Association.  The caregiver must meet all other 
  5.23  eligibility requirements for assistance under the basic sliding 
  5.24  fee program. 
  5.25     Sec. 9.  Minnesota Statutes 1996, section 119B.13, 
  5.26  subdivision 3, is amended to read: 
  5.27     Subd. 3.  [PROVIDER RATE FOR CARE OF CHILDREN WITH 
  5.28  HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 
  5.29  for the care of children with handicaps or special needs, at a 
  5.30  special rate to be set by the county for care of these children, 
  5.31  subject to the approval of the commissioner.  The commissioner 
  5.32  may establish minimum training standards for providers for whom 
  5.33  a special rate is approved. 
  5.34     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  5.35  119B.13, subdivision 6, is amended to read: 
  5.36     Subd. 6.  [PROVIDER PAYMENTS.] Counties shall make vendor 
  6.1   payments to the child care provider or pay the parent directly 
  6.2   for eligible child care expenses if the eligible parent is 
  6.3   choosing a legal nonlicensed provider or the county is making 
  6.4   advanced payments.  If the county makes child care payments 
  6.5   directly to an eligible family, it shall establish appropriate 
  6.6   documentation procedures to ensure that all the funds are used 
  6.7   for child care.  If payments for child care assistance are made 
  6.8   to providers, The provider shall bill the county for services 
  6.9   provided within ten days of the end of the month of service.  If 
  6.10  bills are submitted in accordance with the provisions of this 
  6.11  subdivision, a county shall issue payment to the provider of 
  6.12  child care under the child care fund within 30 days of receiving 
  6.13  an invoice from the provider.  Counties may establish policies 
  6.14  that make payments on a more frequent basis.  A county's payment 
  6.15  policies must be included in the county's child care plan under 
  6.16  section 119B.08, subdivision 3. 
  6.17     Sec. 11.  Minnesota Statutes 1996, section 119B.18, 
  6.18  subdivision 2, is amended to read: 
  6.19     Subd. 2.  [DUTIES.] The regional resource and referral 
  6.20  program shall have the duties specified in section 119B.19.  In 
  6.21  addition, the regional program shall be responsible for 
  6.22  establishing new or collaborating with existing community-based 
  6.23  committees such as interagency early intervention committees or 
  6.24  neighborhood groups to advocate for child care needs in the 
  6.25  community, including school-age child care needs, as well as 
  6.26  serve as important local resources for children and their 
  6.27  families. 
  6.28     Sec. 12.  Minnesota Statutes 1996, section 119B.18, is 
  6.29  amended by adding a subdivision to read: 
  6.30     Subd. 4.  [BUSINESS PRACTICES ASSISTANCE.] The regional 
  6.31  resource and referral programs may provide technical assistance 
  6.32  to child care providers on sound business practices.  The 
  6.33  assistance may include business planning and effective business 
  6.34  management practices for family child care providers, child care 
  6.35  centers, providers who offer care during nontraditional hours, 
  6.36  and other child care facilities.  
  7.1      Sec. 13.  Minnesota Statutes 1996, section 119B.18, is 
  7.2   amended by adding a subdivision to read: 
  7.3      Subd. 5.  [PRELICENSING ASSISTANCE.] The regional child 
  7.4   care resource and referral programs may act as a liaison and 
  7.5   provide technical assistance to start-up and expanding child 
  7.6   care providers.  Assistance to achieve licensure for child care 
  7.7   facilities may include identifying the necessary code and 
  7.8   licensing requirements and coordinating prelicensing conferences 
  7.9   or prelicensing assessments with state and local officials. 
  7.10     Sec. 14.  Minnesota Statutes 1996, section 119B.19, 
  7.11  subdivision 1, is amended to read: 
  7.12     Subdivision 1.  [AUTHORITY.] The commissioner of children, 
  7.13  families, and learning may make grants to public or private 
  7.14  nonprofit agencies for the planning, establishment, expansion, 
  7.15  improvement, or operation of child care resource and referral 
  7.16  programs and child care services, including school-age child 
  7.17  care programs, according to the provisions of this section and 
  7.18  may make grants to county boards to carry out the purposes of 
  7.19  sections 119B.19 to 119B.21. 
  7.20     Sec. 15.  Minnesota Statutes 1996, section 119B.19, is 
  7.21  amended by adding a subdivision to read: 
  7.22     Subd. 3a.  [PROGRAM SERVICES; SCHOOL-AGE CHILD CARE.] The 
  7.23  commissioner may make grants to public or private nonprofit 
  7.24  entities to fund school-age child care programs.  School-age 
  7.25  child care programs shall meet the requirements of section 
  7.26  121.88, subdivision 10. 
  7.27     Sec. 16.  Minnesota Statutes 1996, section 119B.19, 
  7.28  subdivision 4, is amended to read: 
  7.29     Subd. 4.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
  7.30  awarding resource and referral grants shall be given in the 
  7.31  following order: 
  7.32     (1) start up resource and referral programs in areas of the 
  7.33  state where they do not exist; and 
  7.34     (2) improve resource and referral programs. 
  7.35     Resource and referral programs shall meet the following 
  7.36  requirements:  
  8.1      (a) Each program shall identify all existing child care 
  8.2   services through information provided by all relevant public and 
  8.3   private agencies in the areas of service, and shall develop a 
  8.4   resource file of the services which shall be maintained and 
  8.5   updated at least quarterly.  These services must include family 
  8.6   day care homes; public and private day care programs; full-time 
  8.7   and part-time programs; infant, preschool, and extended care 
  8.8   programs; and programs for school-age children. 
  8.9      The resource file must include:  the type of program, hours 
  8.10  of program service, ages of children served, fees, location of 
  8.11  the program, eligibility requirements for enrollment, special 
  8.12  needs services, and transportation available to the program.  
  8.13  The file may also include program information and special 
  8.14  program features. 
  8.15     (b) Each resource and referral program shall establish a 
  8.16  referral process which responds to parental need for information 
  8.17  and which fully recognizes confidentiality rights of parents.  
  8.18  The referral process must afford parents maximum access to all 
  8.19  referral information.  This access must include telephone 
  8.20  referral available for no less than 20 hours per week. 
  8.21     Each child care resource and referral agency shall 
  8.22  publicize its services through popular media sources, agencies, 
  8.23  employers, and other appropriate methods. 
  8.24     (c) Each resource and referral program shall maintain 
  8.25  ongoing documentation of requests for service.  All child care 
  8.26  resource and referral agencies must maintain documentation of 
  8.27  the number of calls and contacts to the child care information 
  8.28  and referral agency or component.  A resource and referral 
  8.29  program shall collect and maintain the following information: 
  8.30     (1) ages of children served; 
  8.31     (2) time category of child care request for each child; 
  8.32     (3) special time category, such as nights, weekends, and 
  8.33  swing shift; and 
  8.34     (4) reason that the child care is needed. 
  8.35     (d) Each resource and referral program shall make available 
  8.36  the following information as an educational aid to parents: 
  9.1      (1) information on aspects of evaluating the quality and 
  9.2   suitability of child care services, including licensing 
  9.3   regulation, financial assistance available, child abuse 
  9.4   reporting procedures, appropriate child development information; 
  9.5      (2) information on available parent, early childhood, and 
  9.6   family education programs in the community. 
  9.7      (e) On or after one year of operation a resource and 
  9.8   referral program shall provide technical assistance to employers 
  9.9   and existing and potential providers of all types of child care 
  9.10  services.  This assistance shall include: 
  9.11     (1) information on all aspects of initiating new child care 
  9.12  services including licensing, zoning, program and budget 
  9.13  development, and assistance in finding information from other 
  9.14  sources; 
  9.15     (2) information and resources which help existing child 
  9.16  care providers to maximize their ability to serve the children 
  9.17  and parents of their community; 
  9.18     (3) dissemination of information on current public issues 
  9.19  affecting the local and state delivery of child care services; 
  9.20     (4) facilitation of communication between existing child 
  9.21  care providers and child-related services in the community 
  9.22  served; 
  9.23     (5) recruitment of licensed providers; and 
  9.24     (6) options, and the benefits available to employers 
  9.25  utilizing the various options, to expand child care services to 
  9.26  employees. 
  9.27     Services prescribed by this section must be designed to 
  9.28  maximize parental choice in the selection of child care and to 
  9.29  facilitate the maintenance and development of child care 
  9.30  services and resources. 
  9.31     (f) Child care resource and referral information must be 
  9.32  provided to all persons requesting services and to all types of 
  9.33  child care providers and employers. 
  9.34     (g) Each resource and referral program shall coordinate 
  9.35  early childhood training for child care providers in that 
  9.36  program's service delivery area.  The resource and referral 
 10.1   program shall convene an early childhood a child care and 
 10.2   education training advisory committee to assist in the following 
 10.3   activities: 
 10.4      (1) assess the early childhood child care and education 
 10.5   training needs of child care center staff and family and group 
 10.6   family child care providers, including both the needs related to 
 10.7   early childhood development and to the development of school-age 
 10.8   children; 
 10.9      (2) coordinate existing both early childhood and school-age 
 10.10  childhood care and education training; 
 10.11     (3) develop new early childhood and school-age child care 
 10.12  and education training opportunities; and 
 10.13     (4) publicize all early childhood and school-age training 
 10.14  classes and workshops to child care center staff and family and 
 10.15  group family child care providers in the service delivery area. 
 10.16     (h) Public or private entities may apply to the 
 10.17  commissioner for funding.  A local match of up to 25 percent is 
 10.18  required. 
 10.19     Sec. 17.  Minnesota Statutes 1996, section 119B.19, is 
 10.20  amended by adding a subdivision to read: 
 10.21     Subd. 4a.  [GRANT REQUIREMENTS.] (a) Each school-age child 
 10.22  care program may work with the resource and referral program in 
 10.23  the geographic region to coordinate training for school-age 
 10.24  child care providers in that program's service delivery area. 
 10.25     (b) Public or private entities may apply to the 
 10.26  commissioner for funding.  A local match of up to 25 percent is 
 10.27  required. 
 10.28     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 10.29  119B.21, subdivision 2, is amended to read: 
 10.30     Subd. 2.  [DISTRIBUTION OF FUNDS.] (a) The commissioner 
 10.31  shall allocate grant money appropriated for child care service 
 10.32  development among the development regions designated by the 
 10.33  governor under section 462.385, considering the following 
 10.34  factors for each economic development region: 
 10.35     (1) the number of children under 13 14 years of age needing 
 10.36  child care in the service area; 
 11.1      (2) the geographic area served by the agency; 
 11.2      (3) the ratio of children under 13 14 years of age needing 
 11.3   child care to the number of licensed spaces in the service area; 
 11.4      (4) the number of licensed child care providers and 
 11.5   extended day school-age child care programs in the service area; 
 11.6   and 
 11.7      (5) other related factors determined by the commissioner. 
 11.8      (b) Out of the amount allocated for each economic 
 11.9   development region, the commissioner shall award grants based on 
 11.10  the recommendation of the child care regional advisory 
 11.11  committees.  In addition, the commissioner shall award no more 
 11.12  than 75 percent of the money either to child care facilities for 
 11.13  the purpose of facility improvement or interim financing or to 
 11.14  child care workers for staff training expenses.  
 11.15     (c) Any funds unobligated may be used by the commissioner 
 11.16  to award grants to proposals that received funding 
 11.17  recommendations by the regional advisory committees but were not 
 11.18  awarded due to insufficient funds.  
 11.19     (d) The commissioner may allocate grants under this section 
 11.20  for a two-year period and may carry forward funds from the first 
 11.21  year as necessary. 
 11.22     Sec. 19.  Minnesota Statutes 1997 Supplement, section 
 11.23  119B.21, subdivision 4, is amended to read: 
 11.24     Subd. 4.  [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 
 11.25  AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 
 11.26  funds appropriated for child care resource and referral services 
 11.27  considering the following factors for each economic development 
 11.28  region served by the child care resource and referral agency:  
 11.29     (1) the number of children under 13 14 years of age needing 
 11.30  child care in the service area; 
 11.31     (2) the geographic area served by the agency; 
 11.32     (3) the ratio of children under 13 14 years of age needing 
 11.33  care to the number of licensed spaces in the service area; 
 11.34     (4) the number of licensed child care providers and 
 11.35  extended day school-age child care programs in the service area; 
 11.36  and 
 12.1      (5) other related factors determined by the commissioner.  
 12.2      (b) The commissioner may renew grants to existing resource 
 12.3   and referral agencies that have met state standards and have 
 12.4   been designated as the child care resource and referral service 
 12.5   for a particular geographical area.  The recipients of renewal 
 12.6   grants are exempt from the proposal review process. 
 12.7      Sec. 20.  Minnesota Statutes 1997 Supplement, section 
 12.8   119B.21, subdivision 5, is amended to read: 
 12.9      Subd. 5.  [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 
 12.10  MAY BE AWARDED.] The commissioner may award grants for: 
 12.11     (1) child care service development grants for the following 
 12.12  purposes: 
 12.13     (i) for creating new licensed day care facilities and 
 12.14  expanding existing facilities, including, but not limited to, 
 12.15  supplies, equipment, facility renovation, and remodeling; 
 12.16     (ii) for improving licensed day care facility programs, 
 12.17  including, but not limited to, center accreditation, incentives 
 12.18  for staff retention, staff specialists, staff training, 
 12.19  supplies, equipment, and facility renovation and remodeling; 
 12.20     (iii) for supportive child development services including, 
 12.21  but not limited to, in-service training, curriculum development, 
 12.22  consulting specialist, resource centers, and program and 
 12.23  resource materials; 
 12.24     (iv) for carrying out programs including, but not limited 
 12.25  to, staff, supplies, equipment, facility renovation, and 
 12.26  training; 
 12.27     (v) for interim financing; 
 12.28     (vi) family child care technical assistance awards; and 
 12.29     (vii) for capacity building through the purchase of 
 12.30  appropriate technology and software, and staff training to 
 12.31  create, enhance, and maintain financial systems for 
 12.32  facilities; and 
 12.33     (viii) for promoting cooperation and coordination in 
 12.34  school-age child care programs between school districts, 
 12.35  community education, park boards, after school programs, and 
 12.36  other programs serving school-age children; 
 13.1      (2) child care resource and referral program services 
 13.2   identified in section 119B.19, subdivision 3; or 
 13.3      (3) targeted recruitment initiatives to expand and build 
 13.4   capacity of the child care system, including, but not limited 
 13.5   to, increasing child care services during nontraditional hours. 
 13.6      Sec. 21.  Minnesota Statutes 1997 Supplement, section 
 13.7   119B.21, subdivision 11, is amended to read: 
 13.8      Subd. 11.  [ADVISORY TASK FORCE.] The commissioner may 
 13.9   convene a statewide advisory task force which shall advise the 
 13.10  commissioner on grants or other child care issues.  The 
 13.11  following constituent groups must be represented:  family child 
 13.12  care providers, center providers, school-age child care 
 13.13  providers, parent users, health services, social services, Head 
 13.14  Start, public schools, employers, and other citizens with 
 13.15  demonstrated interest in child care issues.  Each regional grant 
 13.16  review committee formed under subdivision 3, shall appoint a 
 13.17  representative to the advisory task force.  Additional members 
 13.18  may be appointed by the commissioner.  The commissioner may 
 13.19  convene meetings of the task force as needed.  Terms of office 
 13.20  and removal from office are governed by the appointing body.  
 13.21  The commissioner may compensate members for their travel, child 
 13.22  care, and child care provider substitute expenses for meetings 
 13.23  of the task force.  
 13.24     Sec. 22.  [119B.26] [CHILD CARE ENHANCEMENT; AVAILABILITY; 
 13.25  OUTREACH.] 
 13.26     Subdivision 1.  [COORDINATED OUTREACH EFFORTS.] The 
 13.27  commissioner may coordinate efforts to enhance the supply, 
 13.28  quality, and diversity of child care in Minnesota communities 
 13.29  and to provide information necessary for families to make 
 13.30  informed child care choices.  The goals of these efforts are to: 
 13.31     (1) increase the supply of child care; 
 13.32     (2) increase the capacity of communities to provide child 
 13.33  care for families transitioning from welfare to work; 
 13.34     (3) assist communities in providing culturally appropriate 
 13.35  child care services; 
 13.36     (4) assist families in making informed decisions about 
 14.1   child care; and 
 14.2      (5) increase the public understanding and awareness of 
 14.3   child care.  
 14.4      Subd. 2.  [MULTICULTURAL OUTREACH.] The commissioner may 
 14.5   contract for or provide child care licensing information and 
 14.6   child care application and selection information in all of the 
 14.7   predominant non-English languages in Minnesota.  The 
 14.8   commissioner may coordinate or contract for services to provide 
 14.9   technical assistance to license and market child care facilities 
 14.10  and services in Minnesota's communities of color, provide 
 14.11  developmental training, and provide business support and 
 14.12  assistance through the start-up period for licensed facilities. 
 14.13     Sec. 23.  Minnesota Statutes 1996, section 120.1701, 
 14.14  subdivision 5, is amended to read: 
 14.15     Subd. 5.  [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 
 14.16  A school district, group of districts, or special education 
 14.17  cooperative, in cooperation with the health and human service 
 14.18  agencies located in the county or counties in which the district 
 14.19  or cooperative is located, shall establish an interagency early 
 14.20  intervention committee for children with disabilities under age 
 14.21  five and their families.  Committees shall include 
 14.22  representatives of local and regional health, education, and 
 14.23  county human service agencies; county boards; school boards; 
 14.24  early childhood family education programs; child care resource 
 14.25  and referral programs; child care providers; parents of young 
 14.26  children with disabilities under age 12; current service 
 14.27  providers; and may also include representatives from other 
 14.28  private or public agencies such as family service 
 14.29  collaboratives.  The committee shall elect a chair from among 
 14.30  its members and shall meet at least quarterly. 
 14.31     (b) The committee shall develop and implement interagency 
 14.32  policies and procedures concerning the following ongoing duties: 
 14.33     (1) develop public awareness systems designed to inform 
 14.34  potential recipient families of available programs and services; 
 14.35     (2) implement interagency child find systems designed to 
 14.36  actively seek out, identify, and refer infants and young 
 15.1   children with, or at risk of, disabilities and their families; 
 15.2      (3) establish and evaluate the identification, referral, 
 15.3   child and family assessment systems, procedural safeguard 
 15.4   process, and community learning systems to recommend, where 
 15.5   necessary, alterations and improvements; 
 15.6      (4) assure the development of individualized family service 
 15.7   plans for all eligible infants and toddlers with disabilities 
 15.8   from birth through age two, and their families, and individual 
 15.9   education plans and individual service plans when necessary to 
 15.10  appropriately serve children with disabilities, age three and 
 15.11  older, and their families and recommend assignment of financial 
 15.12  responsibilities to the appropriate agencies.  Agencies are 
 15.13  encouraged to develop individual family service plans for 
 15.14  children with disabilities, age three and older; 
 15.15     (5) implement a process for assuring that services involve 
 15.16  cooperating agencies at all steps leading to individualized 
 15.17  programs; 
 15.18     (6) facilitate the development of a transitional plan if a 
 15.19  service provider is not recommended to continue to provide 
 15.20  services; 
 15.21     (7) identify the current services and funding being 
 15.22  provided within the community for children with disabilities 
 15.23  under age five and their families; 
 15.24     (8) develop a plan for the allocation and expenditure of 
 15.25  additional state and federal early intervention funds under 
 15.26  United States Code, title 20, section 1471 et seq. (Part H, 
 15.27  Public Law Number 102-119) and United States Code, title 20, 
 15.28  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 15.29     (9) develop a policy that is consistent with section 13.05, 
 15.30  subdivision 9, and federal law to enable a member of an 
 15.31  interagency early intervention committee to allow another member 
 15.32  access to data classified as not public; and 
 15.33     (10) identify the child care services available in the 
 15.34  community for children with disabilities and facilitate a 
 15.35  process for the integration and coordination of child care 
 15.36  services with other services provided to children with 
 16.1   disabilities. 
 16.2      (c) The local committee shall also: 
 16.3      (1) participate in needs assessments and program planning 
 16.4   activities conducted by local social service, health and 
 16.5   education agencies for young children with disabilities and 
 16.6   their families; 
 16.7      (2) review and comment on the early intervention section of 
 16.8   the total special education system for the district, the county 
 16.9   social service plan, the section or sections of the community 
 16.10  health services plan that address needs of and service 
 16.11  activities targeted to children with special health care needs, 
 16.12  and the section of the maternal and child health special project 
 16.13  grants that address needs of and service activities targeted to 
 16.14  children with chronic illness and disabilities; and 
 16.15     (3) prepare a yearly summary on the progress of the 
 16.16  community in serving young children with disabilities, and their 
 16.17  families, including the expenditure of funds, the identification 
 16.18  of unmet service needs identified on the individual family 
 16.19  services plan and other individualized plans, and local, state, 
 16.20  and federal policies impeding the implementation of this section.
 16.21     (d) The summary must be organized following a format 
 16.22  prescribed by the commissioner of the state lead agency and must 
 16.23  be submitted to each of the local agencies and to the state 
 16.24  interagency coordinating council by October 1 of each year. 
 16.25     The departments of children, families, and learning, 
 16.26  health, and human services must provide assistance to the local 
 16.27  agencies in developing cooperative plans for providing services. 
 16.28     Sec. 24.  Minnesota Statutes 1996, section 121.8355, is 
 16.29  amended by adding a subdivision to read: 
 16.30     Subd. 2b.  [INSURANCE.] The commissioner of children, 
 16.31  families, and learning may designate one collaborative to act as 
 16.32  a lead collaborative for purposes of obtaining insurance 
 16.33  coverage for participating collaboratives. 
 16.34     Sec. 25.  Minnesota Statutes 1996, section 124.26, 
 16.35  subdivision 1c, is amended to read: 
 16.36     Subd. 1c.  [PROGRAM APPROVAL.] (a) To receive aid under 
 17.1   this section, a district, a consortium of districts, or a 
 17.2   private nonprofit organization must submit an application by 
 17.3   June 1 describing the program, on a form provided by the 
 17.4   department.  The program must be approved by the commissioner 
 17.5   according to the following criteria:  
 17.6      (1) how the needs of different levels of learning will be 
 17.7   met; 
 17.8      (2) for continuing programs, an evaluation of results; 
 17.9      (3) anticipated number and education level of participants; 
 17.10     (4) coordination with other resources and services; 
 17.11     (5) participation in a consortium, if any, and money 
 17.12  available from other participants; 
 17.13     (6) management and program design; 
 17.14     (7) volunteer training and use of volunteers; 
 17.15     (8) staff development services; 
 17.16     (9) program sites and schedules; and 
 17.17     (10) program expenditures that qualify for aid.  
 17.18     (b) The commissioner may grant adult basic education funds 
 17.19  to a private, nonprofit organization to provide services that 
 17.20  are not offered by a district or that are supplemental to a 
 17.21  district's program.  The A program provided under this provision 
 17.22  must be approved and funded according to the same criteria used 
 17.23  for district programs under paragraph (c). 
 17.24     (c) The commissioner may use up to two percent of the 
 17.25  annual state appropriation for adult basic education for grants 
 17.26  to nonprofit organizations to provide statewide support 
 17.27  services, including but not limited to: 
 17.28     (1) training literacy volunteers; 
 17.29     (2) coordinating volunteer literacy programs in schools and 
 17.30  other locations; 
 17.31     (3) operating a toll-free telephone referral service for 
 17.32  adult students and volunteers; and 
 17.33     (4) promoting literacy awareness. 
 17.34     In making a grant under this paragraph, the commissioner 
 17.35  shall consider an organization's prior experience and capacity 
 17.36  to provide services throughout the state.  
 18.1      (d) Adult basic education programs may be approved under 
 18.2   this subdivision for up to five years.  Five-year program 
 18.3   approval shall be granted to an applicant who has demonstrated 
 18.4   the capacity to: 
 18.5      (1) offer comprehensive learning opportunities and support 
 18.6   service choices appropriate for and accessible to adults at all 
 18.7   basic skill need levels; 
 18.8      (2) provide a participatory and experiential learning 
 18.9   approach based on the strengths, interests, and needs of each 
 18.10  adult, that enables adults with basic skill needs to: 
 18.11     (i) identify, plan for, and evaluate their own progress 
 18.12  toward achieving their defined educational and occupational 
 18.13  goals; 
 18.14     (ii) master the basic academic reading, writing, and 
 18.15  computational skills, as well as the problem-solving, decision 
 18.16  making, interpersonal effectiveness, and other life and learning 
 18.17  skills they need to function effectively in a changing society; 
 18.18     (iii) locate and be able to use the health, governmental, 
 18.19  and social services and resources they need to improve their own 
 18.20  and their families' lives; and 
 18.21     (iv) continue their education, if they desire, to at least 
 18.22  the level of secondary school completion, with the ability to 
 18.23  secure and benefit from continuing education that will enable 
 18.24  them to become more employable, productive, and responsible 
 18.25  citizens; 
 18.26     (3) plan, coordinate, and develop cooperative agreements 
 18.27  with community resources to address the needs that the adults 
 18.28  have for support services, such as transportation, flexible 
 18.29  course scheduling, convenient class locations, and child care; 
 18.30     (4) collaborate with business, industry, labor unions, and 
 18.31  employment-training agencies, as well as with family and 
 18.32  occupational education providers, to arrange for resources and 
 18.33  services through which adults can attain economic 
 18.34  self-sufficiency; 
 18.35     (5) provide sensitive and well trained adult education 
 18.36  personnel who participate in local, regional, and statewide 
 19.1   adult basic education staff development events to master 
 19.2   effective adult learning and teaching techniques; 
 19.3      (6) participate in regional adult basic education peer 
 19.4   program reviews and evaluations; and 
 19.5      (7) submit accurate and timely performance and fiscal 
 19.6   reports. 
 19.7      Sec. 26.  Minnesota Statutes 1996, section 245A.14, 
 19.8   subdivision 4, is amended to read: 
 19.9      Subd. 4.  [SPECIAL FAMILY DAY CARE HOMES.] (a) 
 19.10  Nonresidential child care programs serving 14 or fewer children 
 19.11  that are conducted at a location other than the license holder's 
 19.12  own residence shall be licensed under this section and the rules 
 19.13  governing family day care or group family day care if:  
 19.14     (a) (1) the license holder is the primary provider of care; 
 19.15  (b) and the nonresidential child care program is conducted in a 
 19.16  dwelling that is located on a residential lot; and 
 19.17     (c) the license holder complies with all other requirements 
 19.18  of sections 245A.01 to 245A.15 and the rules governing family 
 19.19  day care or group family day care. or 
 19.20     (2) the license holder is an employer who may or may not be 
 19.21  the primary provider of care, and the purpose for the child care 
 19.22  program is to provide child care services to children of the 
 19.23  license holder's employees.  
 19.24     (b) Notwithstanding section 245A.16, subdivision 1, the 
 19.25  commissioner shall not delegate the authority to licensing 
 19.26  facilities under this section to county agencies or other 
 19.27  private agencies. 
 19.28     Sec. 27.  Minnesota Statutes 1996, section 256.045, is 
 19.29  amended by adding a subdivision to read: 
 19.30     Subd. 3c.  [FINAL ORDER IN HEARING UNDER SECTION 119B.16.] 
 19.31  The state human services referee shall recommend an order to the 
 19.32  commissioner of children, families, and learning in an appeal 
 19.33  under section 119B.16.  The commissioner shall affirm, reverse, 
 19.34  or modify the order.  An order issued under this subdivision is 
 19.35  conclusive on the parties unless an appeal is taken under 
 19.36  subdivision 7.  
 20.1      Sec. 28.  Minnesota Statutes 1996, section 256.045, 
 20.2   subdivision 6, is amended to read: 
 20.3      Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
 20.4   SUBPOENAS.] (a) The commissioner of human services, or the 
 20.5   commissioner of health for matters within the commissioner's 
 20.6   jurisdiction under subdivision 3b, or the commissioner of 
 20.7   children, families, and learning for matters within the 
 20.8   commissioner's jurisdiction under subdivision 3, may initiate a 
 20.9   review of any action or decision of a county agency and direct 
 20.10  that the matter be presented to a state human services referee 
 20.11  for a hearing held under subdivision 3, 3a, 3b, or 4a.  In all 
 20.12  matters dealing with human services committed by law to the 
 20.13  discretion of the county agency, the commissioner's judgment may 
 20.14  be substituted for that of the county agency.  The commissioner 
 20.15  may order an independent examination when appropriate. 
 20.16     (b) Any party to a hearing held pursuant to subdivision 3, 
 20.17  3a, 3b, or 4a may request that the commissioner issue a subpoena 
 20.18  to compel the attendance of witnesses at the hearing.  The 
 20.19  issuance, service, and enforcement of subpoenas under this 
 20.20  subdivision is governed by section 357.22 and the Minnesota 
 20.21  Rules of Civil Procedure. 
 20.22     (c) The commissioner may issue a temporary order staying a 
 20.23  proposed demission by a residential facility licensed under 
 20.24  chapter 245A while an appeal by a recipient under subdivision 3 
 20.25  is pending or for the period of time necessary for the county 
 20.26  agency to implement the commissioner's order. 
 20.27     Sec. 29.  Minnesota Statutes 1997 Supplement, section 
 20.28  256.045, subdivision 7, is amended to read: 
 20.29     Subd. 7.  [JUDICIAL REVIEW.] Except for a prepaid health 
 20.30  plan, any party who is aggrieved by an order of the commissioner 
 20.31  of human services, or the commissioner of health in appeals 
 20.32  within the commissioner's jurisdiction under subdivision 3b, or 
 20.33  the commissioner of children, families, and learning in appeals 
 20.34  within the commissioner's jurisdiction under subdivision 3, may 
 20.35  appeal the order to the district court of the county responsible 
 20.36  for furnishing assistance, or, in appeals under subdivision 3b, 
 21.1   the county where the maltreatment occurred, by serving a written 
 21.2   copy of a notice of appeal upon the commissioner and any adverse 
 21.3   party of record within 30 days after the date the commissioner 
 21.4   issued the order, the amended order, or order affirming the 
 21.5   original order, and by filing the original notice and proof of 
 21.6   service with the court administrator of the district court.  
 21.7   Service may be made personally or by mail; service by mail is 
 21.8   complete upon mailing; no filing fee shall be required by the 
 21.9   court administrator in appeals taken pursuant to this 
 21.10  subdivision, with the exception of appeals taken under 
 21.11  subdivision 3b.  The commissioner may elect to become a party to 
 21.12  the proceedings in the district court.  Except for appeals under 
 21.13  subdivision 3b, any party may demand that the commissioner 
 21.14  furnish all parties to the proceedings with a copy of the 
 21.15  decision, and a transcript of any testimony, evidence, or other 
 21.16  supporting papers from the hearing held before the human 
 21.17  services referee, by serving a written demand upon the 
 21.18  commissioner within 30 days after service of the notice of 
 21.19  appeal.  Any party aggrieved by the failure of an adverse party 
 21.20  to obey an order issued by the commissioner under subdivision 5 
 21.21  may compel performance according to the order in the manner 
 21.22  prescribed in sections 586.01 to 586.12. 
 21.23     Sec. 30.  [268.372] [DELIVERED FUEL CASH FLOW ACCOUNT.] 
 21.24     Subdivision 1.  [ESTABLISHMENT.] There is established a 
 21.25  cash flow account in the state treasury where the commissioner 
 21.26  of finance may use general fund reserves.  These reserves may 
 21.27  only be used to meet cash demands of increasing energy 
 21.28  assistance for low-income households who receive energy 
 21.29  assistance through the federal energy assistance program.  The 
 21.30  commissioner of finance shall administer this account according 
 21.31  to the provisions of section 16A.129.  Money in the account from 
 21.32  anticipated receivables is available to the commissioner of 
 21.33  children, families, and learning for the biennium for the 
 21.34  purposes in this section. 
 21.35     Subd. 2.  [USES OF THE ACCOUNT.] The commissioner may 
 21.36  advance money from the delivered fuel account to participating 
 22.1   energy assistance delivery agencies to establish a voluntary 
 22.2   preseason fuel purchase program.  All money advanced from the 
 22.3   account must be used for preseason fuel purchases or contracts. 
 22.4      Subd. 3.  [DELIVERY AGENCY DUTIES.] Energy assistance 
 22.5   delivery agencies may request advances from the account to 
 22.6   obtain preseason delivered fuels through participating fuel 
 22.7   vendors.  The agencies must ensure that any money advanced from 
 22.8   the account is used to benefit households that are eligible for 
 22.9   the federal low-income energy assistance program.  The energy 
 22.10  assistance delivery agencies must recruit local fuel vendors to 
 22.11  participate in the prepurchase program, negotiate fuel price and 
 22.12  delivery terms, and coordinate services for low-income 
 22.13  households.  Nothing in this section requires fuel vendors to 
 22.14  participate in a preseason purchase program. 
 22.15     Subd. 4.  [COMMISSIONER RESPONSIBILITY.] The commissioner 
 22.16  must establish a prepurchase propane program and summer fill 
 22.17  program for fuel oil to increase the energy assistance available 
 22.18  to low-income households.  The commissioner may advance funds to 
 22.19  participating energy assistance agencies for the purposes of the 
 22.20  program.  The commissioner must repay the amount of any advances 
 22.21  from the delivered fuel cash flow account upon receipt of 
 22.22  federal funds for the low-income energy assistance program.  The 
 22.23  commissioner must annually estimate the amount of federal 
 22.24  payments that will be available to repay advances for the 
 22.25  prepurchase fuel program. Advances from the delivered fuel cash 
 22.26  flow account must not exceed the amount that can be repaid from 
 22.27  federal funds. 
 22.28     Sec. 31.  Minnesota Statutes 1996, section 268.52, 
 22.29  subdivision 1, is amended to read: 
 22.30     Subdivision 1.  [AUTHORIZATION.] The commissioner of 
 22.31  economic security children, families, and learning may provide 
 22.32  financial assistance for community action agencies, Indian 
 22.33  reservations and the statewide migrant seasonal farmworker 
 22.34  organization known as the Minnesota migrant council, and migrant 
 22.35  and seasonal farmworker organizations to carry out community 
 22.36  action programs as described in section 268.54 in accordance 
 23.1   with the omnibus reconciliation act of 1981, Public Law Number 
 23.2   97-35, as amended in 1984, Public Law Number 98-558, state law, 
 23.3   and federal law and regulation. 
 23.4      Sec. 32.  Minnesota Statutes 1996, section 268.52, 
 23.5   subdivision 2, is amended to read: 
 23.6      Subd. 2.  [ALLOCATION OF MONEY.] (a) State money 
 23.7   appropriated and community service block grant money allotted to 
 23.8   the state and all money transferred to the community service 
 23.9   block grant from other block grants shall be allocated annually 
 23.10  to community action agencies and Indian reservation governments 
 23.11  under clauses (b) and (c), and to the Minnesota migrant council 
 23.12  migrant and seasonal farmworker organizations under clause (d). 
 23.13     (b) The available annual money will provide base funding to 
 23.14  all community action agencies and the Indian reservations.  Base 
 23.15  funding amounts per agency are as follows:  for agencies with 
 23.16  low income populations up to 3,999, $25,000; 4,000 to 23,999, 
 23.17  $50,000; and 24,000 or more, $100,000. 
 23.18     (c) All remaining money of the annual money available after 
 23.19  the base funding has been determined must be allocated to each 
 23.20  agency and reservation in proportion to the size of the poverty 
 23.21  level population in the agency's service area compared to the 
 23.22  size of the poverty level population in the state.  
 23.23     (d) Allocation of money to the Minnesota migrant council 
 23.24  migrant and seasonal farmworker organizations must not exceed 
 23.25  three percent of the total annual money available.  Base funding 
 23.26  allocations must be made for all community action agencies and 
 23.27  Indian reservations that received money under this subdivision, 
 23.28  in fiscal year 1984, and for community action agencies 
 23.29  designated under this section with a service area population of 
 23.30  35,000 or greater. 
 23.31     Sec. 33.  Minnesota Statutes 1997 Supplement, section 
 23.32  268.53, subdivision 5, is amended to read: 
 23.33     Subd. 5.  [FUNCTIONS; POWERS.] A community action agency 
 23.34  shall:  
 23.35     (a) Plan systematically for an effective community action 
 23.36  program; develop information as to the problems and causes of 
 24.1   poverty in the community; determine how much and how effectively 
 24.2   assistance is being provided to deal with those problems and 
 24.3   causes; and establish priorities among projects, activities and 
 24.4   areas as needed for the best and most efficient use of 
 24.5   resources; 
 24.6      (b) Encourage agencies engaged in activities related to the 
 24.7   community action program to plan for, secure, and administer 
 24.8   assistance available under section 268.52 or from other sources 
 24.9   on a common or cooperative basis; provide planning or technical 
 24.10  assistance to those agencies; and generally, in cooperation with 
 24.11  community agencies and officials, undertake actions to improve 
 24.12  existing efforts to reduce poverty, such as improving day-to-day 
 24.13  communications, closing service gaps, focusing resources on the 
 24.14  most needy, and providing additional opportunities to low-income 
 24.15  individuals for regular employment or participation in the 
 24.16  programs or activities for which those community agencies and 
 24.17  officials are responsible; 
 24.18     (c) Initiate and sponsor projects responsive to needs of 
 24.19  the poor which are not otherwise being met, with particular 
 24.20  emphasis on providing central or common services that can be 
 24.21  drawn upon by a variety of related programs, developing new 
 24.22  approaches or new types of services that can be incorporated 
 24.23  into other programs, and filling gaps pending the expansion or 
 24.24  modification of those programs; 
 24.25     (d) Establish effective procedures by which the poor and 
 24.26  area residents concerned will be enabled to influence the 
 24.27  character of programs affecting their interests, provide for 
 24.28  their regular participation in the implementation of those 
 24.29  programs, and provide technical and other support needed to 
 24.30  enable the poor and neighborhood groups to secure on their own 
 24.31  behalf available assistance from public and private sources; 
 24.32     (e) Join with and encourage business, labor and other 
 24.33  private groups and organizations to undertake, together with 
 24.34  public officials and agencies, activities in support of the 
 24.35  community action program which will result in the additional use 
 24.36  of private resources and capabilities, with a view to developing 
 25.1   new employment opportunities, stimulating investment that will 
 25.2   have a measurable impact on reducing poverty among residents of 
 25.3   areas of concentrated poverty, and providing methods by which 
 25.4   residents of those areas can work with private groups, firms, 
 25.5   and institutions in seeking solutions to problems of common 
 25.6   concern.  
 25.7      Community action agencies, the Minnesota migrant council 
 25.8   migrant and seasonal farmworker organizations, and the Indian 
 25.9   reservations, may enter into cooperative purchasing agreements 
 25.10  and self-insurance programs with local units of government.  
 25.11  Nothing in this section expands or limits the current private or 
 25.12  public nature of a local community action agency. 
 25.13     (f) Adopt policies that require the agencies to refer area 
 25.14  residents and community action program constituents to education 
 25.15  programs that increase literacy, improve parenting skills, and 
 25.16  address the needs of children from families in poverty.  These 
 25.17  programs include, but are not limited to, early childhood family 
 25.18  education programs, adult basic education programs, and other 
 25.19  life-long learning opportunities.  The agencies and agency 
 25.20  programs, including Head Start, shall collaborate with child 
 25.21  care and other early childhood education programs to ensure 
 25.22  smooth transitions to work for parents. 
 25.23     Sec. 34.  Minnesota Statutes 1996, section 268.54, 
 25.24  subdivision 2, is amended to read: 
 25.25     Subd. 2.  [COMPONENTS.] The components of a community 
 25.26  action program shall be designed to assist participants, 
 25.27  including homeless individuals and families, migrant and 
 25.28  seasonal farmworkers, and the elderly poor to achieve increased 
 25.29  self-sufficiency and greater participation in the affairs of the 
 25.30  community by providing services and programs not sufficiently 
 25.31  provided in the community by any governmental unit, any public 
 25.32  institution, or any other publicly funded agency or 
 25.33  corporation.  Community action agencies, governmental units, 
 25.34  public institutions or other publicly funded agencies or 
 25.35  corporations shall consult on whether or not a program or 
 25.36  service is sufficiently provided in the community. 
 26.1      Sec. 35.  Minnesota Statutes 1997 Supplement, section 
 26.2   466.01, subdivision 1, is amended to read: 
 26.3      Subdivision 1.  [MUNICIPALITY.] For the purposes of 
 26.4   sections 466.01 to 466.15, "municipality" means any city, 
 26.5   whether organized under home rule charter or otherwise, any 
 26.6   county, town, public authority, public corporation, nonprofit 
 26.7   firefighting corporation that has associated with it a relief 
 26.8   association as defined in section 424A.001, subdivision 4, 
 26.9   special district, school district, however organized, county 
 26.10  agricultural society organized pursuant to chapter 38, joint 
 26.11  powers board or organization created under section 471.59 or 
 26.12  other statute, public library, regional public library system, 
 26.13  multicounty multitype library system, family services 
 26.14  collaborative whose plan has been approved by the children's 
 26.15  cabinet established under section 121.8355, children's mental 
 26.16  health collaboratives established under sections 245.491 to 
 26.17  245.496, or a collaborative established by the merger of a 
 26.18  children's mental health collaborative and a family services 
 26.19  collaborative, other political subdivision, or community action 
 26.20  agency. 
 26.21     Sec. 36.  Laws 1997, chapter 248, section 47, subdivision 
 26.22  1, is amended to read: 
 26.23     Subdivision 1.  [INTERIM AGE GROUPINGS; FAMILY DAY CARE.] 
 26.24  Notwithstanding Minnesota Rules, part 9502.0315, subparts 22, 28 
 26.25  and 30, until June 30, 1998, for the purposes of family day care 
 26.26  and group family day care licensure the following definitions 
 26.27  apply: 
 26.28     (1) "Preschooler" means a child who is at least 24 months 
 26.29  old up to the age of being eligible to enter kindergarten within 
 26.30  the next four months. 
 26.31     (2) "Toddler" means a child who is at least 12 months old 
 26.32  but less than 24 months old, except that for purposes of 
 26.33  specialized infant and toddler family and group family day care, 
 26.34  "toddler" means a child who is at least 12 months old but less 
 26.35  than 30 months old. 
 26.36     (3) "School age" means a child who is at least of 
 27.1   sufficient age to have attended the first day of kindergarten, 
 27.2   or is eligible to enter kindergarten within the next four 
 27.3   months, but is younger than 11 years of age. 
 27.4      Sec. 37.  [CHILD CARE TRANSITION.] 
 27.5      The commissioner of children, families, and learning shall 
 27.6   implement procedures to assure that all families completing 
 27.7   transition year child care assistance in state fiscal year 1999 
 27.8   shall move to basic sliding fee child care assistance without 
 27.9   interruption in service. 
 27.10     Sec. 38.  [EFFECTIVE DATE.] 
 27.11     Sections 1, 6, 29 to 33, and 37 are effective the day 
 27.12  following final enactment. 
 27.13                             ARTICLE 2
 27.14                           APPROPRIATIONS
 27.15     Section 1.  Laws 1997, chapter 162, article 1, section 18, 
 27.16  subdivision 8, is amended to read: 
 27.17     Subd. 8.  [HEAD START PROGRAM.] For Head Start programs 
 27.18  according to Minnesota Statutes, section 268.914: 
 27.19       $18,750,000     .....     1998
 27.20       $18,750,000 $21,500,000     .....     1999
 27.21     The commissioner may use up to two percent each year for 
 27.22  state operations. 
 27.23     Any balance in the first year does not cancel but is 
 27.24  available in the second year. 
 27.25     $1,000,000 each year must be used for competitive grants to 
 27.26  local Head Start agencies for full-year programming for children 
 27.27  ages 0 to 3.  The programs must comply with applicable federal 
 27.28  Head Start performance standards.  Grantees may use state grant 
 27.29  funds to provide services in addition to those allowed under 
 27.30  federal Head Start regulations. 
 27.31     Up to $250,000 is for a matching grant to Little Earth 
 27.32  Residents Association for programming in the Neighborhood Early 
 27.33  Learning Center. 
 27.34     The increase in the fiscal year 1999 appropriation must be 
 27.35  used for grants to programs that provide all-day programming 
 27.36  using a combination of Head Start programming and child care 
 28.1   services for children ages 0 to 3. 
 28.2      The increase in the fiscal year 1999 appropriation is a 
 28.3   one-time appropriation. 
 28.4      Sec. 2.  Laws 1997, chapter 162, article 3, section 8, 
 28.5   subdivision 3, is amended to read: 
 28.6      Subd. 3.  [TRANSITIONAL HOUSING PROGRAMS.] For transitional 
 28.7   housing programs according to Minnesota Statutes, section 268.38:
 28.8        $1,728,000     .....     1998
 28.9        $1,728,000 $2,728,000    .....     1999
 28.10     Any balance in the first year does not cancel but is 
 28.11  available in the second year. 
 28.12     Of this appropriation, up to five percent each year may be 
 28.13  used for administrative costs.  A portion of this appropriation 
 28.14  may be used for the emergency services grant program under 
 28.15  section 7. 
 28.16     Any increase in the fiscal year 1999 appropriation is a 
 28.17  one-time appropriation for fiscal year 1999 only. 
 28.18     Sec. 3.  Laws 1997, chapter 162, article 4, section 63, 
 28.19  subdivision 2, is amended to read: 
 28.20     Subd. 2.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 28.21  assistance according to Minnesota Statutes, section 119B.03: 
 28.22       $41,751,000     .....     1998
 28.23       $50,751,000 $60,751,000     .....     1999
 28.24     Any balance in the first year does not cancel but is 
 28.25  available the second year. 
 28.26     Of this appropriation, the department shall allocate the 
 28.27  amount necessary to administer the at-home child care program 
 28.28  under section 22. 
 28.29     Funds appropriated but not expended in the biennium 
 28.30  beginning July 1, 1997, do not cancel and must be deposited in 
 28.31  the child care reserve account under Minnesota Statutes, section 
 28.32  119B.075. 
 28.33     The increase in the fiscal year 1999 appropriation is a 
 28.34  one-time appropriation. 
 28.35     Sec. 4.  Laws 1997, chapter 162, article 4, section 63, 
 28.36  subdivision 3, is amended to read: 
 29.1      Subd. 3.  [TANF CHILD CARE.] For child care assistance 
 29.2   according to Minnesota Statutes, section 119B.05: 
 29.3        $34,331,000 $22,468,000     .....     1998
 29.4        $64,838,000 $83,119,000     .....     1999
 29.5      Up to $500,000 of the fiscal year 1998 appropriation may be 
 29.6   used for grants under section 23. 
 29.7      Any balance in the first year does not cancel but is 
 29.8   available in the second year. 
 29.9      Funds appropriated but not expended in the biennium 
 29.10  beginning July 1, 1997, do not cancel and must be deposited in 
 29.11  the child care reserve account under Minnesota Statutes, section 
 29.12  119B.075. 
 29.13     Sec. 5.  [FEDERAL TANF TRANSFERS.] 
 29.14     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 29.15  LEARNING.] The sums indicated in this section are transferred 
 29.16  from the federal TANF fund to the child care and development 
 29.17  fund and appropriated to the department of children, families, 
 29.18  and learning for fiscal year 1999. 
 29.19     Subd. 2.  [CHILD CARE DATA MANAGEMENT PROJECT.] For the 
 29.20  design and implementation of a statewide child care data 
 29.21  management system for child care assistance programs: 
 29.22       $1,500,000     .....     1999
 29.23     The system must be appropriately integrated with state and 
 29.24  local existing and developing human services and education data 
 29.25  systems. 
 29.26     This is a one-time appropriation. 
 29.27     Subd. 3.  [CHILD CARE SERVICE DEVELOPMENT.] For child care 
 29.28  service development grants according to Minnesota Statutes, 
 29.29  section 119B.21: 
 29.30       $3,500,000     .....     1999
 29.31     Of this appropriation, $1,000,000 is for grants or loans 
 29.32  for training and recruitment of child care providers. 
 29.33     Each regional child care resource and referral agency must 
 29.34  consult with school districts to assess the need for 
 29.35  after-school child care.  The agencies must report their 
 29.36  findings to the commissioner by January 20, 1999. 
 30.1      This is a one-time appropriation. 
 30.2      Sec. 6.  [APPROPRIATION; LEAD ABATEMENT PROGRAM.] 
 30.3      $250,000 for fiscal year 1999 is appropriated from the 
 30.4   general fund to the commissioner of children, families, and 
 30.5   learning for the lead abatement program under Minnesota 
 30.6   Statutes, section 268.92.  This appropriation must be used for 
 30.7   the swab team service program to provide lead clean-up and 
 30.8   abatement services in geographic areas where the residents have 
 30.9   a high risk of elevated blood lead levels. 
 30.10     This is a one-time appropriation and is not to be added to 
 30.11  the base appropriation. 
 30.12     Sec. 7.  [APPROPRIATION; EMERGENCY SERVICES GRANTS.] 
 30.13     $1,000,000 is appropriated in fiscal year 1999 from the 
 30.14  general fund to the department of children, families, and 
 30.15  learning for emergency services grants under Laws 1997, chapter 
 30.16  162, article 3, section 7.  This is a one-time appropriation for 
 30.17  fiscal year 1999 only. 
 30.18     Sec. 8.  [APPROPRIATION; ADMINISTRATION OF ABUSED CHILDREN 
 30.19  PROGRAMS.] 
 30.20     Of the amount appropriated under Laws 1997, chapter 162, 
 30.21  article 2, section 31, subdivision 8, up to $134,000 for fiscal 
 30.22  year 1998 and up to $134,000 for fiscal year 1999 may be used 
 30.23  for state costs to administer abused children programs under 
 30.24  Minnesota Statutes, sections 119A.20 to 119A.23. 
 30.25     Sec. 9.  [APPROPRIATION; ADMINISTRATION OF DRUG POLICY AND 
 30.26  VIOLENCE PREVENTION PROGRAMS.] 
 30.27     Of the amount appropriated under Laws 1997, chapter 162, 
 30.28  article 2, section 31, subdivision 9, up to $305,000 for fiscal 
 30.29  year 1998 and up to $305,000 for fiscal year 1999 may be used 
 30.30  for state costs to administer drug policy and violence 
 30.31  prevention programs under Minnesota Statutes, sections 119A.25 
 30.32  to 119A.29 and 119A.32 to 119A.34. 
 30.33     Sec. 10.  [APPROPRIATION; ADMINISTRATION OF THE CHILDREN'S 
 30.34  TRUST FUND.] 
 30.35     Of the amount appropriated under Laws 1997, chapter 162, 
 30.36  article 2, section 31, subdivision 10, up to $22,000 for fiscal 
 31.1   year 1998 and up to $22,000 for fiscal year 1999 may be used for 
 31.2   state costs to administer the children's trust fund under 
 31.3   Minnesota Statutes, sections 119A.10 to 119A.17.  
 31.4      Of the amount in the special revenue account from fees 
 31.5   under Minnesota Statutes, section 144.226, subdivision 3, up to 
 31.6   $120,000 for fiscal year 1998 and $120,000 for fiscal year 1999 
 31.7   may be used for operating costs of the children's trust fund. 
 31.8      Sec. 11.  [EFFECTIVE DATE.] 
 31.9      Sections 4, 9, 10, and 11 are effective the day following 
 31.10  final enactment.