MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Economic Dev, Tourism and Parks; Appropriations

By: Senator(s) Simmons, Blackmon, Turner, Johnson (38th)

AN ACT TO CREATE THE MISSISSIPPI QUALIFIED CHILD DAY CARE GRANT PROGRAM TO PROVIDE SERVICE GRANTS TO MISSISSIPPI QUALIFIED CHILD CARE PROVIDERS; TO PROVIDE THAT SUCH PROGRAM SHALL BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT; TO PRESCRIBE THE PROCEDURE TO APPLY FOR SERVICE GRANTS; TO PROVIDE THE PURPOSES FOR WHICH SUCH GRANTS MAY BE USED; TO ESTABLISH AN ADVISORY PANEL TO REVIEW AND MAKE RECOMMENDATIONS ON THE AWARDING OF SERVICE GRANTS; TO CREATE A SPECIAL FUND TO BE KNOWN AS THE MISSISSIPPI QUALIFIED CHILD DAY CARE GRANT PROGRAM FUND INTO WHICH ALL MONEY RECEIVED FROM LEGISLATIVE APPROPRIATION PURSUANT TO THIS ACT SHALL BE DEPOSITED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the Mississippi Qualified Child Day Care Grant Program.

SECTION 2. The purpose of this act is to make grants available to child day care providers for the purpose of financing the development and expansion of child day care centers for families with an income not exceeding two hundred percent (200%) of the federal poverty level, and to increase the quality and availability of child day care and employment opportunities for these families.

SECTION 3. As used in this act:

(a) "DECD" means the Department of Economic and Community Development.

(b) "Designated entity" means an entity designated to administer the Mississippi Qualified Child Day Care Grant Program Fund pursuant to Section 5 of this act.

(c) "Child day care provider" means a person providing or planning to provide child day care to families with an income not exceeding two hundred percent (200%) of the federal poverty level.

(d) "Fund" means the Mississippi Qualified Child Day Care Grant Program Fund.

SECTION 4. There is created in the State Treasury a special fund to be known as the "Mississippi Qualified Child Day Care Grant Program Fund," into which shall be deposited such money as the Legislature may provide by appropriation and any other money received by DECD for the purposes of this act from any other source. Money in the fund shall be used by qualifying child day care providers for the purposes authorized under this act. The fund shall be administered by DECD or a designated entity and money in the fund shall be expended upon appropriation by the Legislature. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and any interest earned on amount in the fund shall be deposited to the credit of the fund.

SECTION 5. DECD shall:

(a) Administer the fund or designate an appropriate entity to administer the fund.

(b) Develop a simple, user-friendly grant application process and such process shall be managed in accordance with the policies DECD establishes.

(c) Monitor projects to ensure compliance with applicable state and federal laws, rules and relevant court decisions.

SECTION 6. (1) Any Mississippi qualified child care provider desiring to participate in the program shall make application for a grant to the DECD in a form satisfactory to the DECD. The DECD shall receive grant proposals from Mississippi qualified child care providers. All proposals shall be submitted in accordance with the provisions of grant procedures, criteria and standards developed and made public by the DECD. All application forms shall be simple and user-friendly.

SECTION 7. Grants awarded under this act may be made only for the following reasons:

(a) The construction, purchase, lease or improvement of buildings or other facilities.

(b) The purchase or improvement of land.

(c) The purchase or lease of equipment, including vehicles.

(d) Start-up and operation costs.

(e) Initial operating expenses.

(f) Providing direct services to qualified families under this act or expanding existing direct services to such families.

SECTION 8. Grants under this act shall be subject to the following restrictions:

(a) A grant shall not be awarded in an amount greater than One hundred Thousand Dollars ($100,000.00).

(b) Each Mississippi qualified child care provider receiving a service grant shall provide a yearly report to the DECD which details the number of children who are cared for and the types of services that are provided.

SECTION 9. In determining whether to award a grant to a child day care provider who has a history of operating or owning a child day care center DECD or the designated entity shall use the following criteria:

(a) Quality of programming and staff.

(b) Ratio of children to staff.

(c) Quality of facilities.

(d) Quality of administrative and financial management.

(e) History of compliance with child day care licensing or registration requirements.

SECTION 10. DECD shall formulate criteria to be utilized in determining whether to grant funds to a child day care provider that does not have a history of operating or owning a child day care center.

SECTION 11. An applicant for a grant under this act shall supply DECD or the designated entity with the following:

(a) A detailed description of the project.

(b) A disclosure of additional funds, if any, that are available to the applicant.

(c) Information that relates to the inability of the applicant to obtain adequate financing on reasonable terms through normal lending channels.

(d) Credit references, if available, for the applicant.

(e) A five-year projected budget.

(f) A comprehensive business plan that includes the applicant's plans in the areas of:

(i) Debt reduction;

(ii) Marketing;

(iii) Staff training;

(iv) Facility improvement; and

(v) Program improvement.

(g) Such other information as DECD may require.

SECTION 12. (1) The DECD shall establish an advisory council to review and make recommendations to the DECD on the awarding of any grants to Mississippi qualified child care providers. Such recommendations by the advisory council shall not be binding upon the DECD, but when a recommendation by the advisory council is not followed by the DECD, the DECD shall place in its minutes reasons for not accepting the advisory council's recommendation, and provide for an appeals process. All approved grants shall be awarded within thirty (30) days of approval by the DECD.

(2) The composition of the advisory council shall be the following:

(a) One (1) employee of the DECD, with experience in reviewing and writing grant proposals;

(b) Two (2) executive employees of Mississippi qualified child care providers;

(c) One (1) employee of the State Department of Health with experience in child care facility licensure;

(d) One (1) child care provider who is not affiliated with a Mississippi qualified child care center but has training and experience in child care.

(3) The DECD may use a portion of any grant monies received under this act to administer the program and to pay reasonable expenses incurred by the advisory council; provided, however, in no case shall more than one and one-half percent (1-1/2%) or Sixty Thousand Dollars ($60,000.00) annually, whichever is less, be used to absorb program expenses.

(4) No assistance shall be provided to a Mississippi qualified child care provider under this act unless the Mississippi qualified child care provider certifies to the DECD, that it will not discriminate against any employee or against any applicant for employment because of race, religion, color, national origin, sex or age.

SECTION 13. This act shall take effect and be in force from and after July 1, 2000.