as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/10/2000 |
1.1 A bill for an act 1.2 relating to human services; specifying TANF 1.3 maintenance of effort expenditures; specifying 1.4 procedures for legislative advisory commission review 1.5 of TANF maintenance of effort spending; amending 1.6 Minnesota Statutes 1998, sections 256.011, subdivision 1.7 3; 256.995, subdivision 1; and 256J.08, by adding a 1.8 subdivision; Minnesota Statutes 1999 Supplement, 1.9 sections 119B.02, subdivision 1; and 256.01, 1.10 subdivision 2; Laws 1999, chapter 245, article 1, 1.11 section 2, subdivision 10; proposing coding for new 1.12 law in Minnesota Statutes, chapters 3; and 256J. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. [3.3006] [STATE TANF MOE EXPENDITURES; 1.15 EXPENDITURE REVIEW.] 1.16 Subdivision 1. [DEFINITIONS.] The definitions in this 1.17 subdivision apply to this section. 1.18 (a) "TANF MOE" means the maintenance of effort for the TANF 1.19 block grant specified under United States Code, title 42, 1.20 section 609(a)(7). 1.21 (b) Unless otherwise specified, "commissioner" means the 1.22 commissioner of human services. 1.23 Subd. 2. [STATE TANF MOE EXPENDITURES.] The state's TANF 1.24 MOE expenditure requirements under section 256J.025, must be met 1.25 unless the provisions of subdivisions 3 and 4 apply. 1.26 Subd. 3. [INTERIM PROCEDURES.] If the commissioner 1.27 determines that state money appropriated for the programs under 1.28 section 256J.025 are insufficient to meet TANF MOE expenditure 1.29 requirements, and if the legislature is not or will not be in 2.1 session to take timely action to avoid a federal penalty, the 2.2 commissioner may report state expenditures from other allowable 2.3 sources as TANF MOE expenditures after the requirements of 2.4 subdivision 4 are met. 2.5 Subd. 4. [LEGISLATIVE ADVISORY COMMISSION REVIEW.] The 2.6 commissioner may report state expenditures in addition to those 2.7 specified under section 256J.025 as state TANF MOE expenditures, 2.8 but only after the commissioner of finance has first submitted 2.9 the commissioner's recommendations for additional allowable 2.10 sources of state TANF MOE expenditures to the members of the 2.11 legislative advisory commission for their review and 2.12 recommendation for further review. If the legislative advisory 2.13 commission does not act to request further review within ten 2.14 days, no further review by the legislative advisory commission 2.15 is required, and the commissioner of finance shall approve or 2.16 disapprove the additional sources of state TANF MOE 2.17 expenditures. If any member of the commission requests further 2.18 review of the proposed TANF MOE expenditures, the governor shall 2.19 submit the commissioner's recommendations to the legislative 2.20 advisory commission for its review and recommendation. Failure 2.21 or refusal of the commission to make a recommendation promptly 2.22 is a negative recommendation. 2.23 Subd. 5. [FORECAST INCLUSION OF INTERIM CHANGES NOT 2.24 ALLOWED.] The commissioner of finance shall not incorporate any 2.25 changes in federal TANF expenditures or state expenditures for 2.26 TANF MOE that may result from reporting additional allowable 2.27 sources of state TANF MOE expenditures under the interim 2.28 procedures in this section into the February or November 2.29 forecasts required under section 16A.103, unless the 2.30 commissioner of finance has approved the additional sources of 2.31 expenditures under subdivision 4. 2.32 Sec. 2. Minnesota Statutes 1999 Supplement, section 2.33 119B.02, subdivision 1, is amended to read: 2.34 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 2.35 shall develop standards for county and human services boards to 2.36 provide child care services to enable eligible families to 3.1 participate in employment, training, or education programs. 3.2 Within the limits of available appropriations, the commissioner 3.3 shall distribute money to counties to reduce the costs of child 3.4 care for eligible families. The commissioner shall adopt rules 3.5 to govern the program in accordance with this section. The 3.6 rules must establish a sliding schedule of fees for parents 3.7 receiving child care services. The rules shall provide that 3.8 funds received as a lump sum payment of child support arrearages 3.9 shall not be counted as income to a family in the month received 3.10 but shall be prorated over the 12 months following receipt and 3.11 added to the family income during those months. In the rules 3.12 adopted under this section, county and human services boards 3.13 shall be authorized to establish policies for payment of child 3.14 care spaces for absent children, when the payment is required by 3.15 the child's regular provider. The rules shall not set a maximum 3.16 number of days for which absence payments can be made, but 3.17 instead shall direct the county agency to set limits and pay for 3.18 absences according to the prevailing market practice in the 3.19 county. County policies for payment of absences shall be 3.20 subject to the approval of the commissioner. The commissioner 3.21 shall maximize the use of federal money undertitle I and title3.22IV ofPublic Law Number 104-193,the Personal Responsibility and3.23Work Opportunity Reconciliation Act of 1996, and other programs3.24that provide federal or state reimbursement for child care3.25services for low-income families who are in education, training,3.26job search, or other activities allowed under those3.27programsTitle VI. Money appropriated under this section must 3.28 be coordinated with the programs that provide federal 3.29 reimbursement for child care services to accomplish this 3.30 purpose. Federal reimbursement obtained must be allocated to 3.31 the county that spent money for child care that is federally 3.32 reimbursable under programs that provide federal reimbursement 3.33 for child care services. The counties shall use the federal 3.34 money to expand child care services. The commissioner may adopt 3.35 rules under chapter 14 to implement and coordinate federal 3.36 program requirements. 4.1 Sec. 3. Minnesota Statutes 1999 Supplement, section 4.2 256.01, subdivision 2, is amended to read: 4.3 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 4.4 section 241.021, subdivision 2, the commissioner of human 4.5 services shall: 4.6 (1) Administer and supervise all forms of public assistance 4.7 provided for by state law and other welfare activities or 4.8 services as are vested in the commissioner. Administration and 4.9 supervision of human services activities or services includes, 4.10 but is not limited to, assuring timely and accurate distribution 4.11 of benefits, completeness of service, and quality program 4.12 management. In addition to administering and supervising human 4.13 services activities vested by law in the department, the 4.14 commissioner shall have the authority to: 4.15 (a) require county agency participation in training and 4.16 technical assistance programs to promote compliance with 4.17 statutes, rules, federal laws, regulations, and policies 4.18 governing human services; 4.19 (b) monitor, on an ongoing basis, the performance of county 4.20 agencies in the operation and administration of human services, 4.21 enforce compliance with statutes, rules, federal laws, 4.22 regulations, and policies governing welfare services and promote 4.23 excellence of administration and program operation; 4.24 (c) develop a quality control program or other monitoring 4.25 program to review county performance and accuracy of benefit 4.26 determinations; 4.27 (d) require county agencies to make an adjustment to the 4.28 public assistance benefits issued to any individual consistent 4.29 with federal law and regulation and state law and rule and to 4.30 issue or recover benefits as appropriate; 4.31 (e) delay or deny payment of all or part of the state and 4.32 federal share of benefits and administrative reimbursement 4.33 according to the procedures set forth in section 256.017; 4.34 (f) make contracts with and grants to public and private 4.35 agencies and organizations, both profit and nonprofit, and 4.36 individuals, using appropriated funds; and 5.1 (g) enter into contractual agreements with federally 5.2 recognized Indian tribes with a reservation in Minnesota to the 5.3 extent necessary for the tribe to operate a federally approved 5.4 family assistance program or any other program under the 5.5 supervision of the commissioner. The commissioner shall consult 5.6 with the affected county or counties in the contractual 5.7 agreement negotiations, if the county or counties wish to be 5.8 included, in order to avoid the duplication of county and tribal 5.9 assistance program services. The commissioner may establish 5.10 necessary accounts for the purposes of receiving and disbursing 5.11 funds as necessary for the operation of the programs. 5.12 (2) Inform county agencies, on a timely basis, of changes 5.13 in statute, rule, federal law, regulation, and policy necessary 5.14 to county agency administration of the programs. 5.15 (3) Administer and supervise all child welfare activities; 5.16 promote the enforcement of laws protecting handicapped, 5.17 dependent, neglected and delinquent children, and children born 5.18 to mothers who were not married to the children's fathers at the 5.19 times of the conception nor at the births of the children; 5.20 license and supervise child-caring and child-placing agencies 5.21 and institutions; supervise the care of children in boarding and 5.22 foster homes or in private institutions; and generally perform 5.23 all functions relating to the field of child welfare now vested 5.24 in the state board of control. 5.25 (4) Administer and supervise all noninstitutional service 5.26 to handicapped persons, including those who are visually 5.27 impaired, hearing impaired, or physically impaired or otherwise 5.28 handicapped. The commissioner may provide and contract for the 5.29 care and treatment of qualified indigent children in facilities 5.30 other than those located and available at state hospitals when 5.31 it is not feasible to provide the service in state hospitals. 5.32 (5) Assist and actively cooperate with other departments, 5.33 agencies and institutions, local, state, and federal, by 5.34 performing services in conformity with the purposes of Laws 5.35 1939, chapter 431. 5.36 (6) Act as the agent of and cooperate with the federal 6.1 government in matters of mutual concern relative to and in 6.2 conformity with the provisions of Laws 1939, chapter 431, 6.3 including the administration of any federal funds granted to the 6.4 state to aid in the performance of any functions of the 6.5 commissioner as specified in Laws 1939, chapter 431, and 6.6 including the promulgation of rules making uniformly available 6.7 medical care benefits to all recipients of public assistance, at 6.8 such times as the federal government increases its participation 6.9 in assistance expenditures for medical care to recipients of 6.10 public assistance, the cost thereof to be borne in the same 6.11 proportion as are grants of aid to said recipients. 6.12 (7) Establish and maintain any administrative units 6.13 reasonably necessary for the performance of administrative 6.14 functions common to all divisions of the department. 6.15 (8) Act as designated guardian of both the estate and the 6.16 person of all the wards of the state of Minnesota, whether by 6.17 operation of law or by an order of court, without any further 6.18 act or proceeding whatever, except as to persons committed as 6.19 mentally retarded. For children under the guardianship of the 6.20 commissioner whose interests would be best served by adoptive 6.21 placement, the commissioner may contract with a licensed 6.22 child-placing agency to provide adoption services. A contract 6.23 with a licensed child-placing agency must be designed to 6.24 supplement existing county efforts and may not replace existing 6.25 county programs, unless the replacement is agreed to by the 6.26 county board and the appropriate exclusive bargaining 6.27 representative or the commissioner has evidence that child 6.28 placements of the county continue to be substantially below that 6.29 of other counties. Funds encumbered and obligated under an 6.30 agreement for a specific child shall remain available until the 6.31 terms of the agreement are fulfilled or the agreement is 6.32 terminated. 6.33 (9) Act as coordinating referral and informational center 6.34 on requests for service for newly arrived immigrants coming to 6.35 Minnesota. 6.36 (10) The specific enumeration of powers and duties as 7.1 hereinabove set forth shall in no way be construed to be a 7.2 limitation upon the general transfer of powers herein contained. 7.3 (11) Establish county, regional, or statewide schedules of 7.4 maximum fees and charges which may be paid by county agencies 7.5 for medical, dental, surgical, hospital, nursing and nursing 7.6 home care and medicine and medical supplies under all programs 7.7 of medical care provided by the state and for congregate living 7.8 care under the income maintenance programs. 7.9 (12) Have the authority to conduct and administer 7.10 experimental projects to test methods and procedures of 7.11 administering assistance and services to recipients or potential 7.12 recipients of public welfare. To carry out such experimental 7.13 projects, it is further provided that the commissioner of human 7.14 services is authorized to waive the enforcement of existing 7.15 specific statutory program requirements, rules, and standards in 7.16 one or more counties. The order establishing the waiver shall 7.17 provide alternative methods and procedures of administration, 7.18 shall not be in conflict with the basic purposes, coverage, or 7.19 benefits provided by law, and in no event shall the duration of 7.20 a project exceed four years. It is further provided that no 7.21 order establishing an experimental project as authorized by the 7.22 provisions of this section shall become effective until the 7.23 following conditions have been met: 7.24 (a) The secretary of health and human services of the 7.25 United States has agreed, for the same project, to waive state 7.26 plan requirements relative to statewide uniformity. 7.27 (b) A comprehensive plan, including estimated project 7.28 costs, shall be approved by the legislative advisory commission 7.29 and filed with the commissioner of administration. 7.30 (13) According to federal requirements, establish 7.31 procedures to be followed by local welfare boards in creating 7.32 citizen advisory committees, including procedures for selection 7.33 of committee members. 7.34 (14) Allocate federal fiscal disallowances or sanctions 7.35 which are based on quality control error rates for the aid to 7.36 families with dependent children program formerly codified in 8.1 sections 256.72 to 256.87, medical assistance, or food stamp 8.2 program in the following manner: 8.3 (a) One-half of the total amount of the disallowance shall 8.4 be borne by the county boards responsible for administering the 8.5 programs. For the medical assistance and the AFDC program 8.6 formerly codified in sections 256.72 to 256.87, disallowances 8.7 shall be shared by each county board in the same proportion as 8.8 that county's expenditures for the sanctioned program are to the 8.9 total of all counties' expenditures for the AFDC program 8.10 formerly codified in sections 256.72 to 256.87, and medical 8.11 assistance programs. For the food stamp program, sanctions 8.12 shall be shared by each county board, with 50 percent of the 8.13 sanction being distributed to each county in the same proportion 8.14 as that county's administrative costs for food stamps are to the 8.15 total of all food stamp administrative costs for all counties, 8.16 and 50 percent of the sanctions being distributed to each county 8.17 in the same proportion as that county's value of food stamp 8.18 benefits issued are to the total of all benefits issued for all 8.19 counties. Each county shall pay its share of the disallowance 8.20 to the state of Minnesota. When a county fails to pay the 8.21 amount due hereunder, the commissioner may deduct the amount 8.22 from reimbursement otherwise due the county, or the attorney 8.23 general, upon the request of the commissioner, may institute 8.24 civil action to recover the amount due. 8.25 (b) Notwithstanding the provisions of paragraph (a), if the 8.26 disallowance results from knowing noncompliance by one or more 8.27 counties with a specific program instruction, and that knowing 8.28 noncompliance is a matter of official county board record, the 8.29 commissioner may require payment or recover from the county or 8.30 counties, in the manner prescribed in paragraph (a), an amount 8.31 equal to the portion of the total disallowance which resulted 8.32 from the noncompliance, and may distribute the balance of the 8.33 disallowance according to paragraph (a). 8.34 (15) Develop and implement special projects that maximize 8.35 reimbursements, other than federal TANF funds, and result in the 8.36 recovery of money to the state. For the purpose of recovering 9.1 state money, the commissioner may enter into contracts with 9.2 third parties. Any recoveries that result from projects or 9.3 contracts entered into under this paragraph shall be deposited 9.4 in the state treasury and credited to a special account until 9.5 the balance in the account reaches $1,000,000. When the balance 9.6 in the account exceeds $1,000,000, the excess shall be 9.7 transferred and credited to the general fund. All money in the 9.8 account is appropriated to the commissioner for the purposes of 9.9 this paragraph. 9.10 (16) Have the authority to make direct payments to 9.11 facilities providing shelter to women and their children 9.12 according to section 256D.05, subdivision 3. Upon the written 9.13 request of a shelter facility that has been denied payments 9.14 under section 256D.05, subdivision 3, the commissioner shall 9.15 review all relevant evidence and make a determination within 30 9.16 days of the request for review regarding issuance of direct 9.17 payments to the shelter facility. Failure to act within 30 days 9.18 shall be considered a determination not to issue direct payments. 9.19 (17) Have the authority to establish and enforce the 9.20 following county reporting requirements: 9.21 (a) The commissioner shall establish fiscal and statistical 9.22 reporting requirements necessary to account for the expenditure 9.23 of funds allocated to counties for human services programs. 9.24 When establishing financial and statistical reporting 9.25 requirements, the commissioner shall evaluate all reports, in 9.26 consultation with the counties, to determine if the reports can 9.27 be simplified or the number of reports can be reduced. 9.28 (b) The county board shall submit monthly or quarterly 9.29 reports to the department as required by the commissioner. 9.30 Monthly reports are due no later than 15 working days after the 9.31 end of the month. Quarterly reports are due no later than 30 9.32 calendar days after the end of the quarter, unless the 9.33 commissioner determines that the deadline must be shortened to 9.34 20 calendar days to avoid jeopardizing compliance with federal 9.35 deadlines or risking a loss of federal funding. Only reports 9.36 that are complete, legible, and in the required format shall be 10.1 accepted by the commissioner. 10.2 (c) If the required reports are not received by the 10.3 deadlines established in clause (b), the commissioner may delay 10.4 payments and withhold funds from the county board until the next 10.5 reporting period. When the report is needed to account for the 10.6 use of federal funds and the late report results in a reduction 10.7 in federal funding, the commissioner shall withhold from the 10.8 county boards with late reports an amount equal to the reduction 10.9 in federal funding until full federal funding is received. 10.10 (d) A county board that submits reports that are late, 10.11 illegible, incomplete, or not in the required format for two out 10.12 of three consecutive reporting periods is considered 10.13 noncompliant. When a county board is found to be noncompliant, 10.14 the commissioner shall notify the county board of the reason the 10.15 county board is considered noncompliant and request that the 10.16 county board develop a corrective action plan stating how the 10.17 county board plans to correct the problem. The corrective 10.18 action plan must be submitted to the commissioner within 45 days 10.19 after the date the county board received notice of noncompliance. 10.20 (e) The final deadline for fiscal reports or amendments to 10.21 fiscal reports is one year after the date the report was 10.22 originally due. If the commissioner does not receive a report 10.23 by the final deadline, the county board forfeits the funding 10.24 associated with the report for that reporting period and the 10.25 county board must repay any funds associated with the report 10.26 received for that reporting period. 10.27 (f) The commissioner may not delay payments, withhold 10.28 funds, or require repayment under paragraph (c) or (e) if the 10.29 county demonstrates that the commissioner failed to provide 10.30 appropriate forms, guidelines, and technical assistance to 10.31 enable the county to comply with the requirements. If the 10.32 county board disagrees with an action taken by the commissioner 10.33 under paragraph (c) or (e), the county board may appeal the 10.34 action according to sections 14.57 to 14.69. 10.35 (g) Counties subject to withholding of funds under 10.36 paragraph (c) or forfeiture or repayment of funds under 11.1 paragraph (e) shall not reduce or withhold benefits or services 11.2 to clients to cover costs incurred due to actions taken by the 11.3 commissioner under paragraph (c) or (e). 11.4 (18) Allocate federal fiscal disallowances or sanctions for 11.5 audit exceptions when federal fiscal disallowances or sanctions 11.6 are based on a statewide random sample for the foster care 11.7 program under title IV-E of the Social Security Act, United 11.8 States Code, title 42, in direct proportion to each county's 11.9 title IV-E foster care maintenance claim for that period. 11.10 (19) Be responsible for ensuring the detection, prevention, 11.11 investigation, and resolution of fraudulent activities or 11.12 behavior by applicants, recipients, and other participants in 11.13 the human services programs administered by the department. 11.14 (20) Require county agencies to identify overpayments, 11.15 establish claims, and utilize all available and cost-beneficial 11.16 methodologies to collect and recover these overpayments in the 11.17 human services programs administered by the department. 11.18 (21) Have the authority to administer a drug rebate program 11.19 for drugs purchased pursuant to the senior citizen drug program 11.20 established under section 256.955 after the beneficiary's 11.21 satisfaction of any deductible established in the program. The 11.22 commissioner shall require a rebate agreement from all 11.23 manufacturers of covered drugs as defined in section 256B.0625, 11.24 subdivision 13. For each drug, the amount of the rebate shall 11.25 be equal to the basic rebate as defined for purposes of the 11.26 federal rebate program in United States Code, title 42, section 11.27 1396r-8(c)(1). This basic rebate shall be applied to 11.28 single-source and multiple-source drugs. The manufacturers must 11.29 provide full payment within 30 days of receipt of the state 11.30 invoice for the rebate within the terms and conditions used for 11.31 the federal rebate program established pursuant to section 1927 11.32 of title XIX of the Social Security Act. The manufacturers must 11.33 provide the commissioner with any information necessary to 11.34 verify the rebate determined per drug. The rebate program shall 11.35 utilize the terms and conditions used for the federal rebate 11.36 program established pursuant to section 1927 of title XIX of the 12.1 Social Security Act. 12.2 (22) Operate the department's communication systems account 12.3 established in Laws 1993, First Special Session chapter 1, 12.4 article 1, section 2, subdivision 2, to manage shared 12.5 communication costs necessary for the operation of the programs 12.6 the commissioner supervises. A communications account may also 12.7 be established for each regional treatment center which operates 12.8 communications systems. Each account must be used to manage 12.9 shared communication costs necessary for the operations of the 12.10 programs the commissioner supervises. The commissioner may 12.11 distribute the costs of operating and maintaining communication 12.12 systems to participants in a manner that reflects actual usage. 12.13 Costs may include acquisition, licensing, insurance, 12.14 maintenance, repair, staff time and other costs as determined by 12.15 the commissioner. Nonprofit organizations and state, county, 12.16 and local government agencies involved in the operation of 12.17 programs the commissioner supervises may participate in the use 12.18 of the department's communications technology and share in the 12.19 cost of operation. The commissioner may accept on behalf of the 12.20 state any gift, bequest, devise or personal property of any 12.21 kind, or money tendered to the state for any lawful purpose 12.22 pertaining to the communication activities of the department. 12.23 Any money received for this purpose must be deposited in the 12.24 department's communication systems accounts. Money collected by 12.25 the commissioner for the use of communication systems must be 12.26 deposited in the state communication systems account and is 12.27 appropriated to the commissioner for purposes of this section. 12.28 (23) Receive any federal matching money that is made 12.29 available through the medical assistance program for the 12.30 consumer satisfaction survey. Any federal money received for 12.31 the survey is appropriated to the commissioner for this 12.32 purpose. The commissioner may expend the federal money received 12.33 for the consumer satisfaction survey in either year of the 12.34 biennium. 12.35 (24) Incorporate cost reimbursement claims from First Call 12.36 Minnesota into the federal cost reimbursement claiming processes 13.1 of the department according to federal law, rule, and 13.2 regulations. Any reimbursement received is appropriated to the 13.3 commissioner and shall be disbursed to First Call Minnesota 13.4 according to normal department payment schedules. 13.5 (25) Develop recommended standards for foster care homes 13.6 that address the components of specialized therapeutic services 13.7 to be provided by foster care homes with those services. 13.8 Sec. 4. Minnesota Statutes 1998, section 256.011, 13.9 subdivision 3, is amended to read: 13.10 Subd. 3. The commissioner of human services shall 13.11 negotiate with the federal government, or any agency, bureau, or 13.12 department thereof, for the purpose of securing or obtaining any 13.13 grants or aids. Any grants or aids thus secured or received are 13.14 appropriated to the commissioner of human services and made 13.15 available for the uses and purposes for which they were received 13.16 but shall be used to reduce the direct appropriations provided 13.17 by law unless: 13.18 (1) federal law prohibits such action; 13.19 (2) the grants or aids are federal TANF funds; orunless13.20 (3) the commissioner of human services obtains approval of 13.21 the governor who shall seek the advice of the legislative 13.22 advisory commission. 13.23 Sec. 5. Minnesota Statutes 1998, section 256.995, 13.24 subdivision 1, is amended to read: 13.25 Subdivision 1. [PROGRAM ESTABLISHED.] In order to enhance 13.26 the delivery of needed services to at-risk children and youth 13.27 and maximize federal funds, other than federal TANF funds, 13.28 available for that purpose, the commissioners of human services 13.29 and children, families, and learning shall design a statewide 13.30 program of collaboration between providers of health and social 13.31 services for children and local school districts, to be 13.32 financed, to the greatest extent possible, from federal 13.33 sources. The commissioners of health and public safety shall 13.34 assist the commissioners of human services and children, 13.35 families, and learning in designing the program. 13.36 Sec. 6. [256J.025] [TANF MAINTENANCE OF EFFORT.] 14.1 Subdivision 1. [SOURCES OF STATE MONEY FOR TANF MOE.] In 14.2 order to meet the basic maintenance of effort (MOE) requirements 14.3 of the TANF block grant specified under United States Code, 14.4 title 42, section 609(a)(7), the commissioner may only report 14.5 state money appropriated in clauses (1) to (4) as TANF MOE 14.6 expenditures: 14.7 (1) MFIP cash assistance benefits under this chapter; 14.8 (2) MFIP child care assistance under section 119B.05; 14.9 (3) state, county, and tribal MFIP administrative costs 14.10 under this chapter; and 14.11 (4) state, county, and tribal MFIP employment services 14.12 activities under sections 256J.62 to 256J.67 and 256J.69. 14.13 Subd. 2. [SUFFICIENT QUALIFIED STATE EXPENDITURES REQUIRED 14.14 ANNUALLY.] (a) The commissioner shall ensure that sufficient 14.15 qualified state expenditures are made each year to meet the 14.16 state's TANF MOE requirements. If state money appropriated for 14.17 the programs and purposes listed in subdivision 1 are 14.18 insufficient to meet the state's TANF MOE requirements, the 14.19 commissioner shall recommend additional allowable sources of 14.20 state expenditures to the legislature, if the legislature is or 14.21 will be in session to take action to specify additional sources 14.22 of state money for TANF MOE before a federal penalty is 14.23 imposed. The commissioner shall otherwise provide 14.24 recommendations to the legislative advisory commission under 14.25 section 3.3006. 14.26 (b) If the commissioner uses authority granted under Laws 14.27 1999, chapter 245, article 1, section 10, or similar authority 14.28 granted by a subsequent legislature, to meet the state's TANF 14.29 MOE requirements in a reporting period, the commissioner shall 14.30 inform the chairs of the appropriate legislative committees 14.31 about all transfers made under that authority for this purpose. 14.32 Sec. 7. Minnesota Statutes 1998, section 256J.08, is 14.33 amended by adding a subdivision to read: 14.34 Subd. 84a. [TANF MOE.] "TANF MOE" means the maintenance of 14.35 effort for the TANF block grant specified under United States 14.36 Code, title 42, section 609(a)(7). 15.1 Sec. 8. Laws 1999, chapter 245, article 1, section 2, 15.2 subdivision 10, is amended to read: 15.3 Subd. 10. Economic Support Grants 15.4 General 142,037,000 124,758,000 15.5 [GIFTS.] Notwithstanding Minnesota 15.6 Statutes, chapter 7, the commissioner 15.7 may accept on behalf of the state 15.8 additional funding from sources other 15.9 than state funds for the purpose of 15.10 financing the cost of assistance 15.11 program grants or nongrant 15.12 administration. All additional funding 15.13 is appropriated to the commissioner for 15.14 use as designated by the grantee of 15.15 funding. 15.16 [CHILD SUPPORT PAYMENT CENTER 15.17 RECOUPMENT ACCOUNT.] The child support 15.18 payment center is authorized to 15.19 establish an account to cover checks 15.20 issued in error or in cases where 15.21 insufficient funds are available to pay 15.22 the checks. All recoupments against 15.23 payments from the account must be 15.24 deposited in the child support payment 15.25 center recoupment account and are 15.26 appropriated to the commissioner for 15.27 the purposes of the account. Any 15.28 unexpended balance in the account does 15.29 not cancel, but is available until 15.30 expended. 15.31 [FEDERAL TANF FUNDS.] (1) Federal 15.32 Temporary Assistance for Needy Families 15.33 block grant funds authorized under 15.34 title I, Public Law Number 104-193, the 15.35 Personal Responsibility and Work 15.36 Opportunity Reconciliation Act of 1996, 15.37 and awarded in federal fiscal years 15.38 1997 to 2002 are appropriated to the 15.39 commissioner in amounts up to 15.40 $256,265,000 is fiscal year 2000 and 15.41 $249,682,000 in fiscal year 2001. In 15.42 addition to these funds, the 15.43 commissioner may draw or transfer any 15.44 other appropriations or transfers of 15.45 federal TANF block grant funds that are 15.46 enacted into state law. 15.47 (2) Of the amounts in clause (1), 15.48 $15,000,000 is transferred each year of 15.49 the biennium to the state's federal 15.50 Title XX block grant. Notwithstanding 15.51 the provisions of Minnesota Statutes, 15.52 section 256E.07, in each year of the 15.53 biennium the commissioner shall 15.54 allocate $15,000,000 of the state's 15.55 Title XX block grant funds based on the 15.56 community social services aids formula 15.57 in Minnesota Statutes, section 15.58 256E.06. The commissioner shall ensure 15.59 that money allocated to counties under 15.60 this provision is used according to the 15.61 requirements of United States Code, 15.62 title 42, section 604(d)(3)(B). 15.63 (3) Of the amounts in clause (1), 16.1 $10,990,000 is transferred each year 16.2 from the state's federal TANF block 16.3 grant to the state's federal Title XX 16.4 block grant. In each year $140,000 is 16.5 for grants according to Minnesota 16.6 Statutes, section 257.3571, subdivision 16.7 2a, to the Indian child welfare defense 16.8 corporation to promote statewide 16.9 compliance with the Indian Child 16.10 Welfare Act of 1978; $4,650,000 is for 16.11 grants to counties for concurrent 16.12 permanency planning; and $6,200,000 is 16.13 for the commissioner to distribute 16.14 according to the formula in Minnesota 16.15 Statutes, section 256E.07. The 16.16 commissioner shall ensure that money 16.17 allocated under this clause is used 16.18 according to the requirements of United 16.19 States Code, title 42, section 16.20 604(d)(3)(B). In fiscal years 2002 and 16.21 2003, $140,000 per year is for grants 16.22 according to Minnesota Statutes, 16.23 section 257.3571, subdivision 2a, to 16.24 the Indian child welfare defense 16.25 corporation to promote statewide 16.26 compliance with the Indian Child 16.27 Welfare Act of 1978. Section 13, 16.28 sunset of uncodified language, does not 16.29 apply to this provision. 16.30 (4) Of the amounts in clause (1), 16.31 $13,360,000 each year is for increased 16.32 employment and training efforts and 16.33 shall be expended as follows: 16.34 (a) $140,000 each year is for a grant 16.35 to the new chance program. The new 16.36 chance program shall provide 16.37 comprehensive services through a 16.38 private, nonprofit agency to young 16.39 parents in Hennepin county who have 16.40 dropped out of school and are receiving 16.41 public assistance. The program 16.42 administrator shall report annually to 16.43 the commissioner on skills development, 16.44 education, job training, and job 16.45 placement outcomes for program 16.46 participants. This appropriation is 16.47 available for either year of the 16.48 biennium. 16.49 (b) $260,000 each year is for grants to 16.50 counties to operate the parents fair 16.51 share program to assist unemployed, 16.52 noncustodial parents with job search 16.53 and parenting skills. 16.54 (c) $12,960,000 each year is to 16.55 increase employment and training 16.56 services grants for MFIP of which 16.57 $750,000 each year is to be transferred 16.58 to the job skills partnership board for 16.59 the health care and human services 16.60 worker training and retention program. 16.61 (d) $10,400,000 of these appropriations 16.62 shall become part of the base for the 16.63 2002-2003 biennium. 16.64 (5) Of the amounts in clause (1), 16.65 $1,094,000 in fiscal year 2000 and 17.1 $1,676,000 in fiscal year 2001 is 17.2 transferred from the state's federal 17.3 TANF block grant to the state's federal 17.4 child care and development fund block 17.5 grant, and is appropriated to the 17.6 commissioner of children, families, and 17.7 learning for the purposes of Minnesota 17.8 Statutes, section 119B.05. 17.9 (6) Of the amounts in clause (1), 17.10 $1,000,000 for the biennium is for the 17.11 purposes of creating and expanding 17.12 adult-supervised supportive living 17.13 arrangement services under Minnesota 17.14 Statutes, section 256J.14. The 17.15 commissioner shall request proposals 17.16 from interested parties that have 17.17 knowledge and experience in the area of 17.18 adult-supervised adolescent housing and 17.19 supportive services, and award grants 17.20 for the purpose of either expanding 17.21 existing or creating new living 17.22 arrangements and supportive services. 17.23 Minor parents who are MFIP participants 17.24 shall be given priority for housing, 17.25 and excess living arrangements may be 17.26 used by minor parents who are not MFIP 17.27 participants. 17.28 (7) In order to maximize transfers from 17.29 Minnesota's 1998 and 1999 federal TANF 17.30 block grant awards, the commissioner 17.31 may implement the transfers of TANF 17.32 funds in clauses (2), (3), and (5) in 17.33 the first year of the biennium. This 17.34 must only be done to the extent allowed 17.35 by federal law and to the extent that 17.36 program funding requirements can be met 17.37 in the second year of the biennium. 17.38(8) The commissioner shall ensure that17.39sufficient qualified state expenditures17.40are made each year to meet the TANF17.41basic maintenance of effort17.42requirements. The commissioner may17.43apply any allowable source of state17.44expenditures toward these requirements,17.45as necessary to meet minimum basic17.46maintenance of effort requirements and17.47to prevent the loss of federal funds.17.48 [WORKER TRAINING AND RETENTION 17.49 ELIGIBILITY PROCEDURES.] The 17.50 commissioner shall develop eligibility 17.51 procedures for TANF expenditures under 17.52 Minnesota Statutes, section 256J.02, 17.53 subdivision 2, clause (5). 17.54 The amounts that may be spent from this 17.55 appropriation for each purpose are as 17.56 follows: 17.57 (a) Assistance to Families Grants 17.58 General 64,870,000 66,117,000 17.59 [EMPLOYMENT SERVICES CARRYOVER.] 17.60 General fund and federal TANF block 17.61 grant appropriations for employment 17.62 services that remain unexpended 17.63 subsequent to the reallocation process 18.1 required in Minnesota Statutes, section 18.2 256J.62, do not cancel but are 18.3 available for these purposes in fiscal 18.4 year 2001. 18.5 (b) Work Grants 18.6 General 10,731,000 10,731,000 18.7 (c) Aid to Families With 18.8 Dependent Children and Other 18.9 Assistance 18.10 General 1,053,000 374,000 18.11 (d) Child Support Enforcement 18.12 General 5,359,000 5,359,000 18.13 [CHILD SUPPORT PAYMENT CENTER.] 18.14 Payments to the commissioner from other 18.15 governmental units, private 18.16 enterprises, and individuals for 18.17 services performed by the child support 18.18 payment center must be deposited in the 18.19 state systems account authorized under 18.20 Minnesota Statutes, section 256.014. 18.21 These payments are appropriated to the 18.22 commissioner for the operation of the 18.23 child support payment center or system, 18.24 according to Minnesota Statutes, 18.25 section 256.014. 18.26 [CHILD SUPPORT EXPEDITED PROCESS.] Of 18.27 this appropriation for child support 18.28 enforcement, $2,340,000 for the 18.29 biennium shall be transferred to the 18.30 state court administrator to fund the 18.31 child support expedited process, in 18.32 accordance with a cooperative agreement 18.33 to be negotiated between the parties. 18.34 State funds transferred for this 18.35 purpose in fiscal year 2000 may exceed 18.36 the base funding amount of $1,170,000 18.37 to the extent that there is an increase 18.38 in the number of orders issued in the 18.39 expedited process, but may not exceed 18.40 $1,420,000 in any case. Unexpended 18.41 expedited process appropriations in 18.42 fiscal year 2000 may be transferred to 18.43 fiscal year 2001 for this purpose. 18.44 Base funding for this program is set at 18.45 $1,170,000 for each year of the 18.46 2002-2003 biennium. The commissioner 18.47 shall include cost reimbursement claims 18.48 from the state court administrator for 18.49 the child support expedited process in 18.50 the department of human services 18.51 federal cost reimbursement claim 18.52 process according to federal law. 18.53 Federal dollars earned under these 18.54 claims are appropriated to the 18.55 commissioner and shall be disbursed to 18.56 the state court administrator according 18.57 to department procedures and schedules. 18.58 (e) General Assistance 18.59 General 33,927,000 14,973,000 18.60 [TRANSFERS FROM STATE TANF RESERVE.] 19.1 $4,666,000 in fiscal year 2000 is 19.2 transferred from the state TANF reserve 19.3 account to the general fund. 19.4 [GENERAL ASSISTANCE STANDARD.] The 19.5 commissioner shall set the monthly 19.6 standard of assistance for general 19.7 assistance units consisting of an adult 19.8 recipient who is childless and 19.9 unmarried or living apart from his or 19.10 her parents or a legal guardian at 19.11 $203. The commissioner may reduce this 19.12 amount in accordance with Laws 1997, 19.13 chapter 85, article 3, section 54. 19.14 (f) Minnesota Supplemental Aid 19.15 General 25,767,000 26,874,000 19.16 (g) Refugee Services 19.17 General 330,000 330,000 19.18 Sec. 9. [UPPER LIMIT ON TANF MOE EXPENDITURES.] 19.19 Subdivision 1. [STATE APPROPRIATIONS USED TO MEET TANF 19.20 MOE.] The amounts specified in this section apply to meeting the 19.21 TANF maintenance of effort requirement under section 256J.025 19.22 and are for the fiscal years designated. 19.23 Subd. 2. [HUMAN SERVICES EXPENDITURES LIMITED.] Of the 19.24 state appropriations made under Laws 1998, chapter 407, article 19.25 1, the commissioner of human services may only report up to the 19.26 following amounts as TANF MOE expenditures: 19.27 (1) as MFIP cash assistance: 19.28 $91,307,000 ..... 2000 19.29 $92,337,000 ..... 2001 19.30 (2) as MFIP administrative costs: 19.31 $28,759,000 ..... 2000 19.32 $28,759,000 ..... 2001 19.33 (3) as MFIP employment services: 19.34 $ 6,722,000 ..... 2000 19.35 $ 6,722,000 ..... 2001 19.36 Subd. 3. [CHILD CARE ASSISTANCE EXPENDITURES LIMITED.] Of 19.37 the state appropriations made under Laws 1999, chapter 205, 19.38 article 1, section 71, the commissioner of human services may 19.39 only report up to the following amounts as TANF MOE expenditures: 19.40 (1) as MFIP child care: 19.41 $64,350,000 ..... 2000 20.1 $63,320,000 ..... 2001 20.2 Sec. 10. [EFFECTIVE DATE.] 20.3 Sections 1 to 9 are effective the day following final 20.4 enactment.