Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                              CHAPTER 3-H.F.No. 4 
                  An act relating to family and early childhood 
                  education; providing for children and family support 
                  programs, prevention and intervention, 
                  self-sufficiency and lifelong learning, and libraries; 
                  appropriating money; amending Minnesota Statutes 2000, 
                  sections 119A.12, by adding subdivisions; 119A.13, 
                  subdivision 4; 119A.21; 119A.22; 119B.011, subdivision 
                  19, by adding a subdivision; 119B.06, by adding a 
                  subdivision; 119B.061, subdivision 4; 119B.11, 
                  subdivision 1; 119B.13, subdivision 6; 119B.24; 
                  124D.135, by adding subdivisions; 124D.16, subdivision 
                  2, by adding subdivisions; 124D.19, by adding 
                  subdivisions; 124D.20, subdivisions 1, 5, by adding a 
                  subdivision; 124D.518, subdivision 5; 124D.52, 
                  subdivision 2; 124D.522; 124D.531, subdivisions 1, 3, 
                  7; 125A.28; 125B.20, subdivision 1; 134.31, 
                  subdivision 5; Laws 2000, chapter 489, article 5, 
                  section 23; proposing coding for new law in Minnesota 
                  Statutes, chapters 119A; 134; repealing Minnesota 
                  Statutes 2000, sections 119A.13, subdivisions 1, 2, 3; 
                  119A.14, subdivision 2; 119A.23; 124D.33; 124D.331; 
                  125B.20, subdivision 3; Minnesota Rules, parts 
                  3530.2610; 3530.2612; 3530.2614; 3530.2616; 3530.2618; 
                  3530.2620; 3530.2622; 3530.2624; 3530.2626; 3530.2628; 
                  3530.2630; 3530.2632; 3530.2634; 3530.2636; 3530.2638; 
                  3530.2640; 3530.2642; 3530.2644. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                      CHILDREN AND FAMILY SUPPORT PROGRAMS 
           Section 1.  Minnesota Statutes 2000, section 119B.011, 
        subdivision 19, is amended to read: 
           Subd. 19.  [PROVIDER.] "Provider" means a child care 
        license holder who operates a family child care home, a group 
        family child care home, a child care center, a nursery school, a 
        day nursery, a school age care program; a license-exempt school 
        age care program operating under the auspices of a local school 
        board or a park or recreation board of a city of the first class 
        that has adopted school age care guidelines which meet or exceed 
        guidelines recommended by the department, or a nonlicensed an 
        individual or child care center or facility, either licensed or 
        unlicensed, providing legal child care services as defined under 
        section 245A.03.  A legally unlicensed registered family child 
        care provider who is must be at least 18 years of age, and who 
        is not a member of the MFIP assistance unit or a member of the 
        family receiving child care assistance under this chapter.  
           Sec. 2.  Minnesota Statutes 2000, section 119B.011, is 
        amended by adding a subdivision to read: 
           Subd. 21.  [RECOUPMENT OF OVERPAYMENTS.] "Recoupment of 
        overpayments" means the reduction of child care assistance 
        payments to an eligible family in order to correct an 
        overpayment to the family even when the overpayment is due to 
        agency error or other circumstances outside the responsibility 
        or control of the family. 
           Sec. 3.  Minnesota Statutes 2000, section 119B.06, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CHILD CARE DEVELOPMENT FUND PLAN DEVELOPMENT; 
        REVIEW.] In an effort to improve state legislative involvement 
        in the development of the Minnesota child care and development 
        fund plan, the commissioner must present a draft copy of the 
        plan to the legislative finance committees that oversee child 
        care assistance funding no less than 30 days prior to the 
        required deadline for submission of the plan to the federal 
        government.  The legislature must submit any adjustments to the 
        plan to the commissioner for consideration within ten business 
        days of receiving the draft plan.  The commissioner must present 
        a copy of the final plan to the chairs of the legislative 
        finance committees that oversee child care assistance funding no 
        less than four days prior to the deadline for submission of the 
        plan to the federal government.  
           Sec. 4.  Minnesota Statutes 2000, section 119B.061, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
        lifetime total of 12 months of assistance under this 
        section subdivision 2.  The maximum rate of assistance is equal 
        to 75 90 percent of the rate established under section 119B.13 
        for care of infants in licensed family child care in the 
        applicant's county of residence.  Assistance must be calculated 
        to reflect the parent fee requirement under section 119B.12 for 
        the family's actual income level and family size while the 
        family is participating in the at-home infant child care program 
        under this section. 
           (b) A participating family must report income and other 
        family changes as specified in the county's plan under section 
        119B.08, subdivision 3.  The family must treat any assistance 
        received under this section as unearned income. 
           (c) Persons who are admitted to the at-home infant care 
        program retain their position in any basic sliding fee program 
        or on any waiting list attained at the time of admittance.  If 
        they are on the waiting list, they must advance as if they had 
        not been admitted to the program.  Persons leaving the at-home 
        infant care program re-enter the basic sliding fee program at 
        the position they would have occupied or the waiting list at the 
        position to which they would have advanced.  Persons who would 
        have attained eligibility for the basic sliding fee program must 
        be given assistance or advance to the top of the waiting list 
        when they leave the at-home infant care program.  Persons 
        admitted to the at-home infant care program who are not on a 
        basic sliding fee waiting list may apply to the basic sliding 
        fee program, and if eligible, be placed on the waiting list. 
           (d) The time that a family receives assistance under this 
        section must be deducted from the one-year exemption from work 
        requirements under the MFIP program. 
           (e) Assistance under this section does not establish an 
        employer-employee relationship between any member of the 
        assisted family and the county or state. 
           Sec. 5.  Minnesota Statutes 2000, section 119B.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 
        July 1, 1997, (a) In addition to payments from basic sliding fee 
        child care program participants, each county shall contribute 
        from county tax or other sources a fixed local match equal to 
        its calendar year 1996 required county contribution reduced by 
        the administrative funding loss that would have occurred in 
        state fiscal year 1996 under section 119B.15.  The commissioner 
        shall recover funds from the county as necessary to bring county 
        expenditures into compliance with this subdivision. The 
        commissioner may accept county contributions, including 
        contributions above the fixed local match, in order to make 
        state payments. 
           (b) The commissioner may accept payments from counties to: 
           (1) fulfill the county contribution as required under 
        subdivision 1; 
           (2) pay for services authorized under this chapter beyond 
        those paid for with federal or state funds or with the required 
        county contributions; or 
           (3) pay for child care services in addition to those 
        authorized under this chapter, as authorized under other 
        federal, state, or local statutes or regulations. 
           (c) The county payments must be deposited in an account in 
        the special revenue fund.  Money in this account is appropriated 
        to the commissioner for child care assistance under this chapter 
        and other applicable statutes and regulations and is in addition 
        to other state and federal appropriations. 
           Sec. 6.  Minnesota Statutes 2000, section 119B.13, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PROVIDER PAYMENTS.] Counties or the state shall 
        make vendor payments to the child care provider or pay the 
        parent directly for eligible child care expenses.  If payments 
        for child care assistance are made to providers, the provider 
        shall bill the county for services provided within ten days of 
        the end of the month of service.  If bills are submitted in 
        accordance with the provisions of this subdivision, a county or 
        the state shall issue payment to the provider of child care 
        under the child care fund within 30 days of receiving an invoice 
        from the provider.  Counties or the state may establish policies 
        that make payments on a more frequent basis.  A county's payment 
        policies must be included in the county's child care plan under 
        section 119B.08, subdivision 3.  If payments are made by the 
        state, in addition to being in compliance with this subdivision, 
        the payments must be made in compliance with section 16A.124. 
           Sec. 7.  Minnesota Statutes 2000, section 119B.24, is 
        amended to read: 
           119B.24 [DUTIES OF COMMISSIONER.] 
           In addition to the powers and duties already conferred by 
        law, the commissioner of children, families, and learning shall: 
           (1) administer the child care fund, including the basic 
        sliding fee program authorized under sections 119B.011 to 
        119B.16; 
           (2) monitor the child care resource and referral programs 
        established under section 119B.19; and 
           (3) encourage child care providers to participate in a 
        nationally recognized accreditation system for early 
        childhood and school-age care programs.  The commissioner shall 
        reimburse licensed Subject to approval by the commissioner, 
        family child care providers and early childhood and school-age 
        care programs shall be reimbursed for one-half of the direct 
        cost of accreditation fees, upon successful completion of 
        accreditation. 
           Sec. 8.  Minnesota Statutes 2000, section 124D.135, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
        the average balance, during the most recent three-year period in 
        a district's early childhood family education reserve account on 
        June 30 of each year, adjusted for any prior reductions under 
        this subdivision, must not be greater than 25 percent of the 
        district's early childhood family education annual revenue for 
        the prior year.  If a district's adjusted average early 
        childhood family education reserve over the three-year period is 
        in excess of 25 percent of the prior year annual revenue, the 
        district's early childhood family education state aid and levy 
        authority for the current school year must be reduced by the 
        excess reserve amount.  The aid reduction equals the product of 
        the excess reserve amount times the ratio of the district's aid 
        for the prior year under subdivision 4 to the district's revenue 
        for the prior year under subdivision 1.  The levy reduction 
        equals the excess reserve amount minus the aid reduction.  The 
        commissioner must reallocate aid and levy reduced under this 
        subdivision to other eligible early childhood family education 
        programs in proportion to each district's revenue for the prior 
        year under subdivision 1.  
           (b) Notwithstanding paragraph (a), for fiscal year 2003, 
        the excess reserve amount shall be computed using the balance in 
        a district's early childhood family education reserve account on 
        June 30, 2002.  For fiscal year 2004, the excess reserve amount 
        shall be computed using the adjusted average balance in a 
        district's early childhood family education reserve account on 
        June 30, 2002, and June 30, 2003. 
           Sec. 9.  Minnesota Statutes 2000, section 124D.135, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [WAIVER.] If a district anticipates that the 
        reserve account may exceed the 25 percent limit established 
        under subdivision 8 because of extenuating circumstances, prior 
        approval to exceed the limit must be obtained in writing from 
        the commissioner. 
           Sec. 10.  Minnesota Statutes 2000, section 124D.16, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AMOUNT OF AID.] (a) A district is eligible to 
        receive school readiness aid if the program plan as required by 
        subdivision 1 has been approved by the commissioner. 
           (b) For fiscal year 1998 2002 and thereafter, a district 
        must receive school readiness aid equal to: 
           (1) the number of eligible four-year old children in the 
        district on October 1 for the previous school year times the 
        ratio of 50 percent of the total school readiness aid for that 
        year to the total number of eligible four-year old children 
        reported to the commissioner for that the previous school year; 
        plus 
           (2) the number of pupils enrolled in the school district 
        from families eligible for the free or reduced school lunch 
        program for the second previous school year times the ratio of 
        50 percent of the total school readiness aid for that year to 
        the total number of pupils in the state from families eligible 
        for the free or reduced school lunch program for the second 
        previous school year. 
           Sec. 11.  Minnesota Statutes 2000, section 124D.16, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [RESERVE ACCOUNT.] School readiness revenue, 
        which includes aids, fees, grants, and all other revenues 
        received by the district school readiness programs, must be 
        maintained in a reserve account within the community service 
        fund.  
           Sec. 12.  Minnesota Statutes 2000, section 124D.16, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
        the average balance, during the most recent three-year period, 
        in a district's school readiness reserve account on June 30 of 
        each year, adjusted for any prior reductions under this 
        subdivision, must not be greater than 25 percent of the 
        district's school readiness annual revenue for the prior year.  
        If a district's adjusted average school readiness reserve over 
        the three-year period is in excess of 25 percent of the prior 
        year annual revenue, the district's current year school 
        readiness state aid must be reduced by the excess reserve 
        amount.  The commissioner must reallocate aid reduced under this 
        subdivision to other eligible school readiness programs in 
        proportion to each district's aid for the prior year under 
        subdivision 2.  
           (b) Notwithstanding paragraph (a), for fiscal year 2003, 
        the excess reserve amount shall be computed using the balance in 
        a district's school readiness reserve account on June 30, 2002.  
        For fiscal year 2004, the excess reserve amount shall be 
        computed using the adjusted average balance in a district's 
        school readiness reserve account on June 30, 2002, and June 30, 
        2003. 
           Sec. 13.  Minnesota Statutes 2000, section 124D.16, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [WAIVER.] If a district anticipates that the 
        reserve account may exceed the 25 percent limit established 
        under subdivision 6 because of extenuating circumstances, prior 
        approval to exceed the limit must be obtained in writing from 
        the commissioner. 
           Sec. 14.  Minnesota Statutes 2000, section 125A.28, is 
        amended to read: 
           125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
           An interagency coordinating council of at least 17, but not 
        more than 25 members is established, in compliance with Public 
        Law Number 102-119, section 682.  The members must be appointed 
        by the governor.  Council members must elect the council chair.  
        The representative of the commissioner may not serve as the 
        chair.  The council must be composed of at least five parents, 
        including persons of color, of children with disabilities under 
        age 12, including at least three parents of a child with a 
        disability under age seven, five representatives of public or 
        private providers of services for children with disabilities 
        under age five, including a special education director, county 
        social service director, local Head Start director, and a 
        community health services or public health nursing 
        administrator, one member of the senate, one member of the house 
        of representatives, one representative of teacher preparation 
        programs in early childhood-special education or other 
        preparation programs in early childhood intervention, at least 
        one representative of advocacy organizations for children with 
        disabilities under age five, one physician who cares for young 
        children with special health care needs, one representative each 
        from the commissioners of commerce, children, families, and 
        learning, health, human services, a representative from the 
        state agency responsible for child care, and a representative 
        from Indian health services or a tribal council.  Section 
        15.059, subdivisions 2 to 5, apply to the council.  The council 
        must meet at least quarterly.  
           The council must address methods of implementing the state 
        policy of developing and implementing comprehensive, 
        coordinated, multidisciplinary interagency programs of early 
        intervention services for children with disabilities and their 
        families. 
           The duties of the council include recommending policies to 
        ensure a comprehensive and coordinated system of all state and 
        local agency services for children under age five with 
        disabilities and their families.  The policies must address how 
        to incorporate each agency's services into a unified state and 
        local system of multidisciplinary assessment practices, 
        individual intervention plans, comprehensive systems to find 
        children in need of services, methods to improve public 
        awareness, and assistance in determining the role of interagency 
        early intervention committees.  
           By June September 1, the council must recommend to the 
        governor and the commissioners of children, families, and 
        learning, health, human services, commerce, and economic 
        security policies for a comprehensive and coordinated system. 
           Notwithstanding any other law to the contrary, the state 
        interagency coordinating council expires on June 30, 2001 2003.  
           Sec. 15.  [INTERAGENCY AUTISM COORDINATING COMMITTEE.] 
           (a) The commissioner of children, families, and learning 
        shall establish an interagency committee to coordinate state 
        efforts related to serving children with autism.  The committee 
        shall include representatives of the departments of children, 
        families, and learning and human services; parents or guardians 
        of children with autism; pediatricians; local public health 
        officials; and representatives of private or nonprofit 
        organizations that advocate on behalf of children with autism. 
           (b) The interagency autism coordinating committee shall 
        study and recommend by December 1, 2001, to the committees in 
        the legislature charged with early childhood through grade 12 
        education policy and finance matters a plan for improving 
        efforts at early assessment and identification of autism in 
        young children.  The plan must consider: 
           (1) all existing assessment program options; 
           (2) public and private funding sources including 
        programmatic funding for early and periodic screening, 
        diagnosis, and treatment; and 
           (3) current, research-based best practice models. 
        The plan must be designed to make optimal use of existing public 
        resources. 
           (c) The committee expires June 30, 2003. 
           Sec. 16.  [CHILD CARE REPORT.] 
           The commissioner of children, families, and learning must 
        report to house and senate committees with jurisdiction over 
        child care by November and February of each year with 
        information on the number of families served and the cost of 
        direct services per family for each child care assistance 
        program administered by the commissioner.  The report must 
        include the number of families being served and the number that 
        would be served if entry income eligibility was set at 120 
        percent of the federal poverty guidelines and 30 percent of the 
        state median income and continuing at reasonable increments, 
        with an exit level of both 250 percent and 300 percent of the 
        federal poverty guidelines and 63 percent and 75 percent of the 
        state median income. 
           The information must be provided for the same time periods 
        for which the department of finance prepares the budget forecast.
           Sec. 17.  [APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] The sums indicated in this section are appropriated 
        from the general fund to the department of children, families, 
        and learning for the fiscal years designated, unless otherwise 
        indicated.  
           Subd. 2.  [SCHOOL READINESS PROGRAM REVENUE.] For revenue 
        for school readiness programs according to Minnesota Statutes, 
        sections 124D.15 and 124D.16: 
             $10,395,000    .....     2002
             $10,395,000    .....     2003
           The 2002 appropriation includes $1,039,000 for 2001 and 
        $9,356,000 for 2002. 
           The 2003 appropriation includes $1,039,000 for 2002 and 
        $9,356,000 for 2003.  
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 3.  [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 
        childhood family education aid according to Minnesota Statutes, 
        section 124D.135: 
             $20,758,000    .....     2002 
             $20,663,000    .....     2003
           The 2002 appropriation includes $2,036,000 for 2001 and 
        $18,722,000 for 2002.  
           The 2003 appropriation includes $2,081,000 for 2002 and 
        $18,582,000 for 2003.  
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 4.  [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 
        health and developmental screening aid according to Minnesota 
        Statutes, sections 121A.17 and 121A.19: 
             $2,661,000     .....     2002 
             $2,661,000     .....     2003 
           The 2002 appropriation includes $266,000 for 2001 and 
        $2,395,000 for 2002.  
           The 2003 appropriation includes $266,000 for 2002 and 
        $2,395,000 for 2003.  
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 5.  [WAY TO GROW.] For grants for existing way to 
        grow programs according to Minnesota Statutes, section 124D.17:  
             $475,000       .....     2002
             $475,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 6.  [HEAD START PROGRAM.] For Head Start programs 
        according to Minnesota Statutes, section 119A.52: 
             $18,375,000    .....     2002
             $18,375,000    .....     2003
           $1,000,000 each year must be used for grants to local Head 
        Start agencies for full-year programming for children ages 0 to 
        3.  
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 7.  [SCHOOL AGE CARE AID.] For school age care aid 
        according to Minnesota Statutes, section 124D.22: 
             $221,000       .....     2002 
             $133,000       .....     2003
           The 2002 appropriation includes $30,000 for 2001 and 
        $191,000 for 2002. 
           The 2003 appropriation includes $21,000 for 2002 and 
        $112,000 for 2003. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 8.  [BASIC SLIDING FEE.] For child care assistance 
        according to Minnesota Statutes, section 119B.03: 
             $51,999,000    .....     2002 
             $51,999,000    .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 9.  [MFIP CHILD CARE.] For child care assistance 
        according to Minnesota Statutes, section 119B.05: 
             $82,253,000    .....     2002 
             $78,606,000    .....     2003 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 10.  [CHILD CARE INTEGRITY.] For the administrative 
        costs of program integrity and fraud prevention for child care 
        assistance under chapter 119B: 
             $175,000       .....     2002 
             $175,000       .....     2003 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 11.  [CHILD CARE SERVICE GRANTS.] For child care 
        development activities under child care service grants according 
        to Minnesota Statutes, section 119B.21: 
             $1,865,000      .....     2002
             $1,865,000      .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Sec. 18.  [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] Appropriations in this section are from child support 
        collection payments in the special revenue fund pursuant to 
        Minnesota Statutes, section 119B.074.  The sums indicated are 
        appropriated to the department of children, families, and 
        learning for the fiscal years designated. 
           Subd. 2.  [CHILD CARE ASSISTANCE.] For child care 
        assistance according to Minnesota Statutes, section 119B.03: 
             $2,441,439     .....     2002 
             $2,340,251     .....     2003
           Sec. 19.  [FEDERAL TANF TRANSFERS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, and 
        LEARNING.] The sums indicated in this section are transferred 
        from the federal TANF fund to the child care and development 
        fund and appropriated to the department of children, families, 
        and learning for the fiscal years designated. 
           The commissioner shall ensure that all transferred funds 
        are expended in accordance with the child care and development 
        fund regulations and that the maximum allowable transferred 
        funds are used for the program in this section. 
           Subd. 2.  [BASIC SLIDING FEE.] For child care assistance 
        according to Minnesota Statutes, section 119B.03:  
             $16,838,000    .....     2002 
             $16,339,000    .....     2003 
           Any balance the first year does not cancel but is available 
        in the second year. 
           Subd. 3.  [TRANSITION YEAR FAMILIES.] To provide 
        uninterrupted assistance under Minnesota Statutes, section 
        119B.03, for families completing transition year child care 
        assistance: 
             $3,620,000    .....     2002
             $4,040,000    .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 4.  [MFIP CHILD CARE.] For child care assistance 
        according to Minnesota Statutes, section 119B.05: 
             $1,718,000    .....     2002 
             $1,794,000    .....     2003 
           Any balance the first year does not cancel but is available 
        in the second year. 
           Subd. 5.  [MFIP SOCIAL SERVICES CHILD CARE.] For social 
        services child care costs of eligible MFIP participants under 
        Minnesota Statutes, section 119B.05, subdivision 1, clause (5): 
             $3,297,000    .....     2002
             $2,865,000    .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Sec. 20.  [EFFECTIVE DATE.] 
           Sections 8 and 12 are effective for revenue for fiscal year 
        2003. 

                                   ARTICLE 2 
                                   PREVENTION 
           Section 1.  Minnesota Statutes 2000, section 119A.12, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [AUTHORITY TO DISBURSE FUNDS.] The commissioner 
        may disburse trust fund money to any public or private nonprofit 
        agency to fund a child abuse prevention program.  State funds 
        appropriated for child maltreatment prevention grants may be 
        transferred to the children's trust fund special revenue account 
        and are available to carry out this section. 
           Sec. 2.  Minnesota Statutes 2000, section 119A.12, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [PLAN FOR DISBURSEMENT OF FUNDS.] The 
        commissioner shall develop a plan to disburse money from the 
        trust fund.  The plan must ensure that all geographic areas of 
        the state have an equal opportunity to establish prevention 
        programs and receive trust fund money. 
           Sec. 3.  Minnesota Statutes 2000, section 119A.12, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [OPERATIONAL COSTS.] $120,000 each year is 
        appropriated from the children's trust fund to the special 
        revenue fund for administration and indirect costs of the 
        children's trust fund program. 
           Sec. 4.  Minnesota Statutes 2000, section 119A.13, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RESPONSIBILITIES OF COMMISSIONER.] (a) The 
        commissioner shall: 
           (1) provide for the coordination and exchange of 
        information on the establishment and maintenance of prevention 
        programs; 
           (2) develop and publish criteria for receiving trust fund 
        money by prevention programs; 
           (3) review, approve, and monitor the spending of trust fund 
        money by prevention programs; 
           (4) provide statewide educational and public informational 
        seminars to develop public awareness on preventing child abuse; 
        to encourage professional persons and groups to recognize 
        instances of child abuse and work to prevent them; to make 
        information on child abuse prevention available to the public 
        and to organizations and agencies; and to encourage the 
        development of prevention programs, including programs that 
        provide support for adolescent parents, fathering education 
        programs, and other prevention activities designed to prevent 
        teen pregnancy; 
           (5) establish a procedure for an annual, internal 
        evaluation of the functions, responsibilities, and performance 
        of the commissioner in carrying out Laws 1986, chapter 423; 
           (6) provide technical assistance to local councils and 
        agencies working in the area of child abuse prevention; and 
           (7) accept and review grant applications beginning June 1, 
        1987. 
           (b) The commissioner shall recommend to the governor 
        changes in state programs, statutes, policies, budgets, and 
        standards that will reduce the problems of child abuse, improve 
        coordination among state agencies that provide prevention 
        services, and improve the condition of children, parents, or 
        guardians in need of prevention program services. 
           Sec. 5.  Minnesota Statutes 2000, section 119A.21, is 
        amended to read: 
           119A.21 [GRANTS TO SERVICE PROVIDER PROGRAMS.] 
           Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
        award grants to programs which that provide abused children 
        services to abused or neglected children.  Grants shall be 
        awarded in a manner that ensures that they are equitably 
        distributed to programs serving metropolitan and nonmetropolitan 
        populations.  
           Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
        agency may apply to the commissioner for a grant to provide 
        abused children services.  The application shall be submitted in 
        on a form approved prescribed by the commissioner after 
        consultation with the abused children advisory council and shall 
        include:.  
           (1) a proposal for the provision of abused children 
        services to, or on behalf of, abused children, children at risk, 
        and their families; 
           (2) a proposed budget; 
           (3) evidence of ability to represent the interests of 
        abused children and their families to local law enforcement 
        agencies and courts, social services, and health agencies; 
           (4) evidence of ability to do outreach to unserved and 
        underserved populations and to provide culturally and 
        linguistically appropriate services; and 
           (5) any other information the commissioner may require by 
        policy or by rule adopted under chapter 14, after considering 
        the recommendations of the abused children advisory council.  
           Programs which have been approved for grants in prior years 
        may submit materials which indicate changes in items listed in 
        clauses (1) to (5), in order to qualify for renewal funding.  
        Nothing in this subdivision may be construed to require programs 
        to submit complete applications for each year of funding.  
           Subd. 3.  [DUTIES.] Every public or private nonprofit 
        agency which receives a grant under this section to provide 
        abused children services shall comply with all requirements of 
        the commissioner related to the administration of the grants.  
           Subd. 4.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
        Personal history information and other information collected, 
        used, or maintained by a grantee from which the identity of any 
        abused child or family members may be determined is private data 
        on individuals as defined in section 13.02, subdivision 12, and 
        the grantee shall maintain the data in accordance with 
        provisions of chapter 13. 
           Sec. 6.  Minnesota Statutes 2000, section 119A.22, is 
        amended to read: 
           119A.22 [DUTIES OF THE COMMISSIONER.] 
           The commissioner shall:  
           (1) review applications and award grants to programs 
        pursuant to section 119A.21 after considering the recommendation 
        of the abused children advisory council; 
           (2) appoint members of the abused children advisory council 
        created under section 119A.23 and provide consultative staff and 
        other administrative services to the council; 
           (3) after considering the recommendation of the abused 
        children advisory council, appoint a program director to perform 
        the duties set forth in this clause.  In appointing the program 
        director the commissioner shall give due consideration to the 
        list of applicants submitted to the commissioner pursuant to 
        this section.  The program director shall administer the funds 
        appropriated for sections 119A.20 to 119A.23, consult with and 
        provide staff to the advisory council and perform other duties 
        related to abused children's programs as the commissioner may 
        assign; 
           (4) design a uniform method of collecting data on abused 
        children's programs to be used to monitor and assure compliance 
        of the programs funded under section 119A.21; 
           (5) (3) provide technical aid assistance to applicants in 
        the development of grant requests and to programs grantees in 
        meeting the data collection requirements established by the 
        commissioner; and 
           (6) (4) adopt, under chapter 14, all rules necessary to 
        implement the provisions of sections 119A.20 to 119A.23.  
           Sec. 7.  [119A.35] [ADVISORY COUNCIL.] 
           Subdivision 1.  [GENERALLY.] The advisory council is 
        established under section 15.059 to advise the commissioner on 
        the implementation and continued operations of sections 119A.10 
        to 119A.16 and 119A.20 to 119A.22.  The council shall expire 
        June 30, 2005. 
           Subd. 2.  [COUNCIL MEMBERSHIP.] The council shall consist 
        of a total of 22 members.  The governor shall appoint 18 of 
        these members.  The commissioners of human services and health 
        shall each appoint one member.  The senate shall appoint one 
        member from the senate committee with jurisdiction over family 
        and early childhood education and the house of representatives 
        shall appoint one member from the house committee with 
        jurisdiction over family and early childhood education. 
           Council members shall have knowledge in the areas of child 
        abuse and neglect prevention and intervention and knowledge of 
        the risk factors that can lead to child abuse and neglect.  
        Council members shall be representative of:  local government, 
        criminal justice, parents, consumers of services, health and 
        human services professionals, faith community, professional and 
        volunteer providers of child abuse and neglect prevention and 
        intervention services, racial and ethnic minority communities, 
        and the demographic and geographic composition of the state.  
        Ten council members shall reside in the seven-county 
        metropolitan area and eight shall reside in nonmetropolitan 
        areas. 
           Subd. 3.  [RESPONSIBILITIES.] The council shall: 
           (1) advise the commissioner on planning, policy 
        development, data collection, rulemaking, funding, and 
        evaluation of the programs under the sections listed in 
        subdivision 1; 
           (2) coordinate and exchange information on the 
        establishment and ongoing operation of the programs listed in 
        subdivision 1; 
           (3) develop and publish criteria and guidelines for 
        receiving grants relating to child abuse and neglect prevention 
        and safety and support of child victims, including, but not 
        limited to, funds dedicated to the children's trust fund and 
        abused children program; 
           (4) provide guidance in the development of statewide 
        education and public information activities that increase public 
        awareness in the prevention and intervention of child abuse and 
        neglect and encourage the development of prevention and 
        intervention programs, which includes the safety of child 
        victims; 
           (5) guide, analyze, and disseminate results in the 
        development of appropriate evaluation procedures for all 
        programs receiving funds under subdivision 1; and 
           (6) assist the commissioner in identifying service gaps or 
        duplication in services including geographic dispersion of 
        resources, programs reflecting the cycle of child abuse, and the 
        availability of culturally appropriate intervention and 
        prevention services. 
           Sec. 8.  Minnesota Statutes 2000, section 124D.19, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAMS.] Each 
        district operating a community education program under this 
        section may establish a youth after-school enrichment program to 
        maintain and expand participation by school-age youth in 
        supervised activities during nonschool hours.  The youth 
        after-school enrichment programs must include activities that 
        support development of social, mental, physical, and creative 
        abilities of school-age youth; provide structured youth programs 
        during high-risk times; and design programming to promote youth 
        leadership development and improved academic performance.  
           Sec. 9.  Minnesota Statutes 2000, section 124D.19, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [YOUTH AFTER-SCHOOL ENRICHMENT PROGRAM 
        GOALS.] The goals of youth after-school enrichment programs are 
        to: 
           (1) collaborate with and leverage existing community 
        resources that have demonstrated effectiveness; 
           (2) reach out to children and youth, including at-risk 
        youth, in the community; 
           (3) increase the number of children participating in 
        adult-supervised programs during nonschool hours; 
           (4) support academic achievement; and 
           (5) increase skills in technology, the arts, sports, and 
        other activities. 
           Sec. 10.  Minnesota Statutes 2000, section 124D.19, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [COMMUNITY EDUCATION; ANNUAL REPORT.] Each 
        district offering a community education program under this 
        section must annually report to the department information 
        regarding the cost per participant and cost per contact hour for 
        each community education program, including youth after-school 
        enrichment programs, that receives aid or levy.  The department 
        must include cost per participant and cost per contact hour 
        information by program in the community education annual report. 
           Sec. 11.  Minnesota Statutes 2000, section 124D.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TOTAL COMMUNITY EDUCATION REVENUE.] Total 
        community education revenue equals the sum of a district's 
        general community education revenue and, youth service program 
        revenue, and youth after-school enrichment revenue. 
           Sec. 12.  Minnesota Statutes 2000, section 124D.20, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [YOUTH AFTER-SCHOOL ENRICHMENT REVENUE.] In 
        fiscal year 2003 and thereafter, youth after-school enrichment 
        revenue for a district operating a youth after-school enrichment 
        program under section 124D.19, subdivision 12, equals: 
           (1) $1.85 times the greater of 1,335 or the population of 
        the district, as defined in section 275.14, not to exceed 
        10,000; and 
           (2) $0.43 times the population of the district, as defined 
        in section 275.14, in excess of 10,000.  Youth after-school 
        enrichment revenue must be reserved for youth after-school 
        enrichment programs. 
           Sec. 13.  Minnesota Statutes 2000, section 124D.20, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 
        community education revenue, a district operating a youth 
        after-school enrichment program under section 124D.19, 
        subdivision 12, may levy the amount raised by a maximum tax rate 
        of .4795 .7431 percent times the adjusted net tax capacity of 
        the district.  To obtain total community education revenue, a 
        district not operating a youth after-school enrichment program 
        may levy the amount raised by a maximum tax rate of .4795 
        percent times the adjusted net tax capacity of the district.  If 
        the amount of the total community education levy would exceed 
        the total community education revenue, the total community 
        education levy shall be determined according to subdivision 6. 
           Sec. 14.  [RETROACTIVITY.] 
           A contract encumbered or a grant awarded by a state agency 
        before September 1, 2001, may be made retroactive to July 1, 
        2001. 
           Sec. 15.  [APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] The sums indicated in this section are appropriated 
        from the general fund to the department of children, families, 
        and learning for the fiscal years designated. 
           Subd. 2.  [FAMILY SERVICES COLLABORATIVES.] For family 
        services collaboratives according to Minnesota Statutes, section 
        124D.23: 
             $1,477,000     .....     2002
             $  863,000     .....     2003
           No new family services collaboratives shall be funded with 
        this appropriation. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 3.  [COMMUNITY EDUCATION AID.] For community 
        education aid according to Minnesota Statutes, section 124D.20: 
             $14,209,000    .....     2002
             $13,111,000    .....     2003
           The 2002 appropriation includes $1,528,000 for 2001 and 
        $12,681,000 for 2002.  
           The 2003 appropriation includes $1,409,000 for 2002 and 
        $11,702,000 for 2003.  
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 4.  [ADULTS WITH DISABILITIES PROGRAM AID.] For 
        adults with disabilities programs according to Minnesota 
        Statutes, section 124D.56: 
             $639,000       .....     2002 
             $710,000       .....     2003 
           The 2002 appropriation includes $0 for 2001 and $639,000 
        for 2002. 
           The 2003 appropriation includes $71,000 for 2002 and 
        $639,000 for 2003. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 5.  [HEARING-IMPAIRED ADULTS.] For programs for 
        hearing-impaired adults according to Minnesota Statutes, section 
        124D.57: 
             $70,000        .....     2002
             $70,000        .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 6.  [VIOLENCE PREVENTION EDUCATION GRANTS.] For 
        violence prevention education grants according to Minnesota 
        Statutes, section 120B.23: 
             $1,305,000     .....     2002
             $1,450,000     .....     2003
           The 2002 appropriation includes $0 for 2001 and $1,305,000 
        for 2002. 
           The 2003 appropriation includes $145,000 for 2002 and 
        $1,305,000 for 2003. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 7.  [ABUSED CHILDREN.] For abused children programs 
        according to Minnesota Statutes, section 119A.21: 
             $945,000       .....     2002 
             $945,000       .....     2003 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 8.  [CHILDREN'S TRUST FUND.] For children's trust 
        fund according to Minnesota Statutes, sections 119A.12 and 
        119A.13: 
             $875,000       .....     2002
             $875,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 9.  [FAMILY VISITATION CENTERS.] (a) For family 
        visitation centers according to Minnesota Statutes, section 
        119A.37: 
             $200,000       .....     2002
             $200,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           (b) An additional $96,000 in fiscal year 2002 and $96,000 
        in fiscal year 2003 are appropriated from the special revenue 
        fund under Minnesota Statutes, section 517.08, subdivision 1c, 
        for family visitation centers.  Any balance in the first year 
        does not cancel but is available for the second year. 
           Subd. 10.  [AFTER-SCHOOL ENRICHMENT GRANTS.] For 
        after-school enrichment grants according to Minnesota Statutes, 
        section 124D.221:  
             $5,510,000     .....     2002
             $5,510,000     .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 11.  [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 
        grants with funds received under Minnesota Statutes, section 
        171.29, subdivision 2, paragraph (b), clause (4): 
             $200,000       .....     2002
             $200,000       .....     2003
           (b) These appropriations are from the alcohol-impaired 
        driver account of the special revenue fund for chemical abuse 
        prevention grants.  
           (c) $25,000 in each year is for a grant to the city of St. 
        Louis Park for the Meadowbrook Collaborative Housing Project to 
        continue cooperative activities that support at-risk children 
        and youth programming and to provide advice to the after-school 
        substance abuse prevention program and other grantees that seek 
        to replicate the Meadowbrook Collaborative Housing Project 
        program model. 
           (d) $175,000 in each year is to establish an after-school 
        substance abuse prevention grant program to provide eligible 
        community and nonprofit organizations with grants of up to 
        $20,000 per year for after-school substance abuse prevention 
        programs. 
           Sec. 16.  [APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF MILITARY AFFAIRS.] The sums 
        indicated in this section are appropriated from the general fund 
        to the department of military affairs for the fiscal years 
        designated. 
           Subd. 2.  [GUARD OUR YOUTH.] For the guard our youth 
        program sponsored by the department of military affairs to serve 
        at-risk and underserved youth ages nine to 16 years: 
             $191,000       .....     2002  
           This is a one-time appropriation. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Sec. 17.  [REVISOR INSTRUCTION.] 
           In the next and subsequent editions of Minnesota Statutes 
        and Minnesota Rules, the revisor shall renumber Minnesota 
        Statutes, section 119A.13, subdivision 4, as Minnesota Statutes, 
        section 119A.12, subdivision 4, and make necessary 
        cross-reference changes consistent with the renumbering. 
           Sec. 18.  [REPEALER.] 
           Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 
        2, and 3; 119A.14, subdivision 2; 119A.23; 124D.33; and 
        124D.331, are repealed. 
           Sec. 19.  [EFFECTIVE DATE.] 
           Sections 12 and 13 are effective for revenue for fiscal 
        year 2003. 

                                   ARTICLE 3 
                     SELF-SUFFICIENCY AND LIFELONG LEARNING 
           Section 1.  Minnesota Statutes 2000, section 124D.518, 
        subdivision 5, is amended to read: 
           Subd. 5.  [UNREIMBURSED EXPENSES.] "Unreimbursed expenses" 
        means allowable adult basic education expenses of a program, in 
        the current program year, that are not covered by payments from 
        federal or private for-profit sources.  
           Sec. 2.  Minnesota Statutes 2000, section 124D.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROGRAM APPROVAL.] (a) To receive aid under this 
        section, a district, a consortium of districts, the department 
        of corrections, or a private nonprofit organization must submit 
        an application by June 1 describing the program, on a form 
        provided by the department.  The program must be approved by the 
        commissioner according to the following criteria:  
           (1) how the needs of different levels of learning will be 
        met; 
           (2) for continuing programs, an evaluation of results; 
           (3) anticipated number and education level of participants; 
           (4) coordination with other resources and services; 
           (5) participation in a consortium, if any, and money 
        available from other participants; 
           (6) management and program design; 
           (7) volunteer training and use of volunteers; 
           (8) staff development services; 
           (9) program sites and schedules; 
           (10) program expenditures that qualify for aid; 
           (11) program ability to provide data related to learner 
        outcomes as required by law; and 
           (12) a copy of the memorandum of understanding described in 
        subdivision 1 submitted to the commissioner.  
           (b) Adult basic education programs may be approved under 
        this subdivision for up to five years.  Five-year program 
        approval must be granted to an applicant who has demonstrated 
        the capacity to: 
           (1) offer comprehensive learning opportunities and support 
        service choices appropriate for and accessible to adults at all 
        basic skill need levels; 
           (2) provide a participatory and experiential learning 
        approach based on the strengths, interests, and needs of each 
        adult, that enables adults with basic skill needs to: 
           (i) identify, plan for, and evaluate their own progress 
        toward achieving their defined educational and occupational 
        goals; 
           (ii) master the basic academic reading, writing, and 
        computational skills, as well as the problem-solving, decision 
        making, interpersonal effectiveness, and other life and learning 
        skills they need to function effectively in a changing society; 
           (iii) locate and be able to use the health, governmental, 
        and social services and resources they need to improve their own 
        and their families' lives; and 
           (iv) continue their education, if they desire, to at least 
        the level of secondary school completion, with the ability to 
        secure and benefit from continuing education that will enable 
        them to become more employable, productive, and responsible 
        citizens; 
           (3) plan, coordinate, and develop cooperative agreements 
        with community resources to address the needs that the adults 
        have for support services, such as transportation, flexible 
        course scheduling, convenient class locations, and child care; 
           (4) collaborate with business, industry, labor unions, and 
        employment-training agencies, as well as with family and 
        occupational education providers, to arrange for resources and 
        services through which adults can attain economic 
        self-sufficiency; 
           (5) provide sensitive and well trained adult education 
        personnel who participate in local, regional, and statewide 
        adult basic education staff development events to master 
        effective adult learning and teaching techniques; 
           (6) participate in regional adult basic education peer 
        program reviews and evaluations; 
           (7) submit accurate and timely performance and fiscal 
        reports; 
           (8) submit accurate and timely reports related to program 
        outcomes and learner follow-up information; and 
           (9) spend adult basic education aid on adult basic 
        education purposes only, which are specified in sections 
        124D.518 to 124D.531.  
           (c) The commissioner shall require each district to provide 
        notification by February 1, 2001, of its intent to apply for 
        funds under this section as a single district or as part of an 
        identified consortium of districts.  A district receiving funds 
        under this section must notify the commissioner by February 1 of 
        its intent to change its application status for applications due 
        the following June 1. 
           Sec. 3.  Minnesota Statutes 2000, section 124D.522, is 
        amended to read: 
           124D.522 [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 
        GRANTS.] 
           (a) The commissioner, in consultation with the policy 
        review task force under section 124D.521, may make grants to 
        nonprofit organizations to provide services that are not offered 
        by a district adult basic education program or that are 
        supplemental to either the statewide adult basic education 
        program, or a district's adult basic education program.  The 
        commissioner may make grants for:  staff development for adult 
        basic education teachers and administrators; training for 
        volunteer tutors; training, services, and materials for serving 
        disabled students through adult basic education programs; 
        statewide promotion of adult basic education services and 
        programs; development and dissemination of instructional and 
        administrative technology for adult basic education programs; 
        programs which primarily serve communities of color; adult basic 
        education distance learning projects, including television 
        instruction programs; and other supplemental services to support 
        the mission of adult basic education and innovative delivery of 
        adult basic education services.  
           (b) The commissioner must establish eligibility criteria 
        and grant application procedures.  Grants under this section 
        must support services throughout the state, focus on educational 
        results for adult learners, and promote outcome-based 
        achievement through adult basic education programs.  Beginning 
        in fiscal year 2002, the commissioner may make grants under this 
        section from funds specifically appropriated the state total 
        adult basic education aid set aside for supplemental service 
        grants under section 124D.531.  Up to one-third one-fourth of 
        the appropriation for supplemental service grants must be used 
        for grants for adult basic education programs to encourage and 
        support innovations in adult basic education instruction and 
        service delivery.  A grant to a single organization cannot 
        exceed $100,000.  Nothing in this section prevents an approved 
        adult basic education program from using state or federal aid to 
        purchase supplemental services. 
           Sec. 4.  Minnesota Statutes 2000, section 124D.531, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STATE TOTAL ADULT BASIC EDUCATION AID.] 
        (a) The state total adult basic education aid for fiscal year 
        2001 equals $30,157,000.  The state total adult basic education 
        aid for later years equals: 
           (1) the state total adult basic education aid for the 
        preceding fiscal year; times 
           (2) the lesser of: 
           (i) 1.08, or 
           (ii) the greater of 1.00 or the ratio of the state total 
        contact hours in the first prior program year to the state total 
        contact hours in the second prior program year.  Beginning in 
        fiscal year 2002, two percent of the state total adult basic 
        education aid must be set aside for adult basic education 
        supplemental service grants under section 124D.522.  
           (b) The state total adult basic education aid, excluding 
        basic population aid, equals the difference between the amount 
        computed in paragraph (a), and the state total basic population 
        aid under subdivision 2. 
           Sec. 5.  Minnesota Statutes 2000, section 124D.531, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAM REVENUE.] Adult basic education programs 
        established under section 124D.52 and approved by the 
        commissioner are eligible for revenue under this subdivision.  
        For fiscal year 2001 and later, adult basic education revenue 
        for each approved program equals the sum of: 
           (1) the basic population aid under subdivision 2 for 
        districts participating in the program during the current 
        program year; plus 
           (2) 84 percent times the amount computed in subdivision 1, 
        paragraph (b), times the ratio of the contact hours for students 
        participating in the program during the first prior program year 
        to the state total contact hours during the first prior program 
        year; plus 
           (3) eight percent times the amount computed in subdivision 
        1, paragraph (b), times the ratio of the enrollment of students 
        with limited English proficiency during the second prior school 
        year in districts participating in the program during the 
        current program year to the state total enrollment of students 
        with limited English proficiency during the second prior school 
        year in districts participating in adult basic education 
        programs during the current program year; plus 
           (4) eight percent times the amount computed in subdivision 
        1, paragraph (b), times the ratio of the latest federal census 
        count of the number of adults aged 20 or older with no diploma 
        residing in the districts participating in the program during 
        the current program year to the latest federal census count of 
        the state total number of adults aged 20 or older with no 
        diploma residing in the districts participating in adult basic 
        education programs during the current program year. 
           Sec. 6.  Minnesota Statutes 2000, section 124D.531, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PROGRAM AUDITS.] Programs that receive aid under 
        this section must maintain records that support the aid 
        payments.  The commissioner may audit these records upon 
        request.  The commissioner must establish procedures for 
        conducting fiscal audits of adult basic education programs 
        according to the schedule in this subdivision.  In calendar year 
        2002 2003, the commissioner must audit one-half of approved 
        adult basic education programs that received aid for fiscal year 
        2001 2002, and in calendar year 2003 2004, the commissioner must 
        audit the remaining unaudited programs for aid received in 
        fiscal year 2002 2003.  Beginning with fiscal year 2004 2005, 
        the commissioner must, at a minimum, audit each adult basic 
        education program once every five years.  The commissioner must 
        establish procedures to reconcile any discrepancies between aid 
        payments based on information reported to the commissioner and 
        aid estimates based on a program audit. 
           Sec. 7.  [ADULT BASIC EDUCATION POLICY TASK FORCE.] 
           The adult basic education policy task force, under Laws 
        2000, chapter 489, article 1, section 42, must recommend to the 
        legislative finance committees with responsibility for adult 
        basic education an equitable funding formula for nondistrict 
        programs based on an evaluation of costs and revenues.  The task 
        force must report to the legislature by February 1, 2002. 
           Sec. 8.  [DIRECTION TO COMMISSIONER.] 
           The commissioner of children, families, and learning must 
        hire a state adult basic education director who is a different 
        employee than the federal adult basic education director to 
        oversee the state adult basic education program.  The duties of 
        the state adult basic education director include, but are not 
        limited to: 
           (1) oversight of the supplemental service grants; 
           (2) coordination of the adult basic education policy task 
        force; 
           (3) working with adult basic education directors around the 
        state; and 
           (4) providing information to the legislative finance 
        committees that oversee the adult basic education program. 
           Sec. 9.  [APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] The sums indicated in this section are appropriated 
        from the general fund to the department of children, families, 
        and learning for the fiscal years designated. 
           Subd. 2.  [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 
        Minnesota economic opportunity grants, Minnesota Statutes, 
        sections 119A.374 to 119A.376: 
             $8,514,000     .....     2002
             $8,514,000     .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 3.  [TRANSITIONAL HOUSING PROGRAMS.] For transitional 
        housing programs according to Minnesota Statutes, section 
        119A.43: 
             $1,988,000     .....     2002
             $1,988,000     .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 4.  [EMERGENCY SERVICES.] For emergency services 
        according to Minnesota Statutes, section 119A.43: 
             $350,000       .....     2002
             $350,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 5.  [ADULT BASIC EDUCATION AID.] For adult basic 
        education aid according to Minnesota Statutes, section 124D.531: 
             $32,150,000    .....     2002 
             $34,731,000    .....     2003
           The 2002 appropriation includes $3,019,000 for 2001 and 
        $29,131,000 for 2002.  
           The 2003 appropriation includes $3,237,000 for 2002 and 
        $31,494,000 for 2003.  
           Subd. 6.  [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.] 
           For adult basic education audits under Minnesota Statutes, 
        section 124D.531, and for a state adult basic education director:
             $100,000       .....     2002 
             $275,000       .....     2003 
           The fiscal year 2004 appropriation is $275,000.  In fiscal 
        year 2005 and thereafter, the base is $170,000 from the general 
        fund each year. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 7.  [ADULT GRADUATION AID.] For adult graduation aid 
        according to Minnesota Statutes, section 124D.54: 
             $3,195,000     .....     2002 
             $3,356,000     .....     2003 
           The 2002 appropriation includes $305,000 for 2001 and 
        $2,890,000 for 2002.  
           The 2003 appropriation includes $321,000 for 2002 and 
        $3,035,000 for 2003.  
           Subd. 8.  [GED TESTS.] For GED tests according to Minnesota 
        Statutes, section 124D.55: 
             $125,000       .....     2002
             $125,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 9.  [FOODSHELF PROGRAM.] For foodshelf programs 
        according to Minnesota Statutes, section 119A.44: 
             $1,278,000     .....     2002
             $1,278,000     .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 10.  [FAMILY ASSETS FOR INDEPENDENCE.] 
             $500,000       .....     2002
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 11.  [LEAD ABATEMENT.] For lead abatement according 
        to Minnesota Statutes, section 119A.46: 
             $100,000       .....     2002
             $100,000       .....     2003
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Sec. 10.  [TANF APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] The sums indicated in this section are appropriated 
        to the commissioner of children, families, and learning from the 
        federal Temporary Assistance for Needy Families block grant for 
        the fiscal years designated.  These amounts are available for 
        expenditure until June 30, 2003.  Appropriations under this 
        section are one-time appropriations and are not added to the 
        base for fiscal years 2004 and 2005. 
           Subd. 2.  [INTENSIVE ENGLISH AS A SECOND LANGUAGE.] For 
        intensive English as a second language for eligible MFIP 
        participants under Laws 2000, chapter 489, article 1, section 39:
             $1,100,000     .....     2002 
             $1,100,000     .....     2003 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 3.  [TRANSITIONAL HOUSING.] For reimbursement grants 
        to transitional housing programs under Minnesota Statutes, 
        section 119A.43: 
             $1,900,000     .....     2002 
             $1,950,000     .....     2003 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           These appropriations must be used for up to four months of 
        transitional housing for families with incomes below 200 percent 
        of the federal poverty guidelines.  Payment must be made to 
        programs on a reimbursement basis. 
           Sec. 11.  [REVISOR INSTRUCTION.] 
           In the next and subsequent editions of Minnesota Statutes 
        and Minnesota Rules, the revisor must replace all references to 
        the "Minnesota Foodshelf Association" with "Hunger Solutions." 

                                   ARTICLE 4 
                                   LIBRARIES 
           Section 1.  Minnesota Statutes 2000, section 125B.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The purpose of 
        developing a statewide school district telecommunications 
        network is to expand the availability of a broad range of 
        courses and degrees to students throughout the state, to share 
        information resources to improve access, quality, and 
        efficiency, to improve learning, and distance cooperative 
        learning opportunities, and to promote the exchange of ideas 
        among students, parents, teachers, media generalists, 
        librarians, and the public.  In addition, through the 
        development of this statewide telecommunications network 
        emphasizing cost-effective, competitive connections, all 
        Minnesotans will benefit by enhancing access to 
        telecommunications technology throughout the state.  Network 
        connections for school districts and public libraries are 
        coordinated and fully integrated into the existing state 
        telecommunications and interactive television networks to 
        achieve comprehensive and efficient interconnectivity of school 
        districts and libraries to higher education institutions, state 
        agencies, other governmental units, agencies, and institutions 
        throughout Minnesota.  A school district may apply to the 
        commissioner for a grant under subdivision 2, and a regional 
        public library may apply under subdivision 3.  The Minnesota 
        education telecommunications council established in Laws 1995, 
        First Special Session chapter 3, article 12, section 7, shall 
        establish priorities for awarding grants, making grant awards, 
        and being responsible for the coordination of networks. 
           Sec. 2.  Minnesota Statutes 2000, section 134.31, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ADVISORY COMMITTEE.] The commissioner shall 
        appoint an advisory committee of five members to advise the 
        staff of the Minnesota library for the blind and physically 
        handicapped on long-range plans and library services.  Members 
        shall be people who use the library.  Section 15.059 governs 
        this committee except that the committee shall expire on June 
        30, 2001 2003. 
           Sec. 3.  [134.47] [REGIONAL LIBRARY TELECOMMUNICATIONS 
        AID.] 
           Subdivision 1.  [ELIGIBILITY.] (a) A regional public 
        library system may apply for regional library telecommunications 
        aid.  The aid must be used for data and video access costs and 
        other related costs to improve or maintain electronic access and 
        connect the library system with the state information 
        infrastructure administered by the department of administration 
        under section 16B.465.  Priority shall be given to public 
        libraries that have not received access.  To be eligible, a 
        regional public library system must be officially designated by 
        the commissioner of children, families, and learning as a 
        regional public library system as defined in section 134.34, 
        subdivision 3, and each of its participating cities and counties 
        must meet local support levels defined in section 134.34, 
        subdivision 1.  A public library building that receives aid 
        under this section must be open a minimum of 20 hours per week. 
           (b) Aid received under this section may not be used to 
        substitute for any existing local funds allocated to provide 
        electronic access, equipment for library staff or the public, or 
        local funds dedicated to other library operations. 
           (c) An application for regional library telecommunications 
        aid must, at a minimum, contain information to document the 
        following: 
           (1) the connections are adequate and employ an open network 
        architecture that will ensure interconnectivity and 
        interoperability with school districts, post-secondary 
        education, or other governmental agencies; 
           (2) that the connection is established through the most 
        cost-effective means and that the regional library has explored 
        and coordinated connections through school districts, 
        post-secondary education, or other governmental agencies; 
           (3) that the regional library system has filed an e-rate 
        application; and 
           (4) other information, as determined by the commissioner of 
        children, families, and learning, to ensure that connections are 
        coordinated, efficient, and cost-effective, take advantage of 
        discounts, and meet applicable state standards. 
           The library system may include costs associated with 
        cooperative arrangements with post-secondary institutions, 
        school districts, and other governmental agencies. 
           Subd. 2.  [AWARD OF FUNDS.] The commissioner of children, 
        families, and learning shall develop an application and a 
        reporting form and procedures for regional library 
        telecommunications aid.  Aid shall be based on actual costs of 
        connections and funds available for this purpose.  The 
        commissioner shall make payments directly to the regional public 
        library system. 
           Subd. 3.  [EXPIRATION.] This section expires on July 1, 
        2003. 
           Sec. 4.  Laws 2000, chapter 489, article 5, section 23, is 
        amended to read: 
           Sec. 23.  [COMMISSIONER RECOMMENDATION.] 
           By February 1, 2002, the commissioner of children, 
        families, and learning, in cooperation with the commissioner of 
        administration and the Minnesota education telecommunication 
        council, shall recommend to the legislature a permanent method 
        for funding telecommunications access as part of the general 
        education revenue formula under Minnesota Statutes, section 
        126C.10, for school districts and charter schools and a 
        permanent method for funding telecommunications access as part 
        of the basic support grants for public libraries.  The 
        commissioner shall consider the following in making the 
        recommendation: 
           (1) the range of costs for providing a minimum level of 
        telecommunications access for all students and library users; 
           (2) the flexibility that is necessary to accommodate 
        emerging technological advances in the telecommunications field; 
        and 
           (3) other related efforts within the state, including the 
        state's higher education and public library systems. 
           Sec. 5.  [APPROPRIATIONS.] 
           Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
        LEARNING.] The sums indicated in this section are appropriated 
        from the general fund to the department of children, families, 
        and learning for the fiscal years designated.  
           Subd. 2.  [BASIC SUPPORT GRANTS.] For basic support grants 
        according to Minnesota Statutes, sections 134.32 to 134.35: 
             $8,570,000     .....     2002 
             $8,570,000     .....     2003 
           The 2002 appropriation includes $857,000 for 2001 and 
        $7,713,000 for 2002. 
           The 2003 appropriation includes $857,000 for 2002 and 
        $7,713,000 for 2003. 
           Base level funding for fiscal year 2004 is $9,723,000 and 
        $9,722,000 for fiscal year 2005. 
           Subd. 3.  [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 
        grants according to Minnesota Statutes, sections 134.353 and 
        134.354, to multicounty, multitype library systems: 
             $903,000       .....     2002 
             $903,000       .....     2003 
           The 2002 appropriation includes $90,000 for 2001 and 
        $813,000 for 2002. 
           The 2003 appropriation includes $90,000 for 2002 and 
        $813,000 for 2003. 
           Any balance in the first year does not cancel but is 
        available in the second year. 
           Subd. 4.  [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For 
        aid to regional public library systems under Minnesota Statutes, 
        section 134.47: 
             $1,200,000     .....     2002 
             $1,200,000     .....     2003 
           This is a one-time appropriation.  Any balance in the first 
        year does not cancel but is available in the second year. 
           Sec. 6.  [REPEALER.] 
           (a) Minnesota Statutes 2000, section 125B.20, subdivision 
        3, is repealed. 
           (b) Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 
        3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 
        3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 
        3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 
        repealed. 
           Presented to the governor June 28, 2001 
           Signed by the governor June 30, 2001, 8:43 p.m.