Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes