SF 2564
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to human services; modifying TANF maintenance of effort programs;
1.3amending Laws 2007, chapter 147, article 19, section 3, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Laws 2007, chapter 147, article 19, section 3, subdivision 1, is amended to
1.6read:
1.7
Subdivision 1. Total Appropriation
$
5,294,627,000
$
5,695,458,000
1.8
Appropriations by Fund
1.9
2008
2009
1.10
1.11
General
4,614,727,000
4,940,293,000
new text begin 4,931,459,000new text end
1.12
1.13
State Government
Special Revenue
549,000
565,000
1.14
Health Care Access
426,628,000
492,759,000
1.15
1.16
Federal TANF
250,537,000
260,051,000
new text begin 268,885,000new text end
1.17
Lottery Prize Fund
2,185,000
1,790,000
1.18The amounts that may be spent for each
1.19purpose are specified in the following
1.20subdivisions.
1.21Receipts for Systems Projects.
1.22Appropriations and federal receipts for
1.23information system projects for MAXIS,
1.24PRISM, MMIS, and SSIS must be deposited
1.25in the state system account authorized in
2.1Minnesota Statutes, section
256.014. Money
2.2appropriated for computer projects approved
2.3by the Minnesota Office of Enterprise
2.4Technology, funded by the legislature, and
2.5approved by the commissioner of finance,
2.6may be transferred from one project to
2.7another and from development to operations
2.8as the commissioner of human services
2.9considers necessary. Any unexpended
2.10balance in the appropriation for these
2.11projects does not cancel but is available for
2.12ongoing development and operations.
2.13Pay for Performance. (a) Of the general
2.14fund appropriation, $272,000 each year
2.15is available to the commissioner of
2.16human services only under the following
2.17circumstances:
2.18(1) $272,000 shall be made available by the
2.19commissioner of finance on January 1, 2009,
2.20only after notification by the commissioner
2.21of human services to the commissioner of
2.22finance and to the chairs of the relevant house
2.23of representatives and senate finance and
2.24policy committees that the average number
2.25of days from the receipt of a MinnesotaCare
2.26application at the state processing unit until
2.27the initial eligibility determination of the
2.28application was 30 days or less during the
2.29period October 1, 2007, to September 30,
2.302008. Applications transferred from counties
2.31to the state processing unit are excluded from
2.32this calculation; and
2.33(2) $272,000 shall be made available by the
2.34commissioner of finance on January 1, 2009,
2.35only after notification by the commissioner
3.1of human services to the commissioner of
3.2finance and to the chairs of the relevant
3.3house of representatives and senate finance
3.4and policy committees that the commissioner
3.5initiated a separate treatment program for
3.6persons in the Minnesota sex offenders
3.7program who are between the ages of 18 and
3.825 by January 1, 2008.
3.9(b) Regardless of whether these
3.10appropriations are made available to
3.11the commissioner of human services, they
3.12shall be part of base level funding for the
3.13biennium beginning July 1, 2009.
3.14Purchasing Alliance Fund Transfer.
3.15On September 1, 2007, any remaining
3.16balance in the purchasing alliance stop-loss
3.17fund account established under Minnesota
3.18Statutes, section
256.956, shall transfer to
3.19the general fund.
3.20Nonfederal Share Transfers. The
3.21nonfederal share of activities for which
3.22federal administrative reimbursement is
3.23appropriated to the commissioner may be
3.24transferred to the special revenue fund.
3.25TANF Maintenance of Effort. (a) In order
3.26to meet the basic MOE requirements of the
3.27TANF block grant specified under Code
3.28of Federal Regulations, title 45, section
3.29263.1, the commissioner may only report
3.30nonfederal money expended for allowable
3.31activities listed in the following clauses as
3.32TANF/MOE expenditures:
3.33(1) MFIP cash, diversionary work program,
3.34and food assistance benefits under Minnesota
3.35Statutes, chapter 256J;
4.1(2) the child care assistance programs
4.2under Minnesota Statutes, sections
119B.03
4.3and
119B.05, and county child care
4.4administrative costs under Minnesota
4.5Statutes, section
119B.15;
4.6(3) state and county MFIP administrative
4.7costs under Minnesota Statutes, chapters
4.8256J and 256K;
4.9(4) state, county, and tribal MFIP
4.10employment services under Minnesota
4.11Statutes, chapters 256J and 256K;
4.12(5) expenditures made on behalf of
4.13noncitizen MFIP recipients who qualify
4.14for the medical assistance without federal
4.15financial participation program under
4.16Minnesota Statutes, section
256B.06,
4.17subdivision 4
, paragraphs (d), (e), and (j);
4.18and
4.19(6) qualifying working family credit
4.20expenditures under Minnesota Statutes,
4.21section
290.0671.
4.22(b) The commissioner shall ensure that
4.23sufficient qualified nonfederal expenditures
4.24are made each year to meet the state's
4.25TANF/MOE requirements. For the activities
4.26listed in paragraph (a), clauses (2) to
4.27(6), the commissioner may only report
4.28expenditures that are excluded from the
4.29definition of assistance under Code of
4.30Federal Regulations, title 45, section
260.31.
4.31(c) The commissioner shall ensure that the
4.32MOE used by the commissioner of finance
4.33for the February and November forecasts
4.34required under Minnesota Statutes, section
4.3516A.103
, contains expenditures under
5.1paragraph (a), clause (1), equal to at least 16
5.2percent of the total required under Code of
5.3Federal Regulations, title 45, section 263.1.
5.4(d) new text begin For the federal fiscal year beginning new text end
5.5new text begin October 1, 2007, the commissioner may not new text end
5.6new text begin claim an amount of TANF/MOE in excess of new text end
5.7new text begin the 75 percent standard in Code of Federal new text end
5.8new text begin Regulations, title 45, section 263.1(a)(2), new text end
5.9new text begin except:new text end
5.10new text begin (1) to the extent necessary to meet the 80 new text end
5.11new text begin percent standard under Code of Federal new text end
5.12new text begin Regulations, title 45, section 263.1(a)(1), new text end
5.13new text begin if it is determined by the commissioner new text end
5.14new text begin that the state will not meet the TANF work new text end
5.15new text begin participation target rate for the current year;new text end
5.16new text begin (2) to provide any additional amounts under new text end
5.17new text begin Code of Federal Regulations, title 45, section new text end
5.18new text begin 264.5, that relate to replacement of TANF new text end
5.19new text begin funds due to the operation of TANF penalties; new text end
5.20new text begin (3) to provide any additional amounts that new text end
5.21new text begin may contribute to avoiding or reducing new text end
5.22new text begin TANF work participation penalties through new text end
5.23new text begin the operation of the excess MOE provisions new text end
5.24new text begin of Code of Federal Regulations, title 45, new text end
5.25new text begin section 261.43(a)(2); and new text end
5.26new text begin (4) for the purposes of clauses (1) to (3), new text end
5.27new text begin the commissioner may supplement the new text end
5.28new text begin MOE claim with working family credit new text end
5.29new text begin expenditures to the extent such expenditures new text end
5.30new text begin or other qualified expenditures are otherwise new text end
5.31new text begin available after considering the expenditures new text end
5.32new text begin allowed in this section.new text end
5.33new text begin (e) If allowable by the federal Office of new text end
5.34new text begin Family Assistance, the commissioner may new text end
5.35new text begin claim excess MOE with respect to federal new text end
6.1new text begin fiscal years 2006 and 2007 to the extent new text end
6.2new text begin that working family credit expenditures are new text end
6.3new text begin otherwise available to supplement the state's new text end
6.4new text begin MOE claim for those years after considering new text end
6.5new text begin the expenditures allowed in this subdivision. new text end
6.6new text begin If other qualified expenditures are new text end
6.7new text begin available, the commissioner may use those new text end
6.8new text begin expenditures as excess MOE and shall new text end
6.9new text begin report those expenditures to the chairs of new text end
6.10new text begin the senate and house of representatives new text end
6.11new text begin Finance Committees, the senate Health and new text end
6.12new text begin Human Services Budget Division, and house new text end
6.13new text begin of representatives Health Care and Human new text end
6.14new text begin Services Finance Division by April 15, 2008.new text end
6.15new text begin (f) new text end Minnesota Statutes, section
256.011,
6.16subdivision 3
, which requires that federal
6.17grants or aids secured or obtained under that
6.18subdivision be used to reduce any direct
6.19appropriations provided by law, does not
6.20apply if the grants or aids are federal TANF
6.21funds.
6.22(e)new text begin (g)new text end Notwithstanding any contrary
6.23provision in this article, this rider expires
6.24June 30, 2011.
6.25Working Family Credit Expenditures as
6.26TANF/MOE. The commissioner may claim
6.27as TANF/MOE up to $6,707,000 per year
6.28for fiscal year 2008 through fiscal year 2011.
6.29Notwithstanding any contrary provision in
6.30this article, this rider expires June 30, 2011.
6.31Additional Working Family Credit
6.32Expenditures to be Claimed for
6.33TANF/MOE. In addition to the amounts
6.34provided in this section, the commissioner
7.1may count the following amounts of working
7.2family credit expenditure as TANF/MOE:
7.3(1) fiscal year 2008, $11,097,000;
7.4(2) fiscal year 2009, $25,401,000;
7.5(3) fiscal year 2010, $20,398,000; and
7.6(4) fiscal year 2011, $19,841,000.
7.7Notwithstanding any contrary provision in
7.8this article, this rider expires June 30, 2011.
7.9Capitation Rate Increase. Of the health care
7.10access fund appropriations to the University
7.11of Minnesota in the higher education
7.12omnibus appropriation bill, $2,157,000 in
7.13fiscal year 2008 and $2,157,000 in fiscal year
7.142009 are to be used to increase the capitation
7.15payments under Minnesota Statutes, section
7.16256B.69
.
7.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end