HF 5

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health and human services; authorizing 
  1.3             welfare reform; childhood immunization; social 
  1.4             services programs; recovery of funds; requesting 
  1.5             federal waivers for programs; employment, education, 
  1.6             and training programs; allocation and use of funds; 
  1.7             coverage of health services; child support; data 
  1.8             collection and disclosure; tax credits; appropriating 
  1.9             money; amending Minnesota Statutes 1994, sections 
  1.10            13.46, subdivision 2; 256.01, by adding subdivisions; 
  1.11            256.035, subdivision 6d; 256.73, subdivision 8, and by 
  1.12            adding subdivisions; 256.736, subdivisions 3a, 4a, 5, 
  1.13            10, 10a, 14, 16, and by adding a subdivision; 256.737, 
  1.14            subdivisions 1a, 2, and by adding a subdivision; 
  1.15            256.74, by adding a subdivision; 256.81; 256.979, by 
  1.16            adding a subdivision; 256.983, subdivision 1; 
  1.17            256B.0625, subdivision 13; 256D.01, subdivision 1a; 
  1.18            256D.03, subdivision 4; 256D.05, subdivisions 1 and 6; 
  1.19            256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 
  1.20            9, 17, and by adding a subdivision; 256D.052, 
  1.21            subdivision 3; and 256D.09, subdivision 2a, and by 
  1.22            adding subdivisions; proposing coding for new law in 
  1.23            Minnesota Statutes, chapters 256; and 256D; repealing 
  1.24            Minnesota Statutes 1994, sections 256.734; 256D.051, 
  1.25            subdivisions 10, 13, 14, and 15; 256D.052, 
  1.26            subdivisions 1, 2, and 4; 256D.091; 256D.101; 
  1.27            256D.111; and 256D.113. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29                             ARTICLE 1
  1.30                     WELFARE REFORM TASK FORCE
  1.31     Section 1.  [LEGISLATIVE TASK FORCE TO GUIDE WELFARE 
  1.32  REFORM.] 
  1.33     Subdivision 1.  [MEMBERSHIP.] The speaker of the house and 
  1.34  the senate majority leader shall appoint at least five members 
  1.35  from each body to constitute a legislative task force to guide 
  1.36  welfare reform.  At least two of the members appointed from each 
  2.1   body shall be from the minority party.  The task force shall be 
  2.2   jointly chaired by a member of the senate and a member of the 
  2.3   house of representatives.  Members shall be appointed before 
  2.4   June 1, 1995, and shall convene as soon as possible during the 
  2.5   1995 interim at the call of the chairs. 
  2.6      Subd. 2.  [DUTIES.] Members shall examine options for 
  2.7   welfare reform in the program of Aid to Families with Dependent 
  2.8   Children, with a view to designing an integrated, comprehensive 
  2.9   statewide program for presentation to the legislature during the 
  2.10  1996 session.  Members shall design a program which encourages 
  2.11  family self-sufficiency and promotes work and which is 
  2.12  coordinated and integrated with the Minnesota STRIDE program, 
  2.13  the MFIP program, the targeted jobs program developed under 
  2.14  section 268.905, and any changes enacted by the Congress during 
  2.15  the 1995 session.  Members shall also review the temporary 
  2.16  county assistance program authorized by Minnesota Statutes, 
  2.17  section 256D.23, and make recommendations on that program to the 
  2.18  1996 legislature.  
  2.19     The departments of human services and economic security 
  2.20  shall assist the task force by providing information as 
  2.21  requested.  The task force shall seek input from a wide variety 
  2.22  of groups, including state agencies, the governor's office, 
  2.23  county agencies, advocacy groups including representatives of 
  2.24  non-English-speaking constituencies, welfare recipients, and 
  2.25  local and national experts.  The task force shall be assisted as 
  2.26  necessary by legislative staff. 
  2.27     Subd. 3.  [REPORT.] The task force shall present a report 
  2.28  containing its recommendations on the temporary county 
  2.29  assistance program and its proposal for comprehensive welfare 
  2.30  reform, with draft legislation, to the legislature by February 
  2.31  1, 1996.  The report shall specify federal waivers needed and 
  2.32  set timelines for implementation. 
  2.33                             ARTICLE 2
  2.34                           WELFARE REFORM
  2.35     Section 1.  Minnesota Statutes 1994, section 256.01, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 4a.  [TECHNICAL ASSISTANCE FOR IMMUNIZATION 
  3.2   REMINDERS.] The state agency shall provide appropriate technical 
  3.3   assistance to county agencies to develop methods to have county 
  3.4   financial workers remind and encourage recipients of aid to 
  3.5   families with dependent children, the Minnesota family 
  3.6   investment plan, medical assistance, family general assistance, 
  3.7   or food stamps whose assistance unit includes at least one child 
  3.8   under the age of five to have each young child immunized against 
  3.9   childhood diseases.  The state agency must examine the 
  3.10  feasibility of utilizing the capacity of a statewide computer 
  3.11  system to assist county agency financial workers in performing 
  3.12  this function at appropriate intervals. 
  3.13     Sec. 2.  Minnesota Statutes 1994, section 256.01, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 13.  [PILOT PROJECT; PROTOCOLS FOR PERSONS LACKING 
  3.16  PROFICIENCY IN ENGLISH.] The commissioner of human services 
  3.17  shall establish pilot projects in Hennepin and Ramsey counties 
  3.18  to provide language assistance to clients applying for or 
  3.19  receiving aid through the county social service agency.  The 
  3.20  projects shall be designed to provide translation, in the five 
  3.21  foreign languages that are most common to applicants and 
  3.22  recipients in the pilot counties, to individuals lacking 
  3.23  proficiency in English, who are applying for or receiving 
  3.24  assistance under any program supervised by the commissioner of 
  3.25  human services.  As part of the project, the commissioner shall 
  3.26  ensure that the Combined Application Form (CAF) is available in 
  3.27  these five languages.  The projects shall also provide language 
  3.28  assistance to individuals applying for or receiving aid under 
  3.29  programs which the department of human services operates jointly 
  3.30  with other executive branch agencies, including all work and 
  3.31  training programs operated under chapters 256 and 256D.  The 
  3.32  purpose of the pilot projects is to ensure that information 
  3.33  regarding a program is presented in translation to applicants 
  3.34  for and recipients of assistance who lack proficiency in 
  3.35  English.  In preparing the protocols to be used in the pilot 
  3.36  programs, the commissioner shall seek input from the following 
  4.1   groups:  advocacy organizations that represent non-English 
  4.2   speaking clients, county social service agencies, legal advocacy 
  4.3   groups, employment and training providers, and other affected 
  4.4   groups.  The commissioner shall develop the protocols by October 
  4.5   1, 1995, and shall implement them as soon as feasible in the 
  4.6   pilot counties.  The commissioner shall report to the 
  4.7   legislature by February 1, 1996, on the protocols developed, on 
  4.8   the status of their implementation in the pilot counties, and 
  4.9   shall include recommendations for statewide implementation. 
  4.10     Sec. 3.  Minnesota Statutes 1994, section 256.73, is 
  4.11  amended by adding a subdivision to read: 
  4.12     Subd. 3b.  [ELIGIBILITY NOT BARRED BY WORKING OVER 99 
  4.13  HOURS; PAST EMPLOYMENT HISTORY; 30-DAY WAITING PERIOD.] An 
  4.14  individual receiving assistance may work over 99 hours per month 
  4.15  and remain eligible for assistance, provided all other 
  4.16  requirements of the aid to families with dependent 
  4.17  children-unemployed parent program are met.  The applicant is 
  4.18  not required to demonstrate past employment history or 30 days 
  4.19  of prior unemployment to be eligible for AFDC-unemployed 
  4.20  parent.  This subdivision is effective upon federal approval and 
  4.21  implementation of the waiver under section 46, subdivision 4. 
  4.22     Sec. 4.  Minnesota Statutes 1994, section 256.73, is 
  4.23  amended by adding a subdivision to read: 
  4.24     Subd. 5a.  [PARENTING OR PREGNANT MINORS; RESTRICTION ON 
  4.25  ASSISTANCE WITH FEDERAL EXCEPTIONS.] (a) The definitions in this 
  4.26  paragraph only apply to this subdivision. 
  4.27     (1) "Minor parent" means an individual who: 
  4.28     (i) is under the age of 18; 
  4.29     (ii) has never been married or otherwise legally 
  4.30  emancipated; and 
  4.31     (iii) is either the natural parent of a dependent child 
  4.32  living in the same household or eligible for assistance paid to 
  4.33  a pregnant woman under subdivision 5. 
  4.34     (2) "Household of a parent, legal guardian, or other adult 
  4.35  relative" means the place of residence of: 
  4.36     (i) a natural or adoptive parent; 
  5.1      (ii) a legal guardian pursuant to appointment or acceptance 
  5.2   under section 260.242, 525.615, or 525.6165, and related laws; 
  5.3   or 
  5.4      (iii) another individual who is age 18 or over and related 
  5.5   to the minor parent as specified in Code of Federal Regulations, 
  5.6   title 45, section 233.90(c)(1)(v), provided that the residence 
  5.7   is maintained as a home for the minor parent and child under 
  5.8   Code of Federal Regulations, title 45, section 
  5.9   233.90(c)(1)(v)(B). 
  5.10     (3) "Adult-supervised supportive living arrangement" means 
  5.11  a private family setting which assumes responsibility for the 
  5.12  care and control of the minor parent and dependent child, or 
  5.13  other living arrangement, not including a public institution, 
  5.14  licensed by the commissioner of human services which ensures 
  5.15  that the minor parent receives adult supervision and supportive 
  5.16  services, such as counseling, guidance, independent living 
  5.17  skills training, or supervision. 
  5.18     (b) A minor parent and the dependent child who is in the 
  5.19  care of the minor parent must reside in the household of a 
  5.20  parent, legal guardian, or other adult relative, or in an 
  5.21  adult-supervised supportive living arrangement in order to 
  5.22  receive AFDC unless: 
  5.23     (1) the minor parent has no living parent or legal guardian 
  5.24  whose whereabouts is known; 
  5.25     (2) no living parent or legal guardian of the minor parent 
  5.26  allows the minor parent to live in the parent's or legal 
  5.27  guardian's home; 
  5.28     (3) the minor parent lived apart from the minor parent's 
  5.29  own parent or legal guardian for a period of at least one year 
  5.30  before either the birth of the dependent child or the minor 
  5.31  parent's application for AFDC; 
  5.32     (4) the physical or emotional health or safety of the minor 
  5.33  parent or dependent child would be jeopardized if the minor 
  5.34  parent and the dependent child resided in the same residence 
  5.35  with the minor parent's parent or legal guardian; 
  5.36     (5) the minor parent and dependent child have, on the 
  6.1   effective date of this section, been living independently as 
  6.2   part of an approved social services plan for less than one year; 
  6.3   or 
  6.4      (6) an adult supervised supportive living arrangement is 
  6.5   not available for the minor parent and the dependent child in 
  6.6   the county in which the minor currently resides.  If an adult 
  6.7   supervised supportive living arrangement becomes available 
  6.8   within the county, the minor parent and child must reside in 
  6.9   that arrangement. 
  6.10     (c) Minor applicants must be informed orally and in writing 
  6.11  about the eligibility requirements and their rights and 
  6.12  obligations under the AFDC program.  The county must advise the 
  6.13  minor of the possible exemptions and specifically ask whether 
  6.14  one or more of these exemptions is applicable.  If the minor 
  6.15  alleges one or more of these exemptions, then the county must 
  6.16  assist the minor in obtaining the necessary verifications to 
  6.17  determine whether or not these exemptions apply. 
  6.18     (d) If the county worker has reason to suspect that the 
  6.19  physical or emotional health or safety of the minor parent or 
  6.20  dependent child would be jeopardized if they resided with the 
  6.21  minor parent's parent or legal guardian, then the county worker 
  6.22  must make a referral to child protective services to determine 
  6.23  if paragraph (b), clause (4), applies.  A new determination by 
  6.24  the county worker is not necessary if one has been made within 
  6.25  the last six months, unless there has been a significant change 
  6.26  in circumstances which justifies a new referral and 
  6.27  determination. 
  6.28     (e) If a minor parent is not living with a parent or legal 
  6.29  guardian due to paragraph (b), clause (1), (2), or (4), the 
  6.30  minor parent must reside, when possible, in a living arrangement 
  6.31  that meets the standards of paragraph (a), clause (3). 
  6.32     (f) When a minor parent and his or her dependent child live 
  6.33  with the minor parent's parent, legal guardian, or other adult 
  6.34  relative, or in an adult supervised supportive living 
  6.35  arrangement, AFDC must be paid, when possible, in the form of a 
  6.36  protective payment on behalf of the minor parent and dependent 
  7.1   child in accordance with Code of Federal Regulations, title 45, 
  7.2   section 234.60. 
  7.3      Sec. 5.  Minnesota Statutes 1994, section 256.73, 
  7.4   subdivision 8, is amended to read: 
  7.5      Subd. 8.  [RECOVERY OF OVERPAYMENTS.] (a) Except as 
  7.6   provided in subdivision 8a, if an amount of aid to families with 
  7.7   dependent children assistance is paid to a recipient in excess 
  7.8   of the payment due, it shall be recoverable by the county 
  7.9   agency.  The agency shall give written notice to the recipient 
  7.10  of its intention to recover the overpayment. 
  7.11     (b) When an overpayment occurs, the county agency shall 
  7.12  recover the overpayment from a current recipient by reducing the 
  7.13  amount of aid payable to the assistance unit of which the 
  7.14  recipient is a member for one or more monthly assistance 
  7.15  payments until the overpayment is repaid.  All county agencies 
  7.16  in the state shall reduce the assistance payment by three 
  7.17  percent of the assistance unit's standard of need or the amount 
  7.18  of the monthly payment, whichever is less, for all overpayments 
  7.19  whether or not the overpayment is due solely to agency error.  
  7.20  If the overpayment is due solely to having wrongfully obtained 
  7.21  assistance, whether based on a court order, the finding of an 
  7.22  administrative fraud disqualification hearing or a waiver of 
  7.23  such a hearing, or a confession of judgment containing an 
  7.24  admission of an intentional program violation, the amount of 
  7.25  this reduction shall be ten percent.  In cases when there is 
  7.26  both an overpayment and underpayment, the county agency shall 
  7.27  offset one against the other in correcting the payment. 
  7.28     (c) Overpayments may also be voluntarily repaid, in part or 
  7.29  in full, by the individual, in addition to the above aid 
  7.30  reductions, until the total amount of the overpayment is repaid. 
  7.31     (d) The county agency shall make reasonable efforts to 
  7.32  recover overpayments to persons no longer on assistance in 
  7.33  accordance with standards adopted in rule by the commissioner of 
  7.34  human services.  The county agency need not attempt to recover 
  7.35  overpayments of less than $35 paid to an individual no longer on 
  7.36  assistance if the individual does not receive assistance again 
  8.1   within three years, unless the individual has been convicted of 
  8.2   fraud under section 256.98. 
  8.3      Sec. 6.  Minnesota Statutes 1994, section 256.73, is 
  8.4   amended by adding a subdivision to read: 
  8.5      Subd. 8a.  [START WORK OFFSET.] An overpayment resulting 
  8.6   from earned income received in the first month of employment is 
  8.7   not recoverable by the county agency provided the aid to 
  8.8   families with dependent children assistance unit has not 
  8.9   voluntarily quit employment, without good cause under section 
  8.10  268.09, subdivision 1, paragraph (a), in the past two years.  A 
  8.11  "start work offset" for purposes of this subdivision is the 
  8.12  amount of the overpayment the assistance unit would otherwise be 
  8.13  required to repay to the county under subdivision 8.  This 
  8.14  subdivision is effective upon federal approval and 
  8.15  implementation of the waiver under section 46, subdivision 3. 
  8.16     Sec. 7.  [256.7341] [TEMPORARY PUBLIC SERVICE OR COMMUNITY 
  8.17  SERVICE JOBS.] 
  8.18     A participant, except an obligor participating in an 
  8.19  approved community investment program under section 518.551, may 
  8.20  not work in a temporary public service or community service job 
  8.21  for a public employer for more than 67 working days or 536 hours 
  8.22  in a calendar year, whichever is greater, as part of a work 
  8.23  program established under this chapter except by written 
  8.24  agreement of the exclusive representative of affected employees 
  8.25  of the public employer.  Upon the written request of the 
  8.26  exclusive bargaining representative, a county or public service 
  8.27  employer shall make available to the affected exclusive 
  8.28  bargaining representative a report of hours worked by 
  8.29  participants in temporary public service or community service 
  8.30  jobs. 
  8.31     Sec. 8.  Minnesota Statutes 1994, section 256.736, 
  8.32  subdivision 3a, is amended to read: 
  8.33     Subd. 3a.  [PARTICIPATION.] (a) Except as provided under 
  8.34  paragraphs (b) and (c), participation in employment and training 
  8.35  services under this section is limited to the following 
  8.36  recipients:  
  9.1      (1) caretakers who are required to participate in a job 
  9.2   search under subdivision 14; 
  9.3      (2) custodial parents who are subject to the school 
  9.4   attendance or case management participation requirements under 
  9.5   subdivision 3b; 
  9.6      (3) caretakers whose participation in employment and 
  9.7   training services began prior to May 1, 1990, if the caretaker's 
  9.8   AFDC eligibility has not been interrupted for 30 days or more 
  9.9   and the caretaker's employability development plan has not been 
  9.10  completed; 
  9.11     (4) recipients who are members of a family in which the 
  9.12  youngest child is within two years of being ineligible for AFDC 
  9.13  due to age; 
  9.14     (5) custodial parents under the age of 24 who:  (i) have 
  9.15  not completed a high school education and who, at the time of 
  9.16  application for AFDC, were not enrolled in high school or in a 
  9.17  high school equivalency program; or (ii) have had little or no 
  9.18  work experience in the preceding year; 
  9.19     (6) recipients who have received AFDC for 36 or more months 
  9.20  out of the last 60 months; 
  9.21     (7) recipients who are participants in the self-employment 
  9.22  investment demonstration project under section 268.95; and 
  9.23     (8) recipients who participate in the new chance research 
  9.24  and demonstration project under contract with the department of 
  9.25  human services. 
  9.26     (b) If the commissioner determines that participation of 
  9.27  persons listed in paragraph (a) in employment and training 
  9.28  services is insufficient either to meet federal performance 
  9.29  targets or to fully utilize funds appropriated under this 
  9.30  section, the commissioner may, after notifying the chairs of the 
  9.31  senate family services committee, the house health and human 
  9.32  services committee, the family services division of the senate 
  9.33  family services and health care committees, and the human 
  9.34  services division of the house health and human services 
  9.35  committee, permit additional groups of recipients to participate 
  9.36  until the next meeting of the legislative advisory commission, 
 10.1   after which the additional groups may continue to enroll for 
 10.2   participation unless the legislative advisory commission 
 10.3   disapproves the continued enrollment.  The commissioner shall 
 10.4   allow participation of additional groups in the following order 
 10.5   only as needed to meet performance targets or fully utilize 
 10.6   funding for employment and training services under this section: 
 10.7      (1) recipients who have received 24 or more months of AFDC 
 10.8   out of the previous 48 months; and 
 10.9      (2) recipients who have not completed a high school 
 10.10  education or a high school equivalency program. 
 10.11     (c) To the extent of money appropriated specifically for 
 10.12  this paragraph, the commissioner may permit AFDC caretakers who 
 10.13  are not eligible for participation in employment and training 
 10.14  services under the provisions of paragraph (a) or (b) to 
 10.15  participate.  Money must be allocated to county agencies based 
 10.16  on the county's percentage of participants statewide in services 
 10.17  under this section in the prior calendar year.  Caretakers must 
 10.18  be selected on a first-come, first-served basis from a waiting 
 10.19  list of caretakers who volunteer to participate.  The 
 10.20  commissioner may, on a quarterly basis, reallocate unused 
 10.21  allocations to county agencies that have sufficient volunteers.  
 10.22  If funding under this paragraph is discontinued in future fiscal 
 10.23  years, caretakers who began participating under this paragraph 
 10.24  must be deemed eligible under paragraph (a), clause (3). 
 10.25     (d) Participants who are eligible and enroll in the STRIDE 
 10.26  program under one of the categories of this subdivision are 
 10.27  required to cooperate with the assessment and employability plan 
 10.28  development, and to meet the terms of their employability plan.  
 10.29  Failure to comply, without good cause, shall result in the 
 10.30  imposition of sanctions as specified in subdivision 4, clause 
 10.31  (6). 
 10.32     Sec. 9.  Minnesota Statutes 1994, section 256.736, 
 10.33  subdivision 4a, is amended to read: 
 10.34     Subd. 4a.  [NOTICE, CONCILIATION, AND RIGHT OF APPEAL.] If 
 10.35  the employment and training service provider determines that the 
 10.36  caretaker has failed or refused, without good cause, to 
 11.1   cooperate or accept employment, the employment and training 
 11.2   service provider shall issue to the caretaker a written notice 
 11.3   of its determination of noncooperation or refusal to accept 
 11.4   employment.  The notice must include a detailed explanation of 
 11.5   the reason for the determination and must specify the 
 11.6   consequences for failure or refusal to cooperate or accept 
 11.7   employment, the actions which the employment and training 
 11.8   service provider believes are necessary for the caretaker to 
 11.9   comply with the employment and training program, and the right 
 11.10  to request, within ten days of receipt of the date the notice 
 11.11  was mailed or hand delivered, a conciliation conference.  The 
 11.12  employment and training service provider or the county agency 
 11.13  must conduct a conciliation conference within five days of a 
 11.14  timely request.  If the dispute between the employment and 
 11.15  training service provider and the caretaker is not resolved in 
 11.16  the conciliation conference or a request for a conciliation 
 11.17  conference is not made within the required time, then the 
 11.18  employment and training service provider shall notify the county 
 11.19  board of a caretaker's failure without good cause to cooperate 
 11.20  or accept employment.  Unless the county agency has evidence to 
 11.21  the contrary, the county agency shall implement the sanction 
 11.22  provisions of subdivision 4.  Any determination, action, or 
 11.23  inaction on the part of the county board relating to a 
 11.24  caretaker's participation under section 256.736 is subject to 
 11.25  the notice and hearing procedures in section 256.045, and Code 
 11.26  of Federal Regulations, title 45, section 205.10. 
 11.27     Sec. 10.  Minnesota Statutes 1994, section 256.736, 
 11.28  subdivision 5, is amended to read: 
 11.29     Subd. 5.  [EXTENSION OF EMPLOYMENT AND TRAINING 
 11.30  OPPORTUNITIES.] The commissioner of human services shall 
 11.31  cooperate with the commissioner of economic security and the 
 11.32  commissioner of trade and economic development to extend the 
 11.33  availability of training and employment opportunities on a 
 11.34  statewide basis and to assist local employment advisory groups 
 11.35  convened under this subdivision.  The county welfare agency may 
 11.36  convene an employment advisory group which shall include but not 
 12.1   be limited to representatives from the local chamber of 
 12.2   commerce, from major area employers, from private and public 
 12.3   collective bargaining units who shall be represented by their 
 12.4   exclusive representatives, from secondary and post-secondary 
 12.5   educational institutions in the community, and from job services 
 12.6   offices operated by the commissioner of economic security under 
 12.7   chapter 268.  The county welfare agency shall work with the 
 12.8   local employment advisory group to maximize the job 
 12.9   opportunities for welfare clients.  In a county where a private 
 12.10  industry council has been established, the county welfare agency 
 12.11  may work with the council to maximize job opportunities in lieu 
 12.12  of or in addition to convening an employment advisory group. 
 12.13     Sec. 11.  Minnesota Statutes 1994, section 256.736, 
 12.14  subdivision 10, is amended to read: 
 12.15     Subd. 10.  [COUNTY DUTIES.] (a) To the extent of available 
 12.16  state appropriations, county boards shall:  
 12.17     (1) refer all mandatory and eligible volunteer caretakers 
 12.18  permitted to participate under subdivision 3a to an employment 
 12.19  and training service provider for participation in employment 
 12.20  and training services; 
 12.21     (2) identify to the employment and training service 
 12.22  provider the target group of which the referred caretaker is a 
 12.23  member; 
 12.24     (3) provide all caretakers with an orientation which meets 
 12.25  the requirements in subdivisions 10a and 10b; 
 12.26     (4) work with the employment and training service provider 
 12.27  to encourage voluntary participation by caretakers in the target 
 12.28  groups; 
 12.29     (5) work with the employment and training service provider 
 12.30  to collect data as required by the commissioner; 
 12.31     (6) to the extent permissible under federal law, require 
 12.32  all caretakers coming into the AFDC program to attend 
 12.33  orientation; 
 12.34     (7) encourage nontarget caretakers to develop a plan to 
 12.35  obtain self-sufficiency; 
 12.36     (8) notify the commissioner of the caretakers required to 
 13.1   participate in employment and training services; 
 13.2      (9) inform appropriate caretakers of opportunities 
 13.3   available through the head start program and encourage 
 13.4   caretakers to have their children screened for enrollment in the 
 13.5   program where appropriate; 
 13.6      (10) provide transportation assistance using available 
 13.7   funds to caretakers who participate in employment and training 
 13.8   programs; 
 13.9      (11) ensure that orientation, job search, services to 
 13.10  custodial parents under the age of 20, educational activities 
 13.11  and work experience for AFDC-UP families, and case management 
 13.12  services are made available to appropriate caretakers under this 
 13.13  section, except that payment for case management services is 
 13.14  governed by subdivision 13; 
 13.15     (12) explain in its local service unit plan under section 
 13.16  268.88 how it will ensure that target caretakers determined to 
 13.17  be in need of social services are provided with such social 
 13.18  services.  The plan must specify how the case manager and the 
 13.19  county social service workers will ensure delivery of needed 
 13.20  services; 
 13.21     (13) to the extent allowed by federal laws and regulations, 
 13.22  provide a job search program as defined in subdivision 14, a 
 13.23  community work experience program as defined in section 256.737, 
 13.24  grant diversion as defined in section 256.739, and on-the-job 
 13.25  training as defined in section 256.738.  A county may also 
 13.26  provide another work and training program approved by the 
 13.27  commissioner and the secretary of the United States Department 
 13.28  of Health and Human Services.  Planning and approval for 
 13.29  employment and training services listed in this clause must be 
 13.30  obtained through submission of the local service unit plan as 
 13.31  specified under section 268.88.  A county is not required to 
 13.32  provide a community work experience program if the county agency 
 13.33  is successful in placing at least 40 percent of the monthly 
 13.34  average of all caretakers who are subject to the job search 
 13.35  requirements of subdivision 14 in grant diversion or on-the-job 
 13.36  training program; 
 14.1      (14) prior to participation, provide an assessment of each 
 14.2   AFDC recipient who is required or volunteers to participate in 
 14.3   an approved employment and training service.  The assessment 
 14.4   must include an evaluation of the participant's (i) educational, 
 14.5   child care, and other supportive service needs; (ii) skills and 
 14.6   prior work experience; and (iii) ability to secure and retain a 
 14.7   job which, when wages are added to child support, will support 
 14.8   the participant's family.  The assessment must also include a 
 14.9   review of the results of the early and periodic screening, 
 14.10  diagnosis and treatment (EPSDT) screening and preschool 
 14.11  screening under chapter 123, if available; the participant's 
 14.12  family circumstances; and, in the case of a custodial parent 
 14.13  under the age of 18, a review of the effect of a child's 
 14.14  development and educational needs on the parent's ability to 
 14.15  participate in the program; 
 14.16     (15) develop an employability development plan for each 
 14.17  recipient for whom an assessment is required under clause (14) 
 14.18  which:  (i) reflects the assessment required by clause (14); (ii)
 14.19  takes into consideration the recipient's physical capacity, 
 14.20  skills, experience, health and safety, family responsibilities, 
 14.21  place of residence, proficiency, child care and other supportive 
 14.22  service needs; (iii) is based on available resources and local 
 14.23  employment opportunities; (iv) specifies the services to be 
 14.24  provided by the employment and training service provider; (v) 
 14.25  specifies the activities the recipient will participate in, 
 14.26  including the worksite to which the caretaker will be assigned, 
 14.27  if the caretaker is subject to the requirements of section 
 14.28  256.737, subdivision 2; (vi) specifies necessary supportive 
 14.29  services such as child care; (vii) reflects the effort to 
 14.30  arrange mandatory activities so that the activities do not 
 14.31  interfere with access to available English as a second language 
 14.32  classes and to the extent possible, reflects the preferences of 
 14.33  the participant; and (viii) includes a written agreement between 
 14.34  the county agency and the caretaker that outlines a reasonable 
 14.35  schedule for completing the plan, including specific completion 
 14.36  deadlines, and confirms that (A) there is a market for full-time 
 15.1   employees with this education or training where the caretaker 
 15.2   will or is willing to reside upon completion of the program; (B) 
 15.3   the average wage level for employees with this education or 
 15.4   training is greater than the caretaker can earn without this 
 15.5   education or training; (C) the caretaker has the academic 
 15.6   ability to successfully complete the program; and (D) there is a 
 15.7   reasonable expectation that the caretaker will complete the 
 15.8   training program based on such factors as the caretaker's 
 15.9   previous education, training, work history, current motivation, 
 15.10  and changes in previous circumstances; and (ix) specifies the 
 15.11  recipient's long-term employment goal which shall lead to 
 15.12  self-sufficiency; 
 15.13     (16) provide written notification to and obtain the written 
 15.14  or oral concurrence of the appropriate exclusive bargaining 
 15.15  representatives with respect to job duties covered under 
 15.16  collective bargaining agreements to and assure that no work 
 15.17  assignment under this section or sections 256.737, 256.738, and 
 15.18  256.739, or the Minnesota parent's fair share mandatory 
 15.19  community work experience program results in:  (i) termination, 
 15.20  layoff, or reduction of the work hours of an employee for the 
 15.21  purpose of hiring an individual under this section or sections 
 15.22  256.737, 256.738, and 256.739; (ii) the hiring of an individual 
 15.23  if any other person is on layoff from the same or a 
 15.24  substantially equivalent job; (iii) any infringement of the 
 15.25  promotional opportunities of any currently employed individual; 
 15.26  (iv) the impairment of existing contracts for services or 
 15.27  collective bargaining agreements; or (v) except for on-the-job 
 15.28  training under section 256.738, a participant filling an 
 15.29  established unfilled position vacancy.  If an exclusive 
 15.30  bargaining representative and a county or public service 
 15.31  employer disagree regarding whether job duties are covered under 
 15.32  a collective bargaining agreement, the exclusive bargaining 
 15.33  representative or the county or public service employer may 
 15.34  petition the bureau of mediation services, and the bureau shall 
 15.35  determine if the job duties are covered by a collective 
 15.36  bargaining agreement; and 
 16.1      (17) assess each caretaker in an AFDC-UP family who is 
 16.2   under age 25, has not completed high school or a high school 
 16.3   equivalency program, and who would otherwise be required to 
 16.4   participate in a work experience placement under section 256.737 
 16.5   to determine if an appropriate secondary education option is 
 16.6   available for the caretaker.  If an appropriate secondary 
 16.7   education option is determined to be available for the 
 16.8   caretaker, the caretaker must, in lieu of participating in work 
 16.9   experience, enroll in and meet the educational program's 
 16.10  participation and attendance requirements.  "Secondary 
 16.11  education" for this paragraph means high school education or 
 16.12  education designed to prepare a person to qualify for a high 
 16.13  school equivalency certificate, basic and remedial education, 
 16.14  and English as a second language education.  A caretaker 
 16.15  required to participate in secondary education who, without good 
 16.16  cause, fails to participate shall be subject to the provisions 
 16.17  of subdivision 4a and the sanction provisions of subdivision 4, 
 16.18  clause (6).  For purposes of this clause, "good cause" means the 
 16.19  inability to obtain licensed or legal nonlicensed child care 
 16.20  services needed to enable the caretaker to attend, inability to 
 16.21  obtain transportation needed to attend, illness or incapacity of 
 16.22  the caretaker or another member of the household which requires 
 16.23  the caretaker to be present in the home, or being employed for 
 16.24  more than 30 hours per week. 
 16.25     (b) Funds available under this subdivision may not be used 
 16.26  to assist, promote, or deter union organizing. 
 16.27     (c) A county board may provide other employment and 
 16.28  training services that it considers necessary to help caretakers 
 16.29  obtain self-sufficiency. 
 16.30     (d) Notwithstanding section 256G.07, when a target 
 16.31  caretaker relocates to another county to implement the 
 16.32  provisions of the caretaker's case management contract or other 
 16.33  written employability development plan approved by the county 
 16.34  human service agency, its case manager or employment and 
 16.35  training service provider, the county that approved the plan is 
 16.36  responsible for the costs of case management and other services 
 17.1   required to carry out the plan, including employment and 
 17.2   training services.  The county agency's responsibility for the 
 17.3   costs ends when all plan obligations have been met, when the 
 17.4   caretaker loses AFDC eligibility for at least 30 days, or when 
 17.5   approval of the plan is withdrawn for a reason stated in the 
 17.6   plan, whichever occurs first.  Responsibility for the costs of 
 17.7   child care must be determined under chapter 256H.  A county 
 17.8   human service agency may pay for the costs of case management, 
 17.9   child care, and other services required in an approved 
 17.10  employability development plan when the nontarget caretaker 
 17.11  relocates to another county or when a target caretaker again 
 17.12  becomes eligible for AFDC after having been ineligible for at 
 17.13  least 30 days. 
 17.14     Sec. 12.  Minnesota Statutes 1994, section 256.736, 
 17.15  subdivision 10a, is amended to read: 
 17.16     Subd. 10a.  [ORIENTATION.] (a) Each county agency must 
 17.17  provide an orientation to all caretakers within its jurisdiction 
 17.18  in the time limits described in this paragraph:  
 17.19     (1) within 60 days of being determined eligible for AFDC 
 17.20  for caretakers with a continued absence or incapacitated parent 
 17.21  basis of eligibility; or 
 17.22     (2) within 30 days of being determined eligible for AFDC 
 17.23  for caretakers with an unemployed parent basis of eligibility. 
 17.24     (b) Caretakers are required to attend an in-person 
 17.25  orientation if the caretaker is a member of one of the groups 
 17.26  listed in subdivision 3a, paragraph (a), unless the caretaker is 
 17.27  exempt from registration under subdivision 3 and the caretaker's 
 17.28  exemption basis will not expire within 60 days of being 
 17.29  determined eligible for AFDC, or the caretaker is enrolled at 
 17.30  least half time in any recognized school, training program, or 
 17.31  institution of higher learning and the in-person orientation 
 17.32  cannot be scheduled at a time that does not interfere with the 
 17.33  caretaker's school or training schedule.  The county agency 
 17.34  shall require attendance at orientation of caretakers described 
 17.35  in subdivision 3a, paragraph (b) or (c), if the commissioner 
 17.36  determines that the groups are eligible for participation in 
 18.1   employment and training services. 
 18.2      (c) The orientation must consist of a presentation that 
 18.3   informs caretakers of: 
 18.4      (1) the identity, location, and phone numbers of employment 
 18.5   and training and support services available in the county; 
 18.6      (2) the types and locations of child care services 
 18.7   available through the county agency that are accessible to 
 18.8   enable a caretaker to participate in educational programs or 
 18.9   employment and training services; 
 18.10     (3) the child care resource and referral program designated 
 18.11  by the commissioner providing education and assistance to select 
 18.12  child care services and a referral to the child care resource 
 18.13  and referral when assistance is requested; 
 18.14     (4) the obligations of the county agency and service 
 18.15  providers under contract to the county agency; 
 18.16     (5) the rights, responsibilities, and obligations of 
 18.17  participants; 
 18.18     (6) the grounds for exemption from mandatory employment and 
 18.19  training services or educational requirements; 
 18.20     (7) the consequences for failure to participate in 
 18.21  mandatory services or requirements; 
 18.22     (8) the method of entering educational programs or 
 18.23  employment and training services available through the county; 
 18.24     (9) the availability and the benefits of the early and 
 18.25  periodic, screening, diagnosis and treatment (EPSDT) program and 
 18.26  preschool screening under chapter 123; 
 18.27     (10) their eligibility for transition year child care 
 18.28  assistance when they lose eligibility for AFDC due to their 
 18.29  earnings; 
 18.30     (11) their eligibility for extended medical assistance when 
 18.31  they lose eligibility for AFDC due to their earnings; and 
 18.32     (12) the availability and benefits of the Head Start 
 18.33  program. 
 18.34     (d) All orientation programs should provide information to 
 18.35  caretakers on parenting, nutrition, household management, food 
 18.36  preparation, and other subjects relevant to promoting family 
 19.1   integration and self-sufficiency and provide detailed 
 19.2   information on community resources available for training 
 19.3   sessions on these topics. 
 19.4      (e) Orientation must encourage recipients to view AFDC as a 
 19.5   temporary program providing grants and services to individuals 
 19.6   who set goals and develop strategies for supporting their 
 19.7   families without AFDC assistance.  The content of the 
 19.8   orientation must not imply that a recipient's eligibility for 
 19.9   AFDC is time limited.  Orientation may be provided through 
 19.10  audio-visual methods, but the caretaker must be given an 
 19.11  opportunity for face-to-face interaction with staff of the 
 19.12  county agency or the entity providing the orientation, and an 
 19.13  opportunity to express the desire to participate in educational 
 19.14  programs and employment and training services offered through 
 19.15  the county agency. 
 19.16     (e) (f) County agencies shall not require caretakers to 
 19.17  attend orientation for more than three hours during any period 
 19.18  of 12 continuous months.  The county agency shall also arrange 
 19.19  for or provide needed transportation and child care to enable 
 19.20  caretakers to attend. 
 19.21     The county or, under contract, the county's employment and 
 19.22  training service provider shall mail written orientation 
 19.23  materials containing the information specified in paragraph (c), 
 19.24  clauses (1) to (3) and (8) to (12), to each caretaker exempt 
 19.25  from attending an in-person orientation or who has good cause 
 19.26  for failure to attend after at least two dates for their 
 19.27  orientation have been scheduled.  The county or the county's 
 19.28  employment and training service provider shall follow up with a 
 19.29  phone call or in writing within two weeks after mailing the 
 19.30  material. 
 19.31     (f) (g) Persons required to attend orientation must be 
 19.32  informed of the penalties for failure to attend orientation, 
 19.33  support services to enable the person to attend, what 
 19.34  constitutes good cause for failure to attend, and rights to 
 19.35  appeal.  Persons required to attend orientation must be offered 
 19.36  a choice of at least two dates for their first scheduled 
 20.1   orientation.  No person may be sanctioned for failure to attend 
 20.2   orientation until after a second failure to attend. 
 20.3      (g) (h) Good cause for failure to attend an in-person 
 20.4   orientation exists when a caretaker cannot attend because of:  
 20.5      (1) temporary illness or injury of the caretaker or of a 
 20.6   member of the caretaker's family that prevents the caretaker 
 20.7   from attending an orientation during the hours when the 
 20.8   orientation is offered; 
 20.9      (2) a judicial proceeding that requires the caretaker's 
 20.10  presence in court during the hours when orientation is 
 20.11  scheduled; or 
 20.12     (3) a nonmedical emergency that prevents the caretaker from 
 20.13  attending an orientation during the hours when orientation is 
 20.14  offered.  "Emergency" for the purposes of this paragraph means a 
 20.15  sudden, unexpected occurrence or situation of a serious or 
 20.16  urgent nature that requires immediate action.  
 20.17     (h) (i) Caretakers must receive a second orientation only 
 20.18  when: 
 20.19     (1) there has been a 30-day break in AFDC eligibility; and 
 20.20     (2) the caretaker has not attended an orientation within 
 20.21  the previous 12-month period, excluding the month of 
 20.22  reapplication for AFDC. 
 20.23     Sec. 13.  Minnesota Statutes 1994, section 256.736, 
 20.24  subdivision 14, is amended to read: 
 20.25     Subd. 14.  [JOB SEARCH.] (a) Each county agency must 
 20.26  establish and operate a job search program as provided under 
 20.27  this section.  Unless all caretakers in the household are 
 20.28  exempt, the principal wage earner in an AFDC-UP assistance unit 
 20.29  must one nonexempt caretaker in each AFDC-UP household must be 
 20.30  referred to and begin participation in the job search program 
 20.31  within 30 days of being determined eligible for AFDC.  If 
 20.32  the principal wage earner is exempt from participation in job 
 20.33  search, the other caretaker must be referred to and begin 
 20.34  participation in the job search program within 30 days of being 
 20.35  determined eligible for AFDC.  The principal wage earner or the 
 20.36  other assistance unit contains more than one nonexempt 
 21.1   caretaker, the caretakers may determine which caretaker shall 
 21.2   participate.  The designation may be changed only once annually 
 21.3   at the annual redetermination of eligibility.  If no designation 
 21.4   is made or if the caretakers cannot agree, the county agency 
 21.5   shall designate the caretaker having earned the greater of the 
 21.6   incomes, including in-kind income, during the 24-month period 
 21.7   immediately preceding the month of application for AFDC benefits 
 21.8   as the caretaker that must participate.  When no designation is 
 21.9   made or the caretakers cannot agree and neither caretaker had 
 21.10  earnings or the earnings were identical for each caretaker, then 
 21.11  the county agency shall designate the caretaker who must 
 21.12  participate.  A caretaker is exempt from job search 
 21.13  participation if: 
 21.14     (1) the caretaker is exempt from registration under 
 21.15  subdivision 3; or 
 21.16     (2) the caretaker is under age 25, has not completed a high 
 21.17  school diploma or an equivalent program, and is participating in 
 21.18  a secondary education program as defined in subdivision 10, 
 21.19  paragraph (a), clause (17), which is approved by the employment 
 21.20  and training service provider in the employability development 
 21.21  plan. 
 21.22     (b) The job search program must provide four consecutive 
 21.23  weeks of job search activities for no less than 20 hours per 
 21.24  week but not more than 32 hours per week.  The employment and 
 21.25  training service provider shall specify for each participating 
 21.26  caretaker the number of weeks and hours of job search to be 
 21.27  conducted and shall report to the county agency if the caretaker 
 21.28  fails to cooperate with the job search requirement.  A person 
 21.29  for whom lack of proficiency in English, as determined by an 
 21.30  appropriate evaluation, is a barrier to employment, can choose 
 21.31  to attend an available intensive, functional work literacy 
 21.32  program for a minimum of 20 hours in place of the 20 hours of 
 21.33  job search activities.  The caretaker's employability 
 21.34  development plan must include the length of time needed in the 
 21.35  program, specific outcomes, attendance requirements, completion 
 21.36  dates, and employment goals as they pertain to the intensive 
 22.1   literacy program. 
 22.2      (c) The job search program may provide services to 
 22.3   non-AFDC-UP caretakers. 
 22.4      (d) After completion of job search requirements in this 
 22.5   section, nonexempt caretakers shall be placed in and must 
 22.6   participate in and cooperate with the work experience program 
 22.7   under section 256.737, the on-the-job training program under 
 22.8   section 256.738, or the grant diversion program under section 
 22.9   256.739.  Caretakers must be offered placement in a grant 
 22.10  diversion or on-the-job training program, if either such 
 22.11  employment is available, before being required to participate in 
 22.12  a community work experience program under section 256.737.  When 
 22.13  a nonexempt caretaker fails to cooperate with the job search 
 22.14  program, the work experience program, the on-the-job training 
 22.15  program, or the community work experience program and is subject 
 22.16  to the sanction provisions of subdivision 4, the second 
 22.17  caretaker in the assistance unit, unless exempt, must also be 
 22.18  removed from the grant unless that second caretaker has been 
 22.19  referred to and has started participating in the job search 
 22.20  program and subsequently in the work experience program, the 
 22.21  on-the-job training program, or the community work experience 
 22.22  program prior to the date the sanction begins for the first 
 22.23  caretaker.  The second caretaker is ineligible for AFDC until 
 22.24  the first caretaker's sanction ends or the second caretaker 
 22.25  cooperates with the requirements. 
 22.26     Sec. 14.  Minnesota Statutes 1994, section 256.736, 
 22.27  subdivision 16, is amended to read: 
 22.28     Subd. 16.  [ALLOCATION AND USE OF MONEY.] (a) State money 
 22.29  appropriated for employment and training services under this 
 22.30  section must be allocated to counties as specified in paragraphs 
 22.31  (b) to (j) (l). 
 22.32     (b) For purposes of this subdivision, "targeted caretaker" 
 22.33  means a recipient who: 
 22.34     (1) is a custodial parent under the age of 24 who:  (i) has 
 22.35  not completed a high school education and at the time of 
 22.36  application for AFDC is not enrolled in high school or in a high 
 23.1   school equivalency program; or (ii) had little or no work 
 23.2   experience in the preceding year; 
 23.3      (2) is a member of a family in which the youngest child is 
 23.4   within two years of being ineligible for AFDC due to age; or 
 23.5      (3) has received 36 months or more of AFDC over the last 60 
 23.6   months. 
 23.7      (c) One hundred percent of the money appropriated for case 
 23.8   management services as described in subdivision 11 must be 
 23.9   allocated to counties based on the average number of cases in 
 23.10  each county described in clause (1).  Money appropriated for 
 23.11  employment and training services as described in subdivision 1a, 
 23.12  paragraph (d), other than case management services, must be 
 23.13  allocated to counties as follows: 
 23.14     (1) Forty percent of the state money must be allocated 
 23.15  based on the average number of cases receiving AFDC in the 
 23.16  county which either have been open for 36 or more consecutive 
 23.17  months or have a caretaker who is under age 24 and who has no 
 23.18  high school or general equivalency diploma.  The average number 
 23.19  of cases must be based on counts of these cases as of March 31, 
 23.20  June 30, September 30, and December 31 of the previous year. 
 23.21     (2) Twenty percent of the state money must be allocated 
 23.22  based on the average number of cases receiving AFDC in the 
 23.23  county which are not counted under clause (1).  The average 
 23.24  number of cases must be based on counts of cases as of March 31, 
 23.25  June 30, September 30, and December 31 of the previous year.  
 23.26     (3) Twenty-five percent of the state money must be 
 23.27  allocated based on the average monthly number of assistance 
 23.28  units in the county receiving AFDC-UP for the period ending 
 23.29  December 31 of the previous year. 
 23.30     (4) Fifteen percent of the state money must be allocated at 
 23.31  the discretion of the commissioner based on participation levels 
 23.32  for target group members in each county. 
 23.33     (d) No more than 15 percent of the money allocated under 
 23.34  paragraph (b) and no more than 15 percent of the money allocated 
 23.35  under paragraph (c) may be used for administrative activities. 
 23.36     (e) At least 55 percent of the money allocated to counties 
 24.1   under paragraph (c) must be used for employment and training 
 24.2   services for caretakers in the target groups, and up to 45 
 24.3   percent of the money may be used for employment and training 
 24.4   services for nontarget caretakers.  One hundred percent of the 
 24.5   money allocated to counties for case management services must be 
 24.6   used to provide those services to caretakers in the target 
 24.7   groups. 
 24.8      (f) Money appropriated to cover the nonfederal share of 
 24.9   costs for bilingual case management services to refugees for the 
 24.10  employment and training programs under this section are 
 24.11  allocated to counties based on each county's proportion of the 
 24.12  total statewide number of AFDC refugee cases.  However, counties 
 24.13  with less than one percent of the statewide number of AFDC 
 24.14  refugee cases do not receive an allocation.  
 24.15     (g) Counties, the department of economic security, and 
 24.16  entities under contract with either the department of economic 
 24.17  security or the department of human services for provision of 
 24.18  Project STRIDE related services shall bill the commissioner of 
 24.19  human services for any expenditures incurred by the county, the 
 24.20  county's employment and training service provider, or the 
 24.21  department of economic security that may be reimbursed by 
 24.22  federal money.  The commissioner of human services shall bill 
 24.23  the United States Department of Health and Human Services and 
 24.24  the United States Department of Agriculture for the 
 24.25  reimbursement and appropriate the reimbursed money to the 
 24.26  county, the department of economic security, or employment and 
 24.27  training service provider that submitted the original bill.  The 
 24.28  reimbursed money must be used to expand employment and training 
 24.29  services. 
 24.30     (h) The commissioner of human services shall review county 
 24.31  expenditures of case management and employment and training 
 24.32  block grant money at the end of the third quarter of the 
 24.33  biennium and each quarter after that, and may reallocate 
 24.34  unencumbered or unexpended money allocated under this section to 
 24.35  those counties that can demonstrate a need for additional 
 24.36  money.  Reallocation of funds must be based on the formula set 
 25.1   forth in paragraph (a), excluding the counties that have not 
 25.2   demonstrated a need for additional funds. 
 25.3      (i) The county agency may continue to provide case 
 25.4   management and supportive services to a participant for up to 90 
 25.5   days after the participant loses AFDC eligibility and may 
 25.6   continue providing a specific employment and training service 
 25.7   for the duration of that service to a participant if funds for 
 25.8   the service are obligated or expended prior to the participant 
 25.9   losing AFDC eligibility. 
 25.10     (j) One hundred percent of the money appropriated for an 
 25.11  unemployed parent work experience program under section 256.737 
 25.12  must be allocated to counties based on the average monthly 
 25.13  number of assistance units in the county receiving AFDC-UP for 
 25.14  the period ending December 31 of the previous year. 
 25.15     (k) The commissioner may waive the requirement of paragraph 
 25.16  (e) that case management funds be spent only on case management 
 25.17  services in order to permit the development of a unified STRIDE 
 25.18  funding allocation for each county agency.  The unified 
 25.19  allocation may be expended by the county agency for case 
 25.20  management and employment and training activities in the 
 25.21  proportion determined necessary to streamline administrative 
 25.22  procedures and enhance program performance.  The commissioner, 
 25.23  in consultation with the commissioner of economic security, may 
 25.24  also grant a waiver from program spending limits in paragraphs 
 25.25  (d) and (e) to any county which can demonstrate increased 
 25.26  program effectiveness through a written request to the 
 25.27  department.  Counties which request a waiver of the spending 
 25.28  limits in paragraphs (d) and (e) shall amend their local service 
 25.29  unit plans and receive approval of the plans prior to commencing 
 25.30  the waiver.  The commissioners of human services and economic 
 25.31  security shall annually evaluate the effectiveness of all 
 25.32  waivers approved under this subdivision. 
 25.33     (l) Effective July 1, 1995, the commissioner of human 
 25.34  services shall begin developing a performance model for the 
 25.35  purpose of analyzing each county's performance in the provision 
 25.36  of STRIDE employment and training services.  Beginning February 
 26.1   1, 1997, and each year thereafter, the commissioner of human 
 26.2   services shall inform each county of the county's performance 
 26.3   based upon the following measures: 
 26.4      (1) employment rate at termination of STRIDE eligibility; 
 26.5      (2) wage rate at termination of STRIDE eligibility; 
 26.6      (3) average annual cost per placement calculated by 
 26.7   dividing the total STRIDE expenditures by the number of 
 26.8   participants placed in unsubsidized employment; 
 26.9      (4) AFDC-UP participation rate; 
 26.10     (5) percentage of 18- and 19-year-old custodial parents 
 26.11  subject to secondary education requirements of subdivision 3b 
 26.12  who complete secondary education or equivalent course of study; 
 26.13  and 
 26.14     (6) achievement of federally mandated JOBS participation 
 26.15  rate. 
 26.16     Performance measures (1), (2), and (3) shall be adjusted to 
 26.17  reflect local conditions. 
 26.18     County agencies must take the results of these performance 
 26.19  measures into consideration when selecting employment and 
 26.20  training service providers. 
 26.21     Sec. 15.  Minnesota Statutes 1994, section 256.736, is 
 26.22  amended by adding a subdivision to read: 
 26.23     Subd. 20.  [SPECIAL PROVISIONS FOR PERSONS PARTICIPATING IN 
 26.24  EDUCATIONAL PROGRAMS.] The provisions of this subdivision are 
 26.25  applicable to all project STRIDE participants, including those 
 26.26  subject to subdivision 3b and section 256.737. 
 26.27     (a) For recipients eligible to participate under 
 26.28  subdivision 3b who are enrolled in a high school equivalency 
 26.29  program on a full-time basis, there is no work requirement.  
 26.30  Individuals who are enrolled part time in a high school 
 26.31  equivalency program must take classroom instruction for at least 
 26.32  six hours per week, meet the attendance and satisfactory 
 26.33  progress requirements as defined by the employment and training 
 26.34  service provider in consultation with the provider of the high 
 26.35  school equivalency program, and concurrently work a monthly 
 26.36  average of not less than 64 hours in employment paying at least 
 27.1   minimum wage or in documented volunteer work.  Hours spent 
 27.2   assisting at a licensed day care center shall count toward the 
 27.3   weekly hours needed to fulfill the employment or volunteer 
 27.4   requirement.  "Volunteer work" shall include attendance at 
 27.5   parenting skill classes.  Failure to comply, without good cause, 
 27.6   with this requirement shall result in the imposition of 
 27.7   sanctions as specified in subdivision 4, clause (6). 
 27.8      (b) Concurrent with participation in post-secondary 
 27.9   education or training approved in an employability development 
 27.10  plan under subdivision 10, paragraph (a), clause (15), the 
 27.11  participant must work at a minimum the number of hours per month 
 27.12  prescribed by this subdivision in employment paying at least 
 27.13  minimum wage or in documented volunteer work for a public or 
 27.14  nonprofit agency and agree to search for and accept any offer of 
 27.15  suitable employment upon completion of the education or 
 27.16  training.  For individuals who are participating in an 
 27.17  educational program under this paragraph on a full-time basis as 
 27.18  determined by the institution, there is no work requirement.  
 27.19  For individuals participating in an educational program on a 
 27.20  part-time basis as determined by the institution, the number of 
 27.21  hours that a participant must work shall be increased or 
 27.22  decreased in inverse proportion to the number of credit hours 
 27.23  being taken, with a maximum of eight hours weekly of work.  
 27.24  Hours spent assisting at a licensed day care center shall count 
 27.25  towards the weekly hours needed to fulfill the employment or 
 27.26  volunteer requirement.  "Volunteer work" shall include 
 27.27  attendance at parenting skill classes. 
 27.28     Sec. 16.  Minnesota Statutes 1994, section 256.737, 
 27.29  subdivision 1a, is amended to read: 
 27.30     Subd. 1a.  [COMMISSIONER'S DUTIES.] The commissioner shall: 
 27.31  (a) assist counties in the design and implementation of these 
 27.32  programs; (b) promulgate, in accordance with chapter 14, 
 27.33  emergency rules necessary for the implementation of this 
 27.34  section, except that the time restrictions of section 14.35 
 27.35  shall not apply and the rules may be in effect until June 30, 
 27.36  1993, unless superseded by permanent rules; (c) seek any federal 
 28.1   waivers necessary for proper implementation of this section in 
 28.2   accordance with federal law; (d) ensure that participants at 
 28.3   CWEP worksites are assigned to work, and require revision of the 
 28.4   CWEP work plan in cases where work is not available at the site; 
 28.5   (e) shall design and implement an intensive, functional work 
 28.6   literacy program that addresses the barriers to employment for 
 28.7   nonexempt caretakers in AFDC-UP households who lack proficiency 
 28.8   in English.  The commissioner is encouraged to work with adult 
 28.9   basic education providers to provide functional work literacy 
 28.10  services, where available.  The intensive, functional work 
 28.11  literacy program must be designed to assist nonexempt caretakers 
 28.12  in AFDC-UP households achieve self-sufficiency by enhancing 
 28.13  their employability through concurrent participation in 
 28.14  meaningful work experience, job search skills, and functional 
 28.15  work literacy; and (d) (f) prohibit the use of participants in 
 28.16  the programs to do work that was part or all of the duties or 
 28.17  responsibilities of an authorized public employee bargaining 
 28.18  unit position established as of January 1, 1993.  The exclusive 
 28.19  bargaining representative shall be notified no less than 14 days 
 28.20  in advance of any placement by the community work experience 
 28.21  program.  Written or oral concurrence with respect to job duties 
 28.22  of persons placed under the community work experience program 
 28.23  shall be obtained from the appropriate exclusive bargaining 
 28.24  representative within seven days.  The appropriate oversight 
 28.25  committee shall be given monthly lists of all job placements 
 28.26  under a community work experience program. 
 28.27     Sec. 17.  Minnesota Statutes 1994, section 256.737, 
 28.28  subdivision 2, is amended to read: 
 28.29     Subd. 2.  [PROGRAM REQUIREMENTS.] (a) Worksites developed 
 28.30  under this section are limited to projects that serve a useful 
 28.31  public service such as:  health, social service, environmental 
 28.32  protection, education, urban and rural development and 
 28.33  redevelopment, welfare, recreation, public facilities, public 
 28.34  safety, community service, services to aged or disabled 
 28.35  citizens, and child care.  To the extent possible, the prior 
 28.36  training, skills, and experience of a recipient must be used in 
 29.1   making appropriate work experience assignments.  
 29.2      (b) As a condition to placing a person receiving aid to 
 29.3   families with dependent children in a program under this 
 29.4   subdivision, the county agency shall first provide the recipient 
 29.5   the opportunity:  
 29.6      (1) for placement in suitable subsidized or unsubsidized 
 29.7   employment through participation in job search under section 
 29.8   256.736, subdivision 14; or 
 29.9      (2) for placement in suitable employment through 
 29.10  participation in on-the-job training under section 256.738 or 
 29.11  grant diversion under section 256.739, if such employment is 
 29.12  available.  
 29.13     (c) A caretaker referred to job search under section 
 29.14  256.736, subdivision 14, and who has failed to secure suitable 
 29.15  employment must participate in a community work experience 
 29.16  program. 
 29.17     (d) The county agency shall limit the maximum number of 
 29.18  hours any participant under this section may work in any month 
 29.19  to:  
 29.20     (1) for counties operating an approved mandatory community 
 29.21  work experience program as of January 1, 1993, who elect this 
 29.22  method for countywide operations, a number equal to the amount 
 29.23  of the aid to families with dependent children payable to the 
 29.24  family divided by the greater of the federal minimum wage or the 
 29.25  applicable state minimum wage; or 
 29.26     (2) for all other counties, a caretaker must participate in 
 29.27  any week 20 hours with no less than 16 hours spent participating 
 29.28  in a work experience placement and no more than four of the 
 29.29  hours spent in alternate activities as described in the 
 29.30  caretaker's employability development plan.  A person for whom 
 29.31  lack of proficiency in English, as determined by an appropriate 
 29.32  evaluation, is a barrier to employment, can choose to attend an 
 29.33  available intensive, functional work literacy program and the 
 29.34  hours will be applied to the four hours of alternate 
 29.35  activities.  The caretaker's employability development plan must 
 29.36  include the length of time needed in the program, specific 
 30.1   outcomes, completion dates, and employment goals as they pertain 
 30.2   to the intensive language program.  Placement in a work 
 30.3   experience worksite must be based on the assessment required 
 30.4   under section 256.736 and the caretaker's employability 
 30.5   development plan.  Caretakers participating under this clause 
 30.6   may be allowed excused absences from the assigned job site of up 
 30.7   to eight hours per month.  For the purposes of this clause, 
 30.8   "excused absence" means absence due to temporary illness or 
 30.9   injury of the caretaker or a member of the caretaker's family, 
 30.10  the unavailability of licensed child care or transportation 
 30.11  needed to participate in the work experience placement, a job 
 30.12  interview, or a nonmedical emergency.  For purposes of this 
 30.13  clause, "emergency" has the meaning given it in section 256.736, 
 30.14  subdivision 10a, paragraph (g).  
 30.15     (e) After a participant has been assigned to a position 
 30.16  under paragraph (d), clause (1), for nine months, the 
 30.17  participant may not continue in that assignment unless the 
 30.18  maximum number of hours a participant works is no greater than 
 30.19  the amount of the aid to families with dependent children 
 30.20  payable with respect to the family divided by the higher of (1) 
 30.21  the federal minimum wage or the applicable state minimum wage, 
 30.22  whichever is greater, or (2) the rate of pay for individuals 
 30.23  employed in the same or similar occupations by the same employer 
 30.24  at the same site. 
 30.25     (f) After each six months of a recipient's participation in 
 30.26  an assignment, and at the conclusion of each assignment under 
 30.27  this section, the county agency shall reassess and revise, as 
 30.28  appropriate, each participant's employability development plan. 
 30.29     (g) Structured, supervised volunteer work with an agency or 
 30.30  organization which is monitored by the county service provider 
 30.31  may, with the approval of the commissioner of economic security, 
 30.32  be used as a work experience placement. 
 30.33     (h) If there is no work available at the site to which a 
 30.34  CWEP participant is assigned, then the CWEP work plan shall be 
 30.35  revised so that participants may work at alternative sites. 
 30.36     Sec. 18.  Minnesota Statutes 1994, section 256.737, is 
 31.1   amended by adding a subdivision to read: 
 31.2      Subd. 7.  [INJURY PROTECTION FOR WORK EXPERIENCE 
 31.3   PARTICIPANTS.] (a) Payment of any claims resulting from an 
 31.4   alleged injury or death of a recipient participating in a 
 31.5   community work experience program established and operated by a 
 31.6   county pursuant to this section shall be determined in 
 31.7   accordance with this section.  This determination method applies 
 31.8   to work experience programs established under aid to families 
 31.9   with dependent children, work readiness, Minnesota parent's fair 
 31.10  share, and to obligors participating in community services 
 31.11  pursuant to section 518.551, subdivision 5a, in a county with an 
 31.12  approved community investment program. 
 31.13     (b) Claims that are subject to this section shall be 
 31.14  investigated by the county agency responsible for supervising 
 31.15  the work to determine whether the claimed injury occurred, 
 31.16  whether the claimed medical expenses are reasonable, and whether 
 31.17  the loss is covered by the claimant's insurance.  If insurance 
 31.18  coverage is established, the county agency shall submit the 
 31.19  claim to the appropriate insurance entity for payment.  The 
 31.20  investigating county agency shall submit all valid claims, in 
 31.21  the amount net of any insurance payments, to the department of 
 31.22  human services.  
 31.23     (c) The department of human services shall submit all 
 31.24  claims for impairment compensation to the commissioner of labor 
 31.25  and industry.  The commissioner of labor and industry shall 
 31.26  review all submitted claims and recommend to the department of 
 31.27  human services an amount of compensation comparable to that 
 31.28  which would be provided under the impairment compensation 
 31.29  schedule of section 176.101, subdivision 3b. 
 31.30     (d) The department of human services shall approve a claim 
 31.31  of $1,000 or less for payment if appropriated funds are 
 31.32  available, if the county agency responsible for supervising the 
 31.33  work has made the determinations required by this section, and 
 31.34  if the work program was operated in compliance with the safety 
 31.35  provisions of this section.  The department shall pay the 
 31.36  portion of an approved claim of $1,000 or less that is not 
 32.1   covered by the claimant's insurance within three months of the 
 32.2   date of submission.  On or before February 1 of each legislative 
 32.3   session, the department shall submit to the appropriate 
 32.4   committees of the senate and the house of representatives a list 
 32.5   of claims of $1,000 or less paid during the preceding calendar 
 32.6   year and shall be reimbursed by legislative appropriation for 
 32.7   any claims that exceed the original appropriation provided to 
 32.8   the department to operate this program.  Any unspent money from 
 32.9   this appropriation shall carry over to the second year of the 
 32.10  biennium, and any unspent money remaining at the end of the 
 32.11  second year shall be returned to the state general fund. 
 32.12     On or before February 1 of each year, the department shall 
 32.13  submit to the appropriate committees of the senate and the house 
 32.14  of representatives a list of claims in excess of $1,000 and a 
 32.15  list of claims of $1,000 or less that were submitted to but not 
 32.16  paid by the department of human services, together with any 
 32.17  recommendations of appropriate compensation.  These claims shall 
 32.18  be heard and determined by the appropriate committees of the 
 32.19  senate and house of representatives and, if approved, shall be 
 32.20  paid under the legislative claims procedure. 
 32.21     (e) Compensation paid under this section is limited to 
 32.22  reimbursement for reasonable medical expenses and impairment 
 32.23  compensation for disability in like amounts as allowed in 
 32.24  section 176.101, subdivision 3b.  Compensation for injuries 
 32.25  resulting in death shall include reasonable medical expenses and 
 32.26  burial expenses in addition to payment to the participant's 
 32.27  estate in an amount up to $200,000.  No compensation shall be 
 32.28  paid under this section for pain and suffering, lost wages, or 
 32.29  other benefits provided in chapter 176.  Payments made under 
 32.30  this section shall be reduced by any proceeds received by the 
 32.31  claimant from any insurance policy covering the loss.  For the 
 32.32  purposes of this section, "insurance policy" does not include 
 32.33  the medical assistance program authorized under chapter 256B or 
 32.34  the general assistance medical care program authorized under 
 32.35  chapter 256D. 
 32.36     (f) The procedure established by this section is exclusive 
 33.1   of all other legal, equitable, and statutory remedies against 
 33.2   the state, its political subdivisions, or employees of the state 
 33.3   or its political subdivisions.  The claimant shall not be 
 33.4   entitled to seek damages from any state or county insurance 
 33.5   policy or self-insurance program. 
 33.6      (g) A claim is not valid for purposes of this subdivision 
 33.7   if the local agency responsible for supervising the work cannot 
 33.8   verify to the department of human services: 
 33.9      (1) that appropriate safety training and information is 
 33.10  provided to all persons being supervised by the agency under 
 33.11  this subdivision; and 
 33.12     (2) that all programs involving work by those persons 
 33.13  comply with federal Occupational Safety and Health 
 33.14  Administration and state department of labor and industry safety 
 33.15  standards.  A claim that is not valid because of failure to 
 33.16  verify safety training or compliance with safety standards will 
 33.17  not be paid by the department of human services or through the 
 33.18  legislative claims process and must be heard, decided, and paid, 
 33.19  if appropriate, by the local government unit responsible for 
 33.20  supervising the work of the claimant. 
 33.21     (g) This program is effective July 1, 1995.  Claims may be 
 33.22  submitted on or after November 1, 1995. 
 33.23     Sec. 19.  Minnesota Statutes 1994, section 256.74, is 
 33.24  amended by adding a subdivision to read: 
 33.25     Subd. 6.  [STATE SUPPLEMENTARY PAYMENTS.] The commissioner 
 33.26  of human services shall report back on a plan for providing 
 33.27  supplemental payments for recipients of AFDC whose income is 
 33.28  reduced or terminated as a result of a reduction in the rate of 
 33.29  pay, reduction in numbers of hours worked, or reduction in court 
 33.30  ordered or agreed upon support, but whose assistance under the 
 33.31  AFDC program is not adjusted accordingly because of the 
 33.32  operation of retrospective budgeting procedures.  The amount of 
 33.33  assistance must be sufficient to ensure that the assistance 
 33.34  unit's income equals, but does not exceed, the standard of 
 33.35  assistance in the AFDC program for an assistance unit of like 
 33.36  size and composition.  A recipient shall not be eligible for 
 34.1   supplementary assistance if the recipient voluntarily, and 
 34.2   without good cause attributable to the employer, discontinued 
 34.3   employment with the employer or was discharged for misconduct 
 34.4   connected with work or for misconduct which interferes with or 
 34.5   adversely affects employment.  The commissioner's report shall 
 34.6   provide information on the projected number of families likely 
 34.7   to be eligible for supplementary payments during the 1997-1999 
 34.8   biennium; and on the costs, including administrative costs, of 
 34.9   making those payments to eligible recipients.  The report shall 
 34.10  be presented to the legislature by February 15, 1996. 
 34.11     Sec. 20.  Minnesota Statutes 1994, section 256.81, is 
 34.12  amended to read: 
 34.13     256.81 [COUNTY AGENCY, DUTIES.] 
 34.14     (1) The county agency shall keep such records, accounts, 
 34.15  and statistics in relation to aid to families with dependent 
 34.16  children as the state agency shall prescribe.  
 34.17     (2) Each grant of aid to families with dependent children 
 34.18  shall be paid to the recipient by the county agency unless paid 
 34.19  by the state agency.  Payment must be by check or electronic 
 34.20  means except in those instances in which the county agency, 
 34.21  subject to the rules of the state agency, determines that 
 34.22  payments for care shall be made to an individual other than the 
 34.23  parent or relative with whom the dependent child is living or to 
 34.24  vendors of goods and services for the benefit of the child 
 34.25  because such parent or relative is unable to properly manage the 
 34.26  funds in the best interests and welfare of the child.  There is 
 34.27  a presumption of mismanagement of funds whenever a recipient is 
 34.28  more than 30 days in arrears on payment of rent, except when the 
 34.29  recipient has withheld rent to enforce the recipient's right to 
 34.30  withhold the rent in accordance with federal, state, or local 
 34.31  housing laws.  In cases of mismanagement based solely on failure 
 34.32  to pay rent, the county may vendor the rent payments to the 
 34.33  landlord.  At the request of a recipient, the state or county 
 34.34  may make payments directly to vendors of goods and services, but 
 34.35  only for goods and services appropriate to maintain the health 
 34.36  and safety of the child, as determined by the county.  
 35.1      (3) The state or county may ask the recipient to give 
 35.2   written consent authorizing the state or county to provide 
 35.3   advance notice to a vendor before vendor payments of rent are 
 35.4   reduced or terminated.  Whenever possible under state and 
 35.5   federal laws and regulations and if the recipient consents, the 
 35.6   state or county shall provide at least 30 days notice to vendors 
 35.7   before vendor payments of rent are reduced or terminated.  If 30 
 35.8   days notice cannot be given, the state or county shall notify 
 35.9   the vendor within three working days after the date the state or 
 35.10  county becomes aware that vendor payments of rent will be 
 35.11  reduced or terminated.  When the county notifies a vendor that 
 35.12  vendor payments of rent will be reduced or terminated, the 
 35.13  county shall include in the notice that it is illegal to 
 35.14  discriminate on the grounds that a person is receiving public 
 35.15  assistance and the penalties for violation.  The county shall 
 35.16  also notify the recipient that it is illegal to discriminate on 
 35.17  the grounds that a person is receiving public assistance and the 
 35.18  procedures for filing a complaint.  The county agency may 
 35.19  develop procedures, including using the MAXIS system, to 
 35.20  implement vendor notice and may charge vendors a fee not 
 35.21  exceeding $5 to cover notification costs. 
 35.22     (4) A vendor payment arrangement is not a guarantee that a 
 35.23  vendor will be paid by the state or county for rent, goods, or 
 35.24  services furnished to a recipient, and the state and county are 
 35.25  not liable for any damages claimed by a vendor due to failure of 
 35.26  the state or county to pay or to notify the vendor on behalf of 
 35.27  a recipient, except under a specific written agreement between 
 35.28  the state or county and the vendor or when the state or county 
 35.29  has provided a voucher guaranteeing payment under certain 
 35.30  conditions.  
 35.31     (5) The county shall be paid from state and federal funds 
 35.32  available therefor the amount provided for in section 256.82.  
 35.33     (6) Federal funds available for administrative purposes 
 35.34  shall be distributed between the state and the counties in the 
 35.35  same proportion that expenditures were made except as provided 
 35.36  for in section 256.017. 
 36.1      (7) The affected county may require that assistance paid 
 36.2   under the AFDC emergency assistance program in the form of a 
 36.3   rental unit damage deposit, less any amount retained by the 
 36.4   landlord to remedy a tenant's default in payment of rent or 
 36.5   other funds due to the landlord pursuant to a rental agreement, 
 36.6   or to restore the premises to the condition at the commencement 
 36.7   of the tenancy, ordinary wear and tear excepted, be returned to 
 36.8   the county when the individual vacates the premises or paid to 
 36.9   the recipient's new landlord as a vendor payment.  The vendor 
 36.10  payment of returned funds shall not be considered a new use of 
 36.11  emergency assistance. 
 36.12     Sec. 21.  [256.8799] [FOOD STAMP OUTREACH PROGRAM.] 
 36.13     Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
 36.14  services shall establish, in consultation with the 
 36.15  representatives from community action agencies, a statewide 
 36.16  outreach program to better inform potential recipients of the 
 36.17  existence and availability of food stamps under the food stamp 
 36.18  program.  As part of the outreach program, the commissioner and 
 36.19  community action agencies shall encourage recipients in the use 
 36.20  of food stamps at food cooperatives.  The commissioner shall 
 36.21  explore and pursue federal funding sources, and specifically, 
 36.22  apply for funding from the United States Department of 
 36.23  Agriculture for the food stamp outreach program. 
 36.24     Subd. 2.  [ADMINISTRATION OF THE PROGRAM.] A community 
 36.25  association representing community action agencies under section 
 36.26  268.53, in consultation with the commissioner shall administer 
 36.27  the outreach program, issue the request for proposals, and 
 36.28  review and approve the potential grantee's plan.  Grantees shall 
 36.29  comply with the monitoring and reporting requirements as 
 36.30  developed by the commissioner in accordance with subdivision 4, 
 36.31  and must also participate in the evaluation process as directed 
 36.32  by the commissioner.  Grantees must successfully complete one 
 36.33  year of outreach and demonstrate compliance with all monitoring 
 36.34  and reporting requirements in order to be eligible for 
 36.35  additional funding. 
 36.36     Subd. 3.  [PLAN CONTENT.] In approving the plan, the 
 37.1   association shall evaluate the plan and give highest priority to 
 37.2   a plan that: 
 37.3      (1) targets communities in which 50 percent or fewer of the 
 37.4   residents with incomes below 125 percent of the poverty level 
 37.5   receive food stamps; 
 37.6      (2) demonstrates that the grantee has the experience 
 37.7   necessary to administer the program; 
 37.8      (3) demonstrates a cooperative relationship with the local 
 37.9   county social service agencies; 
 37.10     (4) provides ways to improve the dissemination of 
 37.11  information on the food stamp program as well as other 
 37.12  assistance programs through a statewide hotline or other 
 37.13  community agencies; 
 37.14     (5) provides direct advocacy consisting of face-to-face 
 37.15  assistance with the potential applicants; 
 37.16     (6) improves access to the food stamp program by 
 37.17  documenting barriers to participation and advocating for changes 
 37.18  in the administrative structure of the program; and 
 37.19     (7) develops strategies for combatting community 
 37.20  stereotypes about food stamp recipients and the food stamp 
 37.21  program, misinformation about the program, and the stigma 
 37.22  associated with using food stamps. 
 37.23     Subd. 4.  [COORDINATED DEVELOPMENT.] The commissioner shall 
 37.24  consult with representatives from the United States Department 
 37.25  of Agriculture, Minnesota Community Action Association, Food 
 37.26  First Coalition, Minnesota department of human services, Urban 
 37.27  Coalition/University of Minnesota extension services, county 
 37.28  social service agencies, local social service agencies, and 
 37.29  organizations that have previously administered state-funded 
 37.30  food stamp outreach programs to: 
 37.31     (1) develop the reporting requirements for the program; 
 37.32     (2) develop and implement the monitoring of the program; 
 37.33     (3) develop, coordinate, and assist in the evaluation 
 37.34  process; and 
 37.35     (4) provide an interim report to the legislature by January 
 37.36  1997, and a final report to the legislature by January 1998, 
 38.1   which includes the results of the evaluation and recommendations.
 38.2      Sec. 22.  Minnesota Statutes 1994, section 256.979, is 
 38.3   amended by adding a subdivision to read: 
 38.4      Subd. 9.  [ACCRUAL OF SUPPORT OBLIGATIONS.] The 
 38.5   commissioner shall seek the waiver required under this section 
 38.6   only if the provision creating the centralized child support 
 38.7   payment center does not pass in the 1995 legislative session.  
 38.8   If the centralized child support payment center provision does 
 38.9   not pass, the commissioner shall seek a waiver from the 
 38.10  secretary of the Department of Health and Human Services to 
 38.11  enable the agency to accrue child support payments received on 
 38.12  behalf of both AFDC and non-AFDC clients until the sum total of 
 38.13  the money owed by the state agency to the client is at least 
 38.14  $10.  Obligors shall be assessed a processing fee of $10 to be 
 38.15  retained by the county agency in every instance when both of the 
 38.16  following conditions exist: 
 38.17     (1) the obligor pays less than the required monthly support 
 38.18  obligation; and 
 38.19     (2) that reduced payment would result in a child support 
 38.20  payment to an AFDC or non-AFDC client of less than $10 for that 
 38.21  month. 
 38.22     Sec. 23.  Minnesota Statutes 1994, section 256.983, 
 38.23  subdivision 1, is amended to read: 
 38.24     Subdivision 1.  [PROGRAMS ESTABLISHED.] Within the limits 
 38.25  of available appropriations, and to the extent required or 
 38.26  authorized by applicable federal regulations, the commissioner 
 38.27  of human services shall require the establishment of fraud 
 38.28  prevention investigation programs in the seven counties 
 38.29  participating in the fraud prevention investigation pilot 
 38.30  project established under section 256.983, and in 11 additional 
 38.31  Minnesota counties with the largest aid to families with 
 38.32  dependent children program caseloads as of July 1, 1991.  If 
 38.33  funds are sufficient, the commissioner may also extend fraud 
 38.34  prevention investigation programs to:  (1) other counties that 
 38.35  have welfare fraud control programs already in place based on 
 38.36  enhanced funding contracts covering the fraud investigation 
 39.1   function; and (2) counties that have the largest AFDC caseloads 
 39.2   as of July 1, 1994, and are not currently participating in the 
 39.3   fraud prevention investigation pilot project.  The pilot project 
 39.4   may be expanded provided the expansion is budget neutral to the 
 39.5   state. 
 39.6      Sec. 24.  [256.9850] [IDENTITY VERIFICATION.] 
 39.7      The commissioner of human services shall seek from the 
 39.8   secretary of Health and Human Services all necessary waivers of 
 39.9   the requirements of the program of AFDC, to enable the 
 39.10  commissioner to establish a statewide program to test the 
 39.11  effectiveness of identity verification systems in the electronic 
 39.12  benefit transfer systems in the state AFDC program.  Identity 
 39.13  verification provisions shall be added to the statewide requests 
 39.14  for proposal on the expansion of electronic benefit transfer 
 39.15  systems in the AFDC program. 
 39.16     Sec. 25.  [256.986] [COUNTY COORDINATION OF FRAUD CONTROL 
 39.17  ACTIVITIES.] 
 39.18     (a) The county agency shall prepare and submit to the 
 39.19  commissioner of human services by January 1 of each year a plan 
 39.20  to coordinate county duties related to the prevention, 
 39.21  investigation, and prosecution of fraud in public assistance 
 39.22  programs.  Plans may be submitted on a voluntary basis prior to 
 39.23  January 1, 1996.  Each county must submit its first annual plan 
 39.24  prior to January 1, 1997. 
 39.25     (b) Within the limits of appropriations specifically made 
 39.26  available for this purpose, the commissioner may make grants to 
 39.27  counties submitting plans under paragraph (a) to implement 
 39.28  coordination activities. 
 39.29     Sec. 26.  Minnesota Statutes 1994, section 256B.0625, 
 39.30  subdivision 13, is amended to read: 
 39.31     Subd. 13.  [DRUGS.] (a) Medical assistance covers drugs, 
 39.32  except for fertility drugs when specifically used to enhance 
 39.33  fertility, if prescribed by a licensed practitioner and 
 39.34  dispensed by a licensed pharmacist, or by a physician enrolled 
 39.35  in the medical assistance program as a dispensing physician.  
 39.36  The commissioner, after receiving recommendations from 
 40.1   professional medical associations and professional pharmacist 
 40.2   associations, shall designate a formulary committee to advise 
 40.3   the commissioner on the names of drugs for which payment is 
 40.4   made, recommend a system for reimbursing providers on a set fee 
 40.5   or charge basis rather than the present system, and develop 
 40.6   methods encouraging use of generic drugs when they are less 
 40.7   expensive and equally effective as trademark drugs.  The 
 40.8   formulary committee shall consist of nine members, four of whom 
 40.9   shall be physicians who are not employed by the department of 
 40.10  human services, and a majority of whose practice is for persons 
 40.11  paying privately or through health insurance, three of whom 
 40.12  shall be pharmacists who are not employed by the department of 
 40.13  human services, and a majority of whose practice is for persons 
 40.14  paying privately or through health insurance, a consumer 
 40.15  representative, and a nursing home representative.  Committee 
 40.16  members shall serve three-year terms and shall serve without 
 40.17  compensation.  Members may be reappointed once.  
 40.18     (b) The commissioner shall establish a drug formulary.  Its 
 40.19  establishment and publication shall not be subject to the 
 40.20  requirements of the administrative procedure act, but the 
 40.21  formulary committee shall review and comment on the formulary 
 40.22  contents.  The formulary committee shall review and recommend 
 40.23  drugs which require prior authorization.  The formulary 
 40.24  committee may recommend drugs for prior authorization directly 
 40.25  to the commissioner, as long as opportunity for public input is 
 40.26  provided.  Prior authorization may be requested by the 
 40.27  commissioner based on medical and clinical criteria before 
 40.28  certain drugs are eligible for payment.  Before a drug may be 
 40.29  considered for prior authorization at the request of the 
 40.30  commissioner:  
 40.31     (1) the drug formulary committee must develop criteria to 
 40.32  be used for identifying drugs; the development of these criteria 
 40.33  is not subject to the requirements of chapter 14, but the 
 40.34  formulary committee shall provide opportunity for public input 
 40.35  in developing criteria; 
 40.36     (2) the drug formulary committee must hold a public forum 
 41.1   and receive public comment for an additional 15 days; and 
 41.2      (3) the commissioner must provide information to the 
 41.3   formulary committee on the impact that placing the drug on prior 
 41.4   authorization will have on the quality of patient care and 
 41.5   information regarding whether the drug is subject to clinical 
 41.6   abuse or misuse.  Prior authorization may be required by the 
 41.7   commissioner before certain formulary drugs are eligible for 
 41.8   payment.  The formulary shall not include:  
 41.9      (i) drugs or products for which there is no federal 
 41.10  funding; 
 41.11     (ii) over-the-counter drugs, except for antacids, 
 41.12  acetaminophen, family planning products, aspirin, insulin, 
 41.13  products for the treatment of lice, vitamins for adults with 
 41.14  documented vitamin deficiencies, and vitamins for children under 
 41.15  the age of seven and pregnant or nursing women; 
 41.16     (iii) any other over-the-counter drug identified by the 
 41.17  commissioner, in consultation with the drug formulary committee, 
 41.18  as necessary, appropriate, and cost-effective for the treatment 
 41.19  of certain specified chronic diseases, conditions or disorders, 
 41.20  and this determination shall not be subject to the requirements 
 41.21  of chapter 14; 
 41.22     (iv) anorectics; and 
 41.23     (v) drugs for which medical value has not been established. 
 41.24     The commissioner shall publish conditions for prohibiting 
 41.25  payment for specific drugs after considering the formulary 
 41.26  committee's recommendations.  
 41.27     (c) The basis for determining the amount of payment shall 
 41.28  be the lower of the actual acquisition costs of the drugs plus a 
 41.29  fixed dispensing fee established by the commissioner, the 
 41.30  maximum allowable cost set by the federal government or by the 
 41.31  commissioner plus the fixed dispensing fee or the usual and 
 41.32  customary price charged to the public.  Actual acquisition cost 
 41.33  includes quantity and other special discounts except time and 
 41.34  cash discounts.  The actual acquisition cost of a drug shall be 
 41.35  estimated by the commissioner, at average wholesale price minus 
 41.36  7.6 percent effective January 1, 1994.  The maximum allowable 
 42.1   cost of a multisource drug may be set by the commissioner and it 
 42.2   shall be comparable to, but no higher than, the maximum amount 
 42.3   paid by other third-party payors in this state who have maximum 
 42.4   allowable cost programs.  Establishment of the amount of payment 
 42.5   for drugs shall not be subject to the requirements of the 
 42.6   administrative procedure act.  An additional dispensing fee of 
 42.7   $.30 may be added to the dispensing fee paid to pharmacists for 
 42.8   legend drug prescriptions dispensed to residents of long-term 
 42.9   care facilities when a unit dose blister card system, approved 
 42.10  by the department, is used.  Under this type of dispensing 
 42.11  system, the pharmacist must dispense a 30-day supply of drug.  
 42.12  The National Drug Code (NDC) from the drug container used to 
 42.13  fill the blister card must be identified on the claim to the 
 42.14  department.  The unit dose blister card containing the drug must 
 42.15  meet the packaging standards set forth in Minnesota Rules, part 
 42.16  6800.2700, that govern the return of unused drugs to the 
 42.17  pharmacy for reuse.  The pharmacy provider will be required to 
 42.18  credit the department for the actual acquisition cost of all 
 42.19  unused drugs that are eligible for reuse.  Over-the-counter 
 42.20  medications must be dispensed in the manufacturer's unopened 
 42.21  package.  The commissioner may permit the drug clozapine to be 
 42.22  dispensed in a quantity that is less than a 30-day supply.  
 42.23  Whenever a generically equivalent product is available, payment 
 42.24  shall be on the basis of the actual acquisition cost of the 
 42.25  generic drug, unless the prescriber specifically indicates 
 42.26  "dispense as written - brand necessary" on the prescription as 
 42.27  required by section 151.21, subdivision 2.  Implementation of 
 42.28  any change in the fixed dispensing fee that has not been subject 
 42.29  to the administrative procedure act is limited to not more than 
 42.30  180 days, unless, during that time, the commissioner initiates 
 42.31  rulemaking through the administrative procedure act. 
 42.32     (d) Until the date the on-line, real-time Medicaid 
 42.33  Management Information System (MMIS) upgrade is successfully 
 42.34  implemented, as determined by the commissioner of 
 42.35  administration, a pharmacy provider may require individuals who 
 42.36  seek to become eligible for medical assistance under a one-month 
 43.1   spenddown, as provided in section 256B.056, subdivision 5, to 
 43.2   pay for services to the extent of the spenddown amount at the 
 43.3   time the services are provided.  A pharmacy provider choosing 
 43.4   this option shall file a medical assistance claim for the 
 43.5   pharmacy services provided.  If medical assistance reimbursement 
 43.6   is received for this claim, the pharmacy provider shall return 
 43.7   to the individual the total amount paid by the individual for 
 43.8   the pharmacy services reimbursed by the medical assistance 
 43.9   program.  If the claim is not eligible for medical assistance 
 43.10  reimbursement because of the provider's failure to comply with 
 43.11  the provisions of the medical assistance program, the pharmacy 
 43.12  provider shall refund to the individual the total amount paid by 
 43.13  the individual.  Pharmacy providers may choose this option only 
 43.14  if they apply similar credit restrictions to private pay or 
 43.15  privately insured individuals.  A pharmacy provider choosing 
 43.16  this option must inform individuals who seek to become eligible 
 43.17  for medical assistance under a one-month spenddown of (1) their 
 43.18  right to appeal the denial of services on the grounds that they 
 43.19  have satisfied the spenddown requirement, and (2) their 
 43.20  potential eligibility for the MinnesotaCare program or the 
 43.21  children's health plan. 
 43.22     Sec. 27.  Minnesota Statutes 1994, section 256D.01, 
 43.23  subdivision 1a, is amended to read: 
 43.24     Subd. 1a.  [STANDARDS.] (a) A principal objective in 
 43.25  providing general assistance is to provide for persons 
 43.26  ineligible for federal programs who are unable to provide for 
 43.27  themselves.  The minimum standard of assistance determines the 
 43.28  total amount of the general assistance grant without separate 
 43.29  standards for shelter, utilities, or other needs. 
 43.30     (b) The commissioner shall set the standard of assistance 
 43.31  for an assistance unit consisting of an adult recipient who is 
 43.32  childless and unmarried or living apart from children and spouse 
 43.33  and who does not live with a parent or parents or a legal 
 43.34  custodian.  When the other standards specified in this 
 43.35  subdivision increase, this standard must also be increased by 
 43.36  the same percentage. 
 44.1      (c) For an assistance unit consisting of a single adult who 
 44.2   lives with a parent or parents, the general assistance standard 
 44.3   of assistance is the amount that the aid to families with 
 44.4   dependent children standard of assistance would increase if the 
 44.5   recipient were added as an additional minor child to an 
 44.6   assistance unit consisting of the recipient's parent and all of 
 44.7   that parent's family members, except that the standard may not 
 44.8   exceed the standard for a general assistance recipient living 
 44.9   alone.  Benefits received by a responsible relative of the 
 44.10  assistance unit under the supplemental security income program, 
 44.11  a workers' compensation program, the Minnesota supplemental aid 
 44.12  program, or any other program based on the responsible 
 44.13  relative's disability, and any benefits received by a 
 44.14  responsible relative of the assistance unit under the social 
 44.15  security retirement program, may not be counted in the 
 44.16  determination of eligibility or benefit level for the assistance 
 44.17  unit.  Except as provided below, the assistance unit is 
 44.18  ineligible for general assistance if the available resources or 
 44.19  the countable income of the assistance unit and the parent or 
 44.20  parents with whom the assistance unit lives are such that a 
 44.21  family consisting of the assistance unit's parent or parents, 
 44.22  the parent or parents' other family members and the assistance 
 44.23  unit as the only or additional minor child would be financially 
 44.24  ineligible for general assistance.  For the purposes of 
 44.25  calculating the countable income of the assistance unit's parent 
 44.26  or parents, the calculation methods, income deductions, 
 44.27  exclusions, and disregards used when calculating the countable 
 44.28  income for a single adult or childless couple must be used. 
 44.29     (d) For an assistance unit consisting of a childless 
 44.30  couple, the standards of assistance are the same as the first 
 44.31  and second adult standards of the aid to families with dependent 
 44.32  children program.  If one member of the couple is not included 
 44.33  in the general assistance grant, the standard of assistance for 
 44.34  the other is the second adult standard of the aid to families 
 44.35  with dependent children program. 
 44.36     (e) For an assistance unit consisting of all members of a 
 45.1   family, the standards of assistance are the same as the 
 45.2   standards of assistance that apply to a family under the aid to 
 45.3   families with dependent children program if that family had the 
 45.4   same number of parents and children as the assistance unit under 
 45.5   general assistance and if all members of that family were 
 45.6   eligible for the aid to families with dependent children 
 45.7   program.  If one or more members of the family are not included 
 45.8   in the assistance unit for general assistance, the standards of 
 45.9   assistance for the remaining members are the same as the 
 45.10  standards of assistance that apply to an assistance unit 
 45.11  composed of the entire family, less the standards of assistance 
 45.12  for a family of the same number of parents and children as those 
 45.13  members of the family who are not in the assistance unit for 
 45.14  general assistance.  In no case shall the standard for family 
 45.15  members who are in the assistance unit for general assistance, 
 45.16  when combined with the standard for family members who are not 
 45.17  in the general assistance unit, total more than the standard for 
 45.18  the entire family if all members were in an AFDC assistance 
 45.19  unit.  A child may not be excluded from the assistance unit 
 45.20  unless income intended for its benefit is received from a 
 45.21  federally aided categorical assistance program or supplemental 
 45.22  security income.  The income of a child who is excluded from the 
 45.23  assistance unit may not be counted in the determination of 
 45.24  eligibility or benefit level for the assistance unit. 
 45.25     (f) An assistance unit consisting of one or more members of 
 45.26  a family must have its grant determined using the policies and 
 45.27  procedures of the aid to families with dependent children 
 45.28  program, except that, until June 30, 1995, in cases where a 
 45.29  county agency has developed or approved a case plan that 
 45.30  includes reunification with the children, foster care 
 45.31  maintenance payments made under state or local law for a child 
 45.32  who is temporarily absent from the assistance unit must not be 
 45.33  considered income to the child and the payments must not be 
 45.34  counted in the determination of the eligibility or benefit level 
 45.35  of the assistance unit.  Otherwise, the standard of assistance 
 45.36  must be determined according to paragraph (e); the first $50 of 
 46.1   total child support received by an assistance unit in a month 
 46.2   must be excluded and the balance counted as unearned income; and 
 46.3   nonrecurring lump sums received by the family must be considered 
 46.4   income in the month received and a resource in the following 
 46.5   months.  
 46.6      Sec. 28.  Minnesota Statutes 1994, section 256D.03, 
 46.7   subdivision 4, is amended to read: 
 46.8      Subd. 4.  [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) 
 46.9   For a person who is eligible under subdivision 3, paragraph (a), 
 46.10  clause (3), general assistance medical care covers, except as 
 46.11  provided in paragraph (c): 
 46.12     (1) inpatient hospital services; 
 46.13     (2) outpatient hospital services; 
 46.14     (3) services provided by Medicare certified rehabilitation 
 46.15  agencies; 
 46.16     (4) prescription drugs and other products recommended 
 46.17  through the process established in section 256B.0625, 
 46.18  subdivision 13; 
 46.19     (5) equipment necessary to administer insulin and 
 46.20  diagnostic supplies and equipment for diabetics to monitor blood 
 46.21  sugar level; 
 46.22     (6) eyeglasses and eye examinations provided by a physician 
 46.23  or optometrist; 
 46.24     (7) hearing aids; 
 46.25     (8) prosthetic devices; 
 46.26     (9) laboratory and X-ray services; 
 46.27     (10) physician's services; 
 46.28     (11) medical transportation; 
 46.29     (12) chiropractic services as covered under the medical 
 46.30  assistance program; 
 46.31     (13) podiatric services; 
 46.32     (14) dental services; 
 46.33     (15) outpatient services provided by a mental health center 
 46.34  or clinic that is under contract with the county board and is 
 46.35  established under section 245.62; 
 46.36     (16) day treatment services for mental illness provided 
 47.1   under contract with the county board; 
 47.2      (17) prescribed medications for persons who have been 
 47.3   diagnosed as mentally ill as necessary to prevent more 
 47.4   restrictive institutionalization; 
 47.5      (18) case management services for a person with serious and 
 47.6   persistent mental illness who would be eligible for medical 
 47.7   assistance except that the person resides in an institution for 
 47.8   mental diseases; 
 47.9      (19) psychological services, medical supplies and 
 47.10  equipment, and Medicare premiums, coinsurance and deductible 
 47.11  payments; 
 47.12     (20) medical equipment not specifically listed in this 
 47.13  paragraph when the use of the equipment will prevent the need 
 47.14  for costlier services that are reimbursable under this 
 47.15  subdivision; and 
 47.16     (21) services performed by a certified pediatric nurse 
 47.17  practitioner, a certified family nurse practitioner, a certified 
 47.18  adult nurse practitioner, a certified obstetric/gynecological 
 47.19  nurse practitioner, or a certified geriatric nurse practitioner 
 47.20  in independent practice, if the services are otherwise covered 
 47.21  under this chapter as a physician service, and if the service is 
 47.22  within the scope of practice of the nurse practitioner's license 
 47.23  as a registered nurse, as defined in section 148.171. 
 47.24     (b) Except as provided in paragraph (c), for a recipient 
 47.25  who is eligible under subdivision 3, paragraph (a), clause (1) 
 47.26  or (2), general assistance medical care covers the services 
 47.27  listed in paragraph (a) with the exception of special 
 47.28  transportation services. 
 47.29     (c) Gender reassignment surgery and related services are 
 47.30  not covered services under this subdivision unless the 
 47.31  individual began receiving gender reassignment services prior to 
 47.32  July 1, 1995.  
 47.33     (d) In order to contain costs, the commissioner of human 
 47.34  services shall select vendors of medical care who can provide 
 47.35  the most economical care consistent with high medical standards 
 47.36  and shall where possible contract with organizations on a 
 48.1   prepaid capitation basis to provide these services.  The 
 48.2   commissioner shall consider proposals by counties and vendors 
 48.3   for prepaid health plans, competitive bidding programs, block 
 48.4   grants, or other vendor payment mechanisms designed to provide 
 48.5   services in an economical manner or to control utilization, with 
 48.6   safeguards to ensure that necessary services are provided.  
 48.7   Before implementing prepaid programs in counties with a county 
 48.8   operated or affiliated public teaching hospital or a hospital or 
 48.9   clinic operated by the University of Minnesota, the commissioner 
 48.10  shall consider the risks the prepaid program creates for the 
 48.11  hospital and allow the county or hospital the opportunity to 
 48.12  participate in the program in a manner that reflects the risk of 
 48.13  adverse selection and the nature of the patients served by the 
 48.14  hospital, provided the terms of participation in the program are 
 48.15  competitive with the terms of other participants considering the 
 48.16  nature of the population served.  Payment for services provided 
 48.17  pursuant to this subdivision shall be as provided to medical 
 48.18  assistance vendors of these services under sections 256B.02, 
 48.19  subdivision 8, and 256B.0625.  For payments made during fiscal 
 48.20  year 1990 and later years, the commissioner shall consult with 
 48.21  an independent actuary in establishing prepayment rates, but 
 48.22  shall retain final control over the rate methodology. 
 48.23     (d) (e) The commissioner of human services may reduce 
 48.24  payments provided under sections 256D.01 to 256D.21 and 261.23 
 48.25  in order to remain within the amount appropriated for general 
 48.26  assistance medical care, within the following restrictions. 
 48.27     For the period July 1, 1985 to December 31, 1985, 
 48.28  reductions below the cost per service unit allowable under 
 48.29  section 256.966, are permitted only as follows:  payments for 
 48.30  inpatient and outpatient hospital care provided in response to a 
 48.31  primary diagnosis of chemical dependency or mental illness may 
 48.32  be reduced no more than 30 percent; payments for all other 
 48.33  inpatient hospital care may be reduced no more than 20 percent.  
 48.34  Reductions below the payments allowable under general assistance 
 48.35  medical care for the remaining general assistance medical care 
 48.36  services allowable under this subdivision may be reduced no more 
 49.1   than ten percent. 
 49.2      For the period January 1, 1986 to December 31, 1986, 
 49.3   reductions below the cost per service unit allowable under 
 49.4   section 256.966 are permitted only as follows:  payments for 
 49.5   inpatient and outpatient hospital care provided in response to a 
 49.6   primary diagnosis of chemical dependency or mental illness may 
 49.7   be reduced no more than 20 percent; payments for all other 
 49.8   inpatient hospital care may be reduced no more than 15 percent.  
 49.9   Reductions below the payments allowable under general assistance 
 49.10  medical care for the remaining general assistance medical care 
 49.11  services allowable under this subdivision may be reduced no more 
 49.12  than five percent. 
 49.13     For the period January 1, 1987 to June 30, 1987, reductions 
 49.14  below the cost per service unit allowable under section 256.966 
 49.15  are permitted only as follows:  payments for inpatient and 
 49.16  outpatient hospital care provided in response to a primary 
 49.17  diagnosis of chemical dependency or mental illness may be 
 49.18  reduced no more than 15 percent; payments for all other 
 49.19  inpatient hospital care may be reduced no more than ten 
 49.20  percent.  Reductions below the payments allowable under medical 
 49.21  assistance for the remaining general assistance medical care 
 49.22  services allowable under this subdivision may be reduced no more 
 49.23  than five percent.  
 49.24     For the period July 1, 1987 to June 30, 1988, reductions 
 49.25  below the cost per service unit allowable under section 256.966 
 49.26  are permitted only as follows:  payments for inpatient and 
 49.27  outpatient hospital care provided in response to a primary 
 49.28  diagnosis of chemical dependency or mental illness may be 
 49.29  reduced no more than 15 percent; payments for all other 
 49.30  inpatient hospital care may be reduced no more than five percent.
 49.31  Reductions below the payments allowable under medical assistance 
 49.32  for the remaining general assistance medical care services 
 49.33  allowable under this subdivision may be reduced no more than 
 49.34  five percent. 
 49.35     For the period July 1, 1988 to June 30, 1989, reductions 
 49.36  below the cost per service unit allowable under section 256.966 
 50.1   are permitted only as follows:  payments for inpatient and 
 50.2   outpatient hospital care provided in response to a primary 
 50.3   diagnosis of chemical dependency or mental illness may be 
 50.4   reduced no more than 15 percent; payments for all other 
 50.5   inpatient hospital care may not be reduced.  Reductions below 
 50.6   the payments allowable under medical assistance for the 
 50.7   remaining general assistance medical care services allowable 
 50.8   under this subdivision may be reduced no more than five percent. 
 50.9      There shall be no copayment required of any recipient of 
 50.10  benefits for any services provided under this subdivision.  A 
 50.11  hospital receiving a reduced payment as a result of this section 
 50.12  may apply the unpaid balance toward satisfaction of the 
 50.13  hospital's bad debts. 
 50.14     (e) (f) Any county may, from its own resources, provide 
 50.15  medical payments for which state payments are not made. 
 50.16     (f) (g) Chemical dependency services that are reimbursed 
 50.17  under chapter 254B must not be reimbursed under general 
 50.18  assistance medical care. 
 50.19     (g) (h) The maximum payment for new vendors enrolled in the 
 50.20  general assistance medical care program after the base year 
 50.21  shall be determined from the average usual and customary charge 
 50.22  of the same vendor type enrolled in the base year. 
 50.23     (h) (i) The conditions of payment for services under this 
 50.24  subdivision are the same as the conditions specified in rules 
 50.25  adopted under chapter 256B governing the medical assistance 
 50.26  program, unless otherwise provided by statute or rule. 
 50.27     Sec. 29.  [256D.045] [SOCIAL SECURITY NUMBER REQUIRED.] 
 50.28     To be eligible for general assistance under sections 
 50.29  256D.01 to 256D.21, an individual must provide the individual's 
 50.30  social security number to the county agency or submit proof that 
 50.31  an application has been made.  The provisions of this section do 
 50.32  not apply to the determination of eligibility for emergency 
 50.33  general assistance under section 256D.06, subdivision 2. 
 50.34     Sec. 30.  Minnesota Statutes 1994, section 256D.05, 
 50.35  subdivision 6, is amended to read: 
 50.36     Subd. 6.  [ASSISTANCE FOR PERSONS WITHOUT A VERIFIED 
 51.1   RESIDENCE.] (a) For applicants or recipients of general 
 51.2   assistance, emergency general assistance, or work readiness 
 51.3   assistance who do not have a verified residence address, the 
 51.4   county agency may provide assistance using one or more of the 
 51.5   following methods: 
 51.6      (1) the county agency may provide assistance in the form of 
 51.7   vouchers or vendor payments and provide separate vouchers or 
 51.8   vendor payments for food, shelter, and other needs; 
 51.9      (2) the county agency may divide the monthly assistance 
 51.10  standard into weekly payments, whether in cash or by voucher or 
 51.11  vendor payment.  Nothing in this clause prevents the county 
 51.12  agency from issuing voucher or vendor payments for emergency 
 51.13  general assistance in an amount less than the standards of 
 51.14  assistance; and 
 51.15     (3) the county agency may determine eligibility and provide 
 51.16  assistance on a weekly basis.  Weekly assistance can be issued 
 51.17  in cash or by voucher or vendor payment and can be determined 
 51.18  either on the basis of actual need or by prorating the monthly 
 51.19  assistance standard; and 
 51.20     (4) for the purposes of clauses (2) and (3), the county 
 51.21  agency may divide the monthly assistance standard as follows:  
 51.22  $50 per week for each of the first three weeks, and the 
 51.23  remainder for the fourth week. 
 51.24     (b) An individual may verify a residence address by 
 51.25  providing a driver's license; a state identification card; a 
 51.26  statement by the landlord, apartment manager, or homeowner 
 51.27  verifying that the individual is residing at the address; or 
 51.28  other written documentation approved by the commissioner. 
 51.29     (c) Notwithstanding the provisions of section 256D.06, 
 51.30  subdivision 1, if the county agency elects to provide assistance 
 51.31  on a weekly payment basis, the agency may not provide assistance 
 51.32  for a period during which no need is claimed by the individual 
 51.33  unless the individual has good cause for failing to claim need.  
 51.34  The individual must be notified, each time weekly assistance is 
 51.35  provided, that subsequent weekly assistance will not be issued 
 51.36  unless the individual claims need.  The advance notice required 
 52.1   under section 256D.10 does not apply to weekly assistance that 
 52.2   is withheld because the individual failed to claim need without 
 52.3   good cause.  
 52.4      (d) The county agency may not issue assistance on a weekly 
 52.5   basis to an applicant or recipient who has professionally 
 52.6   certified mental illness or mental retardation or a related 
 52.7   condition, or to an assistance unit that includes minor 
 52.8   children, unless requested by the assistance unit. 
 52.9      Sec. 31.  [256D.0511] [LUMP-SUM PAYMENTS.] 
 52.10     Subdivision 1.  [INELIGIBILITY.] Applicants for general 
 52.11  assistance or work readiness who are ineligible for AFDC due to 
 52.12  a nonrecurring lump-sum payment or recipients of general 
 52.13  assistance or work readiness are ineligible for general 
 52.14  assistance and work readiness benefits for the period described 
 52.15  below unless the person demonstrates that the lump-sum payment 
 52.16  was used for basic needs.  
 52.17     Subd. 2.  [BUDGETING LUMP SUMS.] Nonrecurring lump-sum 
 52.18  income received by a recipient of general assistance or work 
 52.19  readiness assistance must be budgeted in the normal 
 52.20  retrospective cycle.  Nonrecurring lump-sum income received by 
 52.21  an applicant for general assistance or work readiness who is 
 52.22  ineligible for AFDC due to a nonrecurring lump-sum payment is 
 52.23  prospectively budgeted. 
 52.24     Subd. 3.  [PERIOD OF INELIGIBILITY.] The period of 
 52.25  ineligibility determined under the AFDC program shall be used 
 52.26  when computing eligibility for applicants for general assistance 
 52.27  or work readiness who are ineligible for AFDC due to receipt of 
 52.28  a nonrecurring lump-sum payment.  Recipients of general 
 52.29  assistance or work readiness who receive nonrecurring lump-sum 
 52.30  income shall have their period of ineligibility determined using 
 52.31  the AFDC policy defined in section 256.74, subdivision 1. 
 52.32     Subd. 4.  [SHORTENING A PERIOD OF INELIGIBILITY.] 
 52.33  Applicants for general assistance or work readiness who are 
 52.34  ineligible for AFDC due to receipt of a lump sum must cooperate 
 52.35  in determining if the AFDC period of ineligibility can be 
 52.36  shortened under section 256.74, subdivision 1, as a condition of 
 53.1   eligibility for general assistance or work readiness.  For 
 53.2   applicants and recipients of general assistance or work 
 53.3   readiness, the period of ineligibility must be shortened when 
 53.4   the assistance unit provides documentation that part or all of 
 53.5   the lump-sum income has been expended for basic needs as defined 
 53.6   in subdivision 5. 
 53.7      Subd. 5.  [DEFINITIONS.] As used in this section, the 
 53.8   following words have the meanings given: 
 53.9      (1) "assistance unit," for purposes of applying the 
 53.10  lump-sum provision, is defined as all persons whose needs are 
 53.11  taken into account in determining eligibility and the amount of 
 53.12  assistance payment; and 
 53.13     (2) "basic needs" are defined as the minimum personal 
 53.14  requirements of subsistence and are restricted to: 
 53.15     (i) food; 
 53.16     (ii) clothing; 
 53.17     (iii) shelter; 
 53.18     (iv) utilities; 
 53.19     (v) other items of which the loss or lack of is determined 
 53.20  by the county agency to pose a direct immediate threat to the 
 53.21  physical health or safety of a member of the assistance unit; 
 53.22     (vi) education, training, and work expenses necessary to 
 53.23  become economically self-sufficient; and 
 53.24     (vii) medical expenses.  
 53.25     Sec. 32.  [256D.055] [COUNTY DESIGN; WORK FOCUSED PROGRAM.] 
 53.26     The commissioner of human services shall issue a request 
 53.27  for proposals from counties to submit a plan for developing and 
 53.28  implementing a county-designed program.  The plan shall be for 
 53.29  first-time applicants for aid to families with dependent 
 53.30  children (AFDC) and family general assistance (FGA) and must 
 53.31  emphasize the importance of becoming employed and oriented into 
 53.32  the work force in order to become self-sufficient.  The plan 
 53.33  must target public assistance applicants who are most likely to 
 53.34  become self-sufficient quickly with short-term assistance or 
 53.35  services such as child care, child support enforcement, or 
 53.36  employment and training services.  
 54.1      The plan may include vendor payments, mandatory job search, 
 54.2   refocusing existing county or provider efforts, or other program 
 54.3   features.  The commissioner may approve a county plan which 
 54.4   allows a county to use other program funding for the county work 
 54.5   focus program in a more flexible manner.  Nothing in this 
 54.6   section shall allow payments made to the public assistance 
 54.7   applicant to be less than the amount the applicant would have 
 54.8   received if the program had not been implemented, or reduce or 
 54.9   eliminate a category of eligible participants from the program 
 54.10  without legislative approval.  
 54.11     The commissioner shall not approve a county plan that would 
 54.12  have an adverse impact on the Minnesota family investment plan 
 54.13  demonstration.  If the plan is approved by the commissioner, the 
 54.14  county may implement the plan.  If the plan is approved by the 
 54.15  commissioner, but a federal waiver is necessary to implement the 
 54.16  plan, the commissioner shall apply for the necessary federal 
 54.17  waivers.  If by July 1, 1996, at least four counties have not 
 54.18  proposed a work focused plan, the commissioner of human services 
 54.19  may pursue the work first plan as provided under Minnesota 
 54.20  Statutes, sections 256.7351 to 256.7359.  However, a county with 
 54.21  a work focus plan that has been approved under this section may 
 54.22  implement the plan. 
 54.23     Sec. 33.  Minnesota Statutes 1994, section 256D.09, 
 54.24  subdivision 2a, is amended to read: 
 54.25     Subd. 2a.  [REPRESENTATIVE PAYEE VENDOR PAYMENTS FOR DRUG 
 54.26  DEPENDENT PERSONS.] Notwithstanding subdivision 1, the 
 54.27  commissioner shall adopt rules, and may adopt emergency rules, 
 54.28  governing the assignment of a representative payee and 
 54.29  management of the general assistance or work readiness 
 54.30  assistance grant of a drug dependent person as defined in 
 54.31  section 254A.02, subdivision 5.  The representative payee is 
 54.32  responsible for deciding how the drug dependent person's 
 54.33  benefits can best be used to meet that person's needs.  The 
 54.34  determination of drug dependency must be made by an assessor 
 54.35  qualified under Minnesota Rules, part 9530.6615, subpart 2, to 
 54.36  perform an assessment of chemical use.  Upon receipt of the 
 55.1   assessor's determination of drug dependency, the county shall 
 55.2   determine whether a representative payee will be assigned to 
 55.3   manage the person's benefits.  The chemical use assessment, the 
 55.4   decision to refer a person for the assessment, and the county 
 55.5   determination of whether a representative payee will be assigned 
 55.6   are subject to the administrative and judicial review provisions 
 55.7   of section 256.045.  However, notwithstanding any provision of 
 55.8   section 256.045 to the contrary, an applicant or recipient who 
 55.9   is referred for an assessment and is otherwise eligible to 
 55.10  receive a general assistance or work readiness benefit, may only 
 55.11  be provided with emergency general assistance or vendor payments 
 55.12  pending the outcome of an administrative or judicial review.  
 55.13  If, at the time of application or at any other time, there is a 
 55.14  reasonable basis for questioning whether a person applying for 
 55.15  or receiving financial assistance or a work readiness assistance 
 55.16  grant is drug dependent, as defined in section 254A.02, 
 55.17  subdivision 5, the person may shall be referred for a chemical 
 55.18  health assessment, and only emergency assistance payments or 
 55.19  general assistance vendor payments may be provided until the 
 55.20  assessment is complete and the results of the assessment made 
 55.21  available to the county agency.  A reasonable basis 
 55.22  for questioning whether a person is drug dependent referring an 
 55.23  individual for an assessment exists when: 
 55.24     (1) the person has required detoxification two or more 
 55.25  times in the past 12 months; 
 55.26     (2) the person appears intoxicated at the county agency as 
 55.27  indicated by two or more of the following: 
 55.28     (i) the odor of alcohol; 
 55.29     (ii) slurred speech; 
 55.30     (iii) disconjugate gaze; 
 55.31     (iv) impaired balance; 
 55.32     (v) difficulty remaining awake; 
 55.33     (vi) consumption of alcohol; 
 55.34     (vii) responding to sights or sounds that are not actually 
 55.35  present; 
 55.36     (viii) extreme restlessness, fast speech, or unusual 
 56.1   belligerence; 
 56.2      (3) the person has been involuntarily committed for drug 
 56.3   dependency at least once in the past 12 months; or 
 56.4      (4) the person has received treatment, including 
 56.5   domiciliary care, for drug abuse or dependency at least twice in 
 56.6   the past 12 months.  
 56.7      The assignment to representative payee status must be 
 56.8   reviewed at least every 12 months.  The county agency shall 
 56.9   designate the representative payee after consultation with the 
 56.10  recipient.  The county agency shall select the representative 
 56.11  payee from appropriate individuals, or public or nonprofit 
 56.12  agencies, including those suggested by the recipient, but the 
 56.13  county agency's designation of representative payee prevails, 
 56.14  subject to the administrative and judicial review provisions of 
 56.15  section 256.045. 
 56.16     The assessment and determination of drug dependency, if 
 56.17  any, must be made by an assessor qualified under Minnesota 
 56.18  Rules, part 9530.6615, subpart 2, to perform an assessment of 
 56.19  chemical use.  The county shall only provide emergency general 
 56.20  assistance or vendor payments to an otherwise eligible applicant 
 56.21  or recipient who is determined to be drug dependent, except up 
 56.22  to 15 percent of the grant amount the person would otherwise 
 56.23  receive may be paid in cash.  Notwithstanding subdivision 1, the 
 56.24  commissioner of human services shall also require county 
 56.25  agencies to provide assistance only in the form of vendor 
 56.26  payments to all eligible recipients who assert chemical 
 56.27  dependency as a basis for eligibility under section 256D.05, 
 56.28  subdivision 1, paragraph (a), clauses (1) and (6). 
 56.29     The determination of drug dependency shall be reviewed at 
 56.30  least every 12 months.  If the county determines a recipient is 
 56.31  no longer drug dependent, the county may cease vendor payments 
 56.32  and provide the recipient payments in cash. 
 56.33     Sec. 34.  Minnesota Statutes 1994, section 256D.09, is 
 56.34  amended by adding a subdivision to read: 
 56.35     Subd. 5.  [VENDOR PAYMENTS TO LANDLORDS.] The affected 
 56.36  county may require that assistance paid under the emergency 
 57.1   general assistance program in the form of a rental unit damage 
 57.2   deposit, less any amount retained by the landlord to remedy a 
 57.3   tenant's default in payment of rent or other funds due to the 
 57.4   landlord pursuant to a rental agreement, or to restore the 
 57.5   premises to the condition at the commencement of the tenancy, 
 57.6   ordinary wear and tear excepted, be returned to the county when 
 57.7   the individual vacates the premises or paid to the recipient's 
 57.8   new landlord as a vendor payment.  The vendor payment of 
 57.9   returned funds shall not be considered a new use of emergency 
 57.10  assistance. 
 57.11     Sec. 35.  Minnesota Statutes 1994, section 256D.09, is 
 57.12  amended by adding a subdivision to read: 
 57.13     Subd. 6.  [RECOVERY OF OVERPAYMENTS.] (a) If an amount of 
 57.14  general assistance, family general assistance, or work readiness 
 57.15  assistance is paid to a recipient in excess of the payment due, 
 57.16  it shall be recoverable by the county agency.  The agency shall 
 57.17  give written notice to the recipient of its intention to recover 
 57.18  the overpayment. 
 57.19     (b) When an overpayment occurs, the county agency shall 
 57.20  recover the overpayment from a current recipient by reducing the 
 57.21  amount of aid payable to the assistance unit of which the 
 57.22  recipient is a member, for one or more monthly assistance 
 57.23  payments, until the overpayment is repaid.  All county agencies 
 57.24  in the state shall reduce the assistance payment by three 
 57.25  percent of the assistance unit's standard of need or the amount 
 57.26  of the monthly payment, whichever is less, for all overpayments 
 57.27  whether or not the overpayment is due solely to agency error.  
 57.28  The amount of this reduction is ten percent, if the overpayment 
 57.29  is due solely to having wrongfully obtained assistance, whether 
 57.30  based on: 
 57.31     (1) a court order; 
 57.32     (2) the finding of an administrative fraud disqualification 
 57.33  hearing or the waiver of such a hearing; or 
 57.34     (3) a confession or judgment containing an admission of an 
 57.35  intentional program violation. 
 57.36     (c) In cases when there is both an overpayment and 
 58.1   underpayment, the county agency shall offset one against the 
 58.2   other in correcting the payment. 
 58.3      (d) Overpayments may also be voluntarily repaid, in part or 
 58.4   in full, by the individual, in addition to the aid reductions 
 58.5   provided in this subdivision, until the total amount of the 
 58.6   overpayment is repaid. 
 58.7      (e) The county agency shall make reasonable efforts to 
 58.8   recover overpayments to persons no longer on assistance under 
 58.9   standards adopted in rule by the commissioner of human 
 58.10  services.  The county agency need not attempt to recover 
 58.11  overpayments of less than $35 paid to an individual no longer on 
 58.12  assistance if the individual does not receive assistance again 
 58.13  within three years, unless the individual has been convicted of 
 58.14  violating section 256.98. 
 58.15     Sec. 36.  [EMPOWERMENT ZONES; ADMINISTRATIVE SIMPLIFICATION 
 58.16  OF WELFARE LAWS.] 
 58.17     (a) The commissioner of human services shall make 
 58.18  recommendations to effectuate the changes in federal laws and 
 58.19  regulations, state laws and rules, and the state plan to improve 
 58.20  the administrative efficiency of the aid to families with 
 58.21  dependent children, general assistance, work readiness, family 
 58.22  general assistance, medical assistance, general assistance 
 58.23  medical care, and food stamp programs.  At a minimum, the 
 58.24  following administrative standards and procedures must be 
 58.25  changed. 
 58.26     The commissioner shall: 
 58.27     (1) require income or eligibility reviews no more 
 58.28  frequently than annually for cases in which income is normally 
 58.29  invariant, as in aid to families with dependent children cases 
 58.30  where the only source of household income is Supplemental Social 
 58.31  Security Income; 
 58.32     (2) permit households to report income annually when the 
 58.33  source of income is excluded, such as a minor's earnings; 
 58.34     (3) require income or eligibility reviews no more 
 58.35  frequently than annually for extended medical assistance cases; 
 58.36     (4) require income or eligibility reviews no more 
 59.1   frequently than annually for a medical assistance postpartum 
 59.2   client, where the client previously had eligibility under a 
 59.3   different basis prior to pregnancy or if other household members 
 59.4   have eligibility with the same income/basis that applies to the 
 59.5   client; 
 59.6      (5) permit all income or eligibility reviews for foster 
 59.7   care medical assistance cases to use the short application form; 
 59.8      (6) make dependent care expenses declaratory for medical 
 59.9   assistance; and 
 59.10     (7) permit households to only report gifts worth $100 or 
 59.11  more per month. 
 59.12     (b) The county's administrative savings resulting from 
 59.13  these changes may be allocated to fund any lawful purpose. 
 59.14     (c) The recommendations must be provided in a report to the 
 59.15  chairs of the appropriate legislative committees by August 1, 
 59.16  1995.  The recommendations must include a list of the 
 59.17  administrative standards and procedures that require approval by 
 59.18  the federal government before implementation, and also which 
 59.19  administrative simplification standards and procedures may be 
 59.20  implemented by a county prior to receiving a federal waiver. 
 59.21     (d) The commissioner shall seek the necessary waivers from 
 59.22  the federal government as soon as possible to implement the 
 59.23  administrative simplification standards and procedures. 
 59.24     Sec. 37.  [EMPOWERMENT ZONES.] 
 59.25     Certain local agencies, in consultation with the 
 59.26  commissioners of human services and labor and industry shall 
 59.27  develop, by December 1, 1995, a plan to improve the employment 
 59.28  opportunities available to unemployed and underemployed citizens 
 59.29  at risk of becoming public assistance recipients.  The 
 59.30  employment activities shall be focused on improving public 
 59.31  infrastructure, enhancing the local tax base, improving the 
 59.32  quality of available housing, reducing crime, designing 
 59.33  strategies for job skill enhancement, strengthening communities, 
 59.34  and maintaining and improving natural systems.  The plan shall 
 59.35  be developed by the city council, county board, county and city 
 59.36  park boards, and the school board of the city or cities in which 
 60.1   projects are undertaken.  The plan shall include details of all 
 60.2   projects, including:  specific project sites delineated on local 
 60.3   maps; estimates of the total public cost required to transform a 
 60.4   poverty zone to a highly developable site; a five-, ten-, and 
 60.5   15-year economic impact model of the potential new revenue 
 60.6   streams created by the project, including income, sales, 
 60.7   employment, and property taxes generated, savings from 
 60.8   environmental, welfare, and crime mitigation, and other economic 
 60.9   benefits; an identification of existing federal, state, and 
 60.10  local funding sources for which the projects may qualify; and 
 60.11  draft legislation for the 1996 legislature needed to expedite 
 60.12  development of the projects.  Organized labor shall be consulted 
 60.13  in the development of the plan and implementation of any work 
 60.14  activities and the University of Minnesota shall aid in the 
 60.15  development of economic and technical support.  Participating 
 60.16  jurisdictions shall report back to the chairs of the senate 
 60.17  finance and tax committees and the house ways and means and tax 
 60.18  committees by August 1, 1995, with an outline for the plan, as 
 60.19  identified by the local taxing jurisdictions.  This section will 
 60.20  sunset effective June 30, 1997. 
 60.21     Sec. 38.  [CHILD CARE SELF-EMPLOYMENT PROJECT.] 
 60.22     The commissioners of human services and economic security 
 60.23  shall develop a plan for an AFDC grant diversion pilot project 
 60.24  in Region 6E, to commence October 1, 1996.  The purpose of the 
 60.25  project is to enable AFDC caretakers to become self-sufficient.  
 60.26  The Community Action Agency and the Child Care Resource and 
 60.27  Referral Agency of that region shall work together to train and 
 60.28  place qualified AFDC caretakers in child care centers or 
 60.29  licensed family child care homes.  The pilot shall be operated 
 60.30  without the use of additional state funds.  Child care 
 60.31  development funds available for this region may be used to start 
 60.32  up or expand child care services in this region. 
 60.33     Sec. 39.  [PARENT'S FAIR SHARE REPORT.] 
 60.34     The commissioner of human services shall report to the 
 60.35  chairs of the human services policy and funding committees of 
 60.36  the legislature by January 15, 1996, recommendations for 
 61.1   establishing a statewide employment and training program for 
 61.2   unemployed noncustodial parents modeled after the national 
 61.3   parent's fair share pilot project.  The report shall include 
 61.4   cost estimates and must be developed in consultation with the 
 61.5   departments of trade and economic development and economic 
 61.6   security, and with counties that participate in the pilot 
 61.7   project and other interested counties. 
 61.8      Sec. 40.  [PARENT'S FAIR SHARE.] 
 61.9      Money appropriated for the Minnesota parent's fair share 
 61.10  program must be paid to the participating counties, in the form 
 61.11  of quarterly advances, under the terms of the contract between 
 61.12  the department and the counties.  Federal JOBS financial 
 61.13  participation funds earned by the Minnesota parent's fair share 
 61.14  program are appropriated to the commissioner and must be 
 61.15  refunded to the participating counties in accordance with the 
 61.16  terms of the contracts. 
 61.17     Sec. 41.  [PROGRAM INTEGRITY.] 
 61.18     Unexpended money appropriated for program integrity 
 61.19  initiatives in fiscal year 1996 does not cancel but is available 
 61.20  for this purpose in fiscal year 1997. 
 61.21     Sec. 42.  [WELFARE REFORM.] 
 61.22     Unexpended money appropriated for welfare reform 
 61.23  initiatives in fiscal year 1996 does not cancel but is available 
 61.24  to the commissioner for those initiatives including work first, 
 61.25  work focus, and the temporary county assistance program, in 
 61.26  fiscal year 1997. 
 61.27     Sec. 43.  [CHILD CARE COOPERATIVES.] 
 61.28     A county may collaborate and coordinate efforts with school 
 61.29  districts, local youth centers, and other organizations to 
 61.30  provide cooperative child care services at a convenient location 
 61.31  and provide a low-cost alternative to day care services.  The 
 61.32  county may collaborate with the local school district or an 
 61.33  organization near a school.  The county is encouraged to explore 
 61.34  other nontraditional suitable locations for community day care 
 61.35  services and consult with parents and others who are interested 
 61.36  in establishing a day care cooperative. 
 62.1      Parents must be given an opportunity to participate in the 
 62.2   child care cooperatives.  Incentives offered to parents to 
 62.3   participate in the cooperative may include reduced day care 
 62.4   costs for an appropriate amount of time or a few hours of free 
 62.5   child care that provides a parent with a short respite. 
 62.6      For purposes of the collaborative effort, the county may 
 62.7   request a waiver of Minnesota Rules, part 9565.5025, subpart 2, 
 62.8   to implement the program.  This waiver would reduce the barriers 
 62.9   the applicant faces when applying for child care by specifically 
 62.10  allowing the applicant to initially declare income, instead of 
 62.11  being required to document income.  The county may also request 
 62.12  a waiver of rules related to day care requirements to provide 
 62.13  more flexibility in developing and implementing the cooperative. 
 62.14     Sec. 44.  [SEAMLESS CHILD CARE SYSTEM.] 
 62.15     The commissioner of human services shall examine the 
 62.16  feasibility of implementing a seamless child care system 
 62.17  statewide by July 1, 1996.  The seamless child care system must 
 62.18  provide a consistent approach to administering child care by 
 62.19  consolidating the different child care programs under Minnesota 
 62.20  Statutes, chapter 256H, and Minnesota Statutes, section 
 62.21  136A.125, streamlining all child care funding available under 
 62.22  Minnesota Statutes, chapter 256H, and Minnesota Statutes, 
 62.23  section 136A.125, and making consistent the laws and rules to 
 62.24  govern the child care system. 
 62.25     The commissioner shall report to the legislature by 
 62.26  November 1995.  The report must contain recommendations as to 
 62.27  how to develop and implement the system statewide, proposed 
 62.28  uniform eligibility criteria, a list of necessary federal 
 62.29  waivers, a list of the statutes and rules that must be repealed 
 62.30  or amended, and an estimate of state and county savings 
 62.31  resulting from the reduction in administrative duties. 
 62.32     Sec. 45.  [MINNESOTA PARENT'S FAIR SHARE; COMMUNITY WORK 
 62.33  EXPERIENCE.] 
 62.34     The Minnesota parent's fair share pilot project shall 
 62.35  include a community work experience component for participants 
 62.36  who fail to comply with the requirements of the pilot project. 
 63.1      Sec. 46.  [FEDERAL WAIVER PACKAGE.] 
 63.2      Subdivision 1.  [REQUEST.] The commissioner of human 
 63.3   services shall make a single request for the waivers listed in 
 63.4   this section to the United States Department of Health and Human 
 63.5   Services.  The waivers in the package support and encourage AFDC 
 63.6   recipients to move from reliance on welfare to 
 63.7   self-sufficiency.  The commissioner shall explore alternatives 
 63.8   to the federally required waiver evaluation process in an effort 
 63.9   to reduce evaluation costs and develop a cost-effective 
 63.10  evaluation process for the waiver package in this section.  
 63.11  While also exploring other possible alternatives, the 
 63.12  commissioner shall investigate the feasibility of the 
 63.13  following:  (1) one evaluation for the entire waiver package; 
 63.14  (2) consolidation of evaluation efforts for the same or similar 
 63.15  waiver with another state; and (3) completion of the evaluation 
 63.16  internally, possibly by the office of legislative auditor.  The 
 63.17  commissioner shall notify the revisor of statutes when each 
 63.18  waiver is approved by the federal government. 
 63.19     Subd. 2.  [WAIVER TO DISALLOW PARENTAL INCOME OF A PREGNANT 
 63.20  OR PARENTING MINOR LIVING WITH PARENTS.] The commissioner shall 
 63.21  seek the following waivers:  (1) from the filing unit 
 63.22  requirement in Code of Federal Regulations, title 45, section 
 63.23  206.10(a)(1)(vii), for minor parents living with a parent on 
 63.24  AFDC with other dependent children, resulting in the minor 
 63.25  parent receiving the same separate need standard available if 
 63.26  the minor parent's parent was not on AFDC; (2) to disregard all 
 63.27  parental income if the parent is on AFDC with other children; 
 63.28  and (3) if the parent is not on AFDC with other children, to 
 63.29  disregard income equal to 200 percent of the federal poverty 
 63.30  guideline for a family size not including the minor parent and 
 63.31  the minor parent's child and deem the remainder of income under 
 63.32  Code of Federal Regulations, title 45, section 
 63.33  233.20(a)(3)(xviii).  The general policy in requesting these 
 63.34  waivers is to keep the family intact and give the minor parent, 
 63.35  the dependent child, and the grandparent an incentive to 
 63.36  continue living together as a family. 
 64.1      Subd. 3.  [WAIVER TO ALLOW START WORK OFFSET.] The 
 64.2   commissioner shall seek a waiver of the federal regulation which 
 64.3   requires the state to recover AFDC overpayments from the 
 64.4   assistance unit if the overpayment occurred in the month the 
 64.5   assistance unit started working and the overpayment resulted 
 64.6   from the assistance unit's increased earnings.  This "start work 
 64.7   offset" is available to an assistance unit every two years. 
 64.8      Subd. 4.  [WAIVER OF THE 100-HOUR RULE; WORK HISTORY 
 64.9   REQUIREMENT; 30-DAY WAITING PERIOD REQUIREMENT.] The 
 64.10  commissioner shall seek a waiver to eliminate the 100-hour rule 
 64.11  under Code of Federal Regulations, title 45, section 
 64.12  233.100(a)(1)(i); the eligibility requirement for past 
 64.13  employment history under Code of Federal Regulations, title 45, 
 64.14  section 233.100(a)(3)(iii); and the requirement for a 30-day 
 64.15  waiting period under Code of Federal Regulations, title 45, 
 64.16  section 233.100(a)(3)(i).  
 64.17     Subd. 5.  [WAIVER OF MOTOR VEHICLE RESOURCE LIMIT.] The 
 64.18  commissioner shall seek a waiver to increase the maximum equity 
 64.19  value of a licensed motor vehicle, which can be excluded as a 
 64.20  resource under the federal regulations, from $1,500 to the level 
 64.21  permitted under the federal Food Stamp Program.  This waiver is 
 64.22  essential for AFDC recipients who need reliable transportation 
 64.23  to participate in education, work, and training to become 
 64.24  self-sufficient. 
 64.25     Subd. 6.  [WAIVER TO ALLOW STUDENTS TO EARN INCOME.] The 
 64.26  commissioner shall seek a waiver of the federal regulation which 
 64.27  includes the earned income of dependent children and minor 
 64.28  caretakers who are attending school at least half time when 
 64.29  determining eligibility for AFDC.  The commissioner shall also 
 64.30  seek a waiver which allows savings set aside in a separate 
 64.31  account designated specifically for future education or 
 64.32  employment needs to be excluded from the AFDC resource limits. 
 64.33     Subd. 7.  [GRANT AMOUNT WAIVER.] The commissioner of human 
 64.34  services shall seek federal waivers as necessary in order to 
 64.35  adjust AFDC assistance payment amounts so that, notwithstanding 
 64.36  the provisions of Minnesota Statutes, section 256.74, 
 65.1   subdivision 1, the amount of assistance granted to an eligible 
 65.2   family in which all members have resided in Minnesota for less 
 65.3   than 12 months shall be the lesser of the maximum payment 
 65.4   standard that would have been received by that family from the 
 65.5   state of immediate prior residence, or the amount calculated in 
 65.6   accordance with Minnesota Rules, parts 9500.2440 to 9500.2480. 
 65.7      Subd. 8.  [IMPLEMENTATION.] The commissioner shall 
 65.8   implement the program changes authorized under this subdivision 
 65.9   promptly upon approval of the waiver, provided all conditions 
 65.10  are met under Minnesota Statutes, section 256.01, subdivision 2, 
 65.11  clause (12). 
 65.12     Subd. 9.  [EVALUATION.] If any of the federal waivers are 
 65.13  granted, the commissioner shall evaluate the program changes 
 65.14  according to federal waiver requirements and, if necessary, 
 65.15  submit reports to the legislature within a time frame consistent 
 65.16  with the evaluation criteria that are established. 
 65.17     Subd. 10.  [ADDITIONAL WAIVER REQUEST FOR EMPLOYED DISABLED 
 65.18  PERSONS.] The commissioner shall seek a federal waiver in order 
 65.19  to implement a work incentive for disabled persons eligible for 
 65.20  medical assistance who are not residents of long-term care 
 65.21  facilities.  The waiver shall request authorization to establish 
 65.22  a medical assistance earned income disregard for employed 
 65.23  disabled persons who are eligible for SSDI and who receive 
 65.24  personal care assistance under the Medical Assistance Program.  
 65.25  The disregard shall be equivalent to the threshold amount 
 65.26  applied to persons who qualify under section 1619(b) of the 
 65.27  Social Security Act, except that when a disabled person's earned 
 65.28  income reaches the maximum income permitted at the threshold 
 65.29  under section 1619(b), the person shall retain medical 
 65.30  assistance eligibility and must contribute to the costs of 
 65.31  medical care on a sliding fee basis.  
 65.32     Sec. 47.  [MAXIMIZING MAXIS; FRAUD RECOVERY EFFORTS.] 
 65.33     The commissioner of human services shall submit a plan to 
 65.34  the legislature by December 1, 1995, to maximize the capability 
 65.35  of the MAXIS system to aid in fraud control.  The commissioner 
 65.36  shall explore ways of using the MAXIS system to establish or 
 66.1   expand recovery efforts, certify debts, and collect overpayments 
 66.2   due to fraud, client error, or agency error in all state and 
 66.3   federally funded public assistance programs.  The commissioner 
 66.4   shall also make recommendations for sharing recovered revenues 
 66.5   under this program with counties to provide incentives to both 
 66.6   the state and county to begin or maintain aggressive recovery 
 66.7   efforts. 
 66.8      Sec. 48.  [APPROPRIATIONS.] 
 66.9      Subdivision 1.  [APPROPRIATIONS.] The appropriations in 
 66.10  this section are from the general fund to the commissioner of 
 66.11  human services and are available for the biennium ending June 
 66.12  30, 1997, unless otherwise specified in the following 
 66.13  subdivisions. 
 66.14     Subd. 2.  [FOOD STAMP OUTREACH.] $150,000 is appropriated 
 66.15  for the food stamp outreach program authorized by Minnesota 
 66.16  Statutes, section 256.8799. 
 66.17     Subd. 3.  [MINNESOTA PARENT'S FAIR SHARE PILOT 
 66.18  PROJECT.] $800,000 is appropriated for the following purposes: 
 66.19     (a) $400,000 for a grant to Ramsey county to enable the 
 66.20  county to expand the Minnesota parent's fair share pilot 
 66.21  project.  As a condition of this grant, the commissioner may 
 66.22  require a local match from the county.  
 66.23     (b) $100,000 is added to the appropriation to Anoka county 
 66.24  for costs associated with the Minnesota parent's fair share 
 66.25  pilot project. 
 66.26     (c) $100,000 is added to the appropriation to Dakota county 
 66.27  for costs associated with the Minnesota parent's fair share 
 66.28  pilot project. 
 66.29     (d) $200,000 for costs associated with the mandatory 
 66.30  community work experience component of the Minnesota parent's 
 66.31  fair share pilot project. 
 66.32     Subd. 4.  [INTENSIVE LANGUAGE PROGRAM.] $1,025,000 is 
 66.33  appropriated to the commissioner of human services for the 
 66.34  purpose of the training and education costs associated with the 
 66.35  intensive six-month language program for non-English speaking 
 66.36  mandatory STRIDE and CWEP participants, and is available for the 
 67.1   fiscal year beginning July 1, 1996.  This appropriation is in 
 67.2   addition to any other appropriation for training and education 
 67.3   for non-English speaking STRIDE participants.  The commissioner 
 67.4   of human services shall consult with the commissioner of 
 67.5   education, on a regular basis, in the planning and 
 67.6   implementation of the intensive program and shall ensure that 
 67.7   funding follows the student to avoid unfunded mandates.  
 67.8      Subd. 5.  [INJURY PROTECTION FOR WORK EXPERIENCE 
 67.9   PARTICIPANTS.] $351,000 is appropriated to pay for costs 
 67.10  associated with the claims arising from the injury protection 
 67.11  program, established under Minnesota Statutes, section 256.737. 
 67.12     Subd. 6.  [SOCIAL SERVICES EVALUATION.] $660,000 is 
 67.13  appropriated to pay for county costs associated with minor 
 67.14  caretaker evaluations. 
 67.15     Subd. 7.  [AFDC CHILD CARE.] $520,000 is added to the 
 67.16  appropriation to pay for child care costs incurred by STRIDE 
 67.17  participants under Minnesota Statutes, section 256.736, 
 67.18  subdivisions 14a and 20. 
 67.19     Subd. 8.  [AFDC GRANTS.] $1,687,000 is added to the 
 67.20  appropriation for the aid to families with dependent children 
 67.21  program for the fiscal year beginning July 1, 1996. 
 67.22     Subd. 9.  [COUNTY COORDINATION OF FRAUD CONTROL 
 67.23  ACTIVITIES.] $500,000 is appropriated for grants to counties to 
 67.24  implement plans submitted under Minnesota Statutes, section 
 67.25  256.986. 
 67.26     Subd. 10.  [FRAUD PREVENTION INVESTIGATION PROGRAM.] 
 67.27  $500,000 is added to the appropriation to expand the number of 
 67.28  counties participating in the fraud prevention investigation 
 67.29  program. 
 67.30     Subd. 11.  [HUMAN SERVICES ADMINISTRATION.] $1,766,000 is 
 67.31  appropriated to pay for administrative costs.  Of this sum, 
 67.32  $400,000 is available the first year of the biennium for 
 67.33  translation services under Minnesota Statutes, section 256.01, 
 67.34  subdivision 13. 
 67.35     Subd. 12.  [MA GRANTS.] $50,000 is appropriated for MA 
 67.36  grants to implement the waiver for employed disabled persons, 
 68.1   and is available for the fiscal year beginning July 1, 1996. 
 68.2      Sec. 49.  [REPEALER.] 
 68.3      Minnesota Statutes 1994, section 256.734, is repealed. 
 68.4      Sec. 50.  [EFFECTIVE DATE.] 
 68.5      Sections 3 (99 Hour Rule) and 6 (Start Work Offset) are 
 68.6   effective upon federal approval of the applicable waivers.  
 68.7   Section 4 (Parenting Minors) is effective October 1, 1995.  
 68.8   Sections 20 (256.81, clause (7) only), 29 (256D.045), and 34 
 68.9   (256D.09, subdivision 5), are effective July 1, 1996. 
 68.10                             ARTICLE 3
 68.11                WORKING FAMILY CREDITS JOINT VENTURE 
 68.12     Section 1.  Minnesota Statutes 1994, section 13.46, 
 68.13  subdivision 2, is amended to read: 
 68.14     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 68.15  a statute specifically provides a different classification, data 
 68.16  on individuals collected, maintained, used, or disseminated by 
 68.17  the welfare system is private data on individuals, and shall not 
 68.18  be disclosed except:  
 68.19     (1) pursuant to section 13.05; 
 68.20     (2) pursuant to court order; 
 68.21     (3) pursuant to a statute specifically authorizing access 
 68.22  to the private data; 
 68.23     (4) to an agent of the welfare system, including a law 
 68.24  enforcement person, attorney, or investigator acting for it in 
 68.25  the investigation or prosecution of a criminal or civil 
 68.26  proceeding relating to the administration of a program; 
 68.27     (5) to personnel of the welfare system who require the data 
 68.28  to determine eligibility, amount of assistance, and the need to 
 68.29  provide services of additional programs to the individual; 
 68.30     (6) to administer federal funds or programs; 
 68.31     (7) between personnel of the welfare system working in the 
 68.32  same program; 
 68.33     (8) the amounts of cash public assistance and relief paid 
 68.34  to welfare recipients in this state, including their names and, 
 68.35  social security numbers, income, addresses, and other data as 
 68.36  required, upon request by the department of revenue to 
 69.1   administer the property tax refund law, supplemental housing 
 69.2   allowance, early refund of refundable tax credits, and the 
 69.3   income tax.  "Refundable tax credits" means the dependent care 
 69.4   credit under section 290.067, the Minnesota working family 
 69.5   credit under section 290.0671, the property tax refund under 
 69.6   section 290A.04, and, if the required federal waiver or waivers 
 69.7   are granted, the federal earned income tax credit under section 
 69.8   32 of the Internal Revenue Code; 
 69.9      (9) to the Minnesota department of economic security for 
 69.10  the purpose of monitoring the eligibility of the data subject 
 69.11  for reemployment insurance, for any employment or training 
 69.12  program administered, supervised, or certified by that agency, 
 69.13  or for the purpose of administering any rehabilitation program, 
 69.14  whether alone or in conjunction with the welfare system, and to 
 69.15  verify receipt of energy assistance for the telephone assistance 
 69.16  plan; 
 69.17     (10) to appropriate parties in connection with an emergency 
 69.18  if knowledge of the information is necessary to protect the 
 69.19  health or safety of the individual or other individuals or 
 69.20  persons; 
 69.21     (11) data maintained by residential facilities as defined 
 69.22  in section 245A.02 may be disclosed to the protection and 
 69.23  advocacy system established in this state pursuant to Part C of 
 69.24  Public Law Number 98-527 to protect the legal and human rights 
 69.25  of persons with mental retardation or other related conditions 
 69.26  who live in residential facilities for these persons if the 
 69.27  protection and advocacy system receives a complaint by or on 
 69.28  behalf of that person and the person does not have a legal 
 69.29  guardian or the state or a designee of the state is the legal 
 69.30  guardian of the person; 
 69.31     (12) to the county medical examiner or the county coroner 
 69.32  for identifying or locating relatives or friends of a deceased 
 69.33  person; 
 69.34     (13) data on a child support obligor who makes payments to 
 69.35  the public agency may be disclosed to the higher education 
 69.36  coordinating board to the extent necessary to determine 
 70.1   eligibility under section 136A.121, subdivision 2, clause (5); 
 70.2      (14) participant social security numbers and names 
 70.3   collected by the telephone assistance program may be disclosed 
 70.4   to the department of revenue to conduct an electronic data match 
 70.5   with the property tax refund database to determine eligibility 
 70.6   under section 237.70, subdivision 4a; 
 70.7      (15) the current address of a recipient of aid to families 
 70.8   with dependent children may be disclosed to law enforcement 
 70.9   officers who provide the name and social security number of the 
 70.10  recipient and satisfactorily demonstrate that:  (i) the 
 70.11  recipient is a fugitive felon, including the grounds for this 
 70.12  determination; (ii) the location or apprehension of the felon is 
 70.13  within the law enforcement officer's official duties; and (iii) 
 70.14  the request is made in writing and in the proper exercise of 
 70.15  those duties; 
 70.16     (16) the current address of a recipient of general 
 70.17  assistance, work readiness, or general assistance medical care 
 70.18  may be disclosed to probation officers and corrections agents 
 70.19  who are supervising the recipient, and to law enforcement 
 70.20  officers who are investigating the recipient in connection with 
 70.21  a felony level offense; 
 70.22     (17) information obtained from food stamp applicant or 
 70.23  recipient households may be disclosed to local, state, or 
 70.24  federal law enforcement officials, upon their written request, 
 70.25  for the purpose of investigating an alleged violation of the 
 70.26  food stamp act, in accordance with Code of Federal Regulations, 
 70.27  title 7, section 272.1(c); or 
 70.28     (18) data on a child support obligor who is in arrears may 
 70.29  be disclosed for purposes of publishing the data pursuant to 
 70.30  section 518.575. 
 70.31     (b) Information on persons who have been treated for drug 
 70.32  or alcohol abuse may only be disclosed in accordance with the 
 70.33  requirements of Code of Federal Regulations, title 42, sections 
 70.34  2.1 to 2.67. 
 70.35     (c) Data provided to law enforcement agencies under 
 70.36  paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
 71.1   investigative data and are confidential or protected nonpublic 
 71.2   while the investigation is active.  The data are private after 
 71.3   the investigation becomes inactive under section 13.82, 
 71.4   subdivision 5, paragraph (a) or (b). 
 71.5      (d) Mental health data shall be treated as provided in 
 71.6   subdivisions 7, 8, and 9, but is not subject to the access 
 71.7   provisions of subdivision 10, paragraph (b). 
 71.8      Sec. 2.  [JOINT EFFORT; INCENTIVE TO WORK.] 
 71.9      The departments of human services and revenue, in 
 71.10  consultation with the department of economic security, must 
 71.11  jointly develop a plan and seek federal waivers as necessary to 
 71.12  develop a pilot project to provide the following tax credits on 
 71.13  a monthly basis to eligible working taxpayers eligible to 
 71.14  participate in the pilot program:  Minnesota working family 
 71.15  credit under section 290.0671, property tax refund under section 
 71.16  290A.04, dependent care credit under section 290.067, and, if 
 71.17  the required federal waiver or waivers are granted, the federal 
 71.18  earned income tax credit under section 32 of the Internal 
 71.19  Revenue Code.  The commissioners of human services and revenue 
 71.20  shall report on the plan for implementation of the pilot program 
 71.21  to the chairs of the human services policy and funding 
 71.22  committees, and the chairs of the tax committees of the 
 71.23  legislature by January 1, 1996.  
 71.24     Sec. 3.  [PILOT PROGRAM:  EARLY REFUND OF REFUNDABLE TAX 
 71.25  CREDITS.] 
 71.26     Notwithstanding any law to the contrary, the commissioner 
 71.27  of revenue may implement a pilot program to run for one calendar 
 71.28  year beginning in the first quarter of calendar year 1996, to 
 71.29  refund on a monthly basis to persons eligible for the AFDC 
 71.30  program under Minnesota Statutes, sections 256.72 to 256.87, 
 71.31  MFIP under Minnesota Statutes, sections 256.031 to 256.0361, or 
 71.32  persons eligible for the GA program under Minnesota Statutes, 
 71.33  sections 256D.01 to 256D.16 as a family assistance unit, an 
 71.34  amount based on 50 percent of an estimate of how much the 
 71.35  refundable credits of Minnesota Statutes, sections 290.067, 
 71.36  290.0671, and 290A.04, and, if the required federal waiver or 
 72.1   waivers are granted, section 32 of the Internal Revenue Code, 
 72.2   generated in a month exceed the estimated tax imposed under 
 72.3   Minnesota Statutes, section 290.06, for the month.  The 
 72.4   commissioner of revenue shall use information provided by the 
 72.5   commissioner of human services and department of revenue data to 
 72.6   estimate the credits and tax for participating taxpayers.  
 72.7   Taxpayers eligible for the pilot program must complete a form 
 72.8   prepared and distributed by the commissioner of revenue to 
 72.9   participate.  The form must request information necessary for 
 72.10  administering the program, and must include a statement that the 
 72.11  commissioners of human services and revenue will share data 
 72.12  relating to program participants as necessary for program 
 72.13  administration.  Refunds issued under this program will be 
 72.14  considered a tax on the taxpayer for the year in which the 
 72.15  credits are generated for the purposes of assessing and 
 72.16  collecting overpayments of the credits, except that the 
 72.17  commissioner of revenue must abate any interest and penalties 
 72.18  generated by the failure to timely repay any overpaid credits.  
 72.19  By March 1, 1997, the commissioners of revenue and human 
 72.20  services shall report on the implementation of the pilot 
 72.21  program, with recommendations to the chairs of the house and 
 72.22  senate human services policy and funding committees and to the 
 72.23  chairs of the tax committees in both houses. 
 72.24     Sec. 4.  [APPROPRIATION; TAX CREDITS.] 
 72.25     $100,000 is appropriated from the general fund to the 
 72.26  commissioner of revenue for the fiscal year ending June 30, 
 72.27  1996, for purposes of implementing sections 1 to 3. 
 72.28                             ARTICLE 4 
 72.29                   INCOME SUPPORT AND TRANSITION
 72.30     Section 1.  Minnesota Statutes 1994, section 256.035, 
 72.31  subdivision 6d, is amended to read: 
 72.32     Subd. 6d.  [LENGTH OF JOB SEARCH OBLIGATION TO SEEK AND 
 72.33  OBTAIN FULL-TIME EMPLOYMENT.] (a) When the family support 
 72.34  agreement specifies a date when job search should begin, the 
 72.35  parental caregiver must participate in employment search 
 72.36  activities.  If, after three months of search, the parental 
 73.1   caregiver does not find a job that is consistent with the 
 73.2   parental caregiver's employment goal, the parent must accept any 
 73.3   suitable employment.  The search may be extended for up to three 
 73.4   months if the parental caregiver seeks and needs additional job 
 73.5   search assistance. 
 73.6      (b) When the family support agreement specifies job search 
 73.7   consistent with the overall employment goal, the caregiver is 
 73.8   expected to seek and accept full-time employment.  For this 
 73.9   purpose, full-time employment means 30 or more hours a week.  
 73.10  Caregivers who are single parents with a child under six satisfy 
 73.11  this requirement by working 20 or more hours a week. 
 73.12     (c) A caregiver who voluntarily quits suitable employment 
 73.13  without good cause or without agreement of the case manager, or 
 73.14  who is terminated for nonperformance, must contact the case 
 73.15  manager within ten calendar days of the date employment ended to 
 73.16  schedule a meeting to revise the family support agreement.  A 
 73.17  caregiver who fails to contact the case manager within the 
 73.18  required time or fails to attend a scheduled meeting to revise 
 73.19  the family support agreement is subject to sanction.  If the 
 73.20  revised family support agreement specifies job search, the 
 73.21  caregiver must take any suitable employment.  A caregiver who 
 73.22  fails to comply is subject to sanction.  A caregiver who 
 73.23  voluntarily quits suitable employment with good cause or who is 
 73.24  laid off must contact the case manager within ten calendar days 
 73.25  of the date employment ended to schedule a meeting to revise the 
 73.26  family support agreement.  A caregiver who fails to contact the 
 73.27  case manager within the required time or fails to attend a 
 73.28  scheduled meeting to revise the family support agreement is 
 73.29  subject to sanction.  If the family support agreement specifies 
 73.30  job search, the search is limited to three months to find a job 
 73.31  related to the caregiver's overall employment goal.  After three 
 73.32  months, the caregiver must take any suitable employment.  A 
 73.33  caregiver who fails to comply is subject to sanction. 
 73.34                             ARTICLE 5
 73.35                         WORK FIRST PROGRAM 
 73.36     Section 1.  [256.7351] [WORK FIRST PROGRAM.] 
 74.1      Subdivision 1.  [CITATION.] Sections 256.7351 to 256.7359 
 74.2   may be cited as the work first program. 
 74.3      Subd. 2.  [DEFINITIONS.] As used in sections 256.7351 to 
 74.4   256.7359, the following words have the meanings given them. 
 74.5      (a) "AFDC" means aid to families with dependent children. 
 74.6      (b) "AFDC-UP" means AFDC clients who are eligible for 
 74.7   assistance by reason of unemployment as defined by the 
 74.8   commissioner under section 256.12, subdivision 14. 
 74.9      (c) "Applicant" means an individual who has submitted a 
 74.10  request for assistance and has never received an AFDC or FGA 
 74.11  grant through the MAXIS computer system as a caretaker, or an 
 74.12  applicant whose AFDC or FGA application was denied or benefits 
 74.13  were terminated due to noncompliance with work first 
 74.14  requirements. 
 74.15     (d) "Application date" means the date any Minnesota county 
 74.16  agency receives a signed and dated CAF Part I. 
 74.17     (e) "CAF" means a combined application form on which people 
 74.18  apply for multiple assistance programs including:  aid to 
 74.19  families with dependent children, refugee cash assistance, 
 74.20  general assistance, work readiness, Minnesota supplemental aid, 
 74.21  food stamps, medical assistance, general assistance medical 
 74.22  care, emergency assistance, emergency medical assistance, and 
 74.23  emergency general assistance medical care. 
 74.24     (f) "Caretaker" means a parent or eligible adult, including 
 74.25  a pregnant woman, who is part of the assistance unit that has 
 74.26  applied for or is receiving an AFDC or FGA grant. 
 74.27     (g) "Child support" means a voluntary or court-ordered 
 74.28  payment by absent parents in an assistance unit. 
 74.29     (h) "Commissioner" means the commissioner of human services.
 74.30     (i) "Department" means the department of human services. 
 74.31     (j) "Employability development plan" or "EDP" means a plan 
 74.32  developed by the applicant, with advice from the employment 
 74.33  advisor, for the purposes of identifying an employment goal, 
 74.34  improving work skills through certification or education, 
 74.35  training or skills recertification, and which addresses barriers 
 74.36  to employment. 
 75.1      (k) "EDP status report form" means a program form on which 
 75.2   deferred participants indicate what has been achieved in the 
 75.3   participant's EDP and the types of problems encountered. 
 75.4      (l) "Employment advisor" means a program staff who is 
 75.5   qualified to assist the participant to develop a job search or 
 75.6   employability development plan, match the participant with 
 75.7   existing job openings, refer the participant to employers, and 
 75.8   has an extensive knowledge of employers in the area. 
 75.9      (m) "Financial specialist" means a program staff who is 
 75.10  trained to explain the benefits offered under the program, 
 75.11  determine eligibility for different assistance programs, and 
 75.12  broker other resources from employers and the community. 
 75.13     (n) "Job network" means people that a person may contact to 
 75.14  learn more about particular companies, inquire about job leads, 
 75.15  or discuss one's occupational interests and expertise. 
 75.16     (o) "Job search allowance" means the amount of financial 
 75.17  assistance needed to support job search. 
 75.18     (p) "Job search plan" or "JSP" means the specific plan 
 75.19  developed by the applicant, with advice from the employment 
 75.20  advisor, to secure a job as soon as possible, and focus the 
 75.21  scope of the search process and other activities.  Under the 
 75.22  work first program, a job search plan shall meet the 
 75.23  requirements for an EDP under section 256.736, subdivision 10, 
 75.24  paragraph (a), clause (15). 
 75.25     (q) "JSP status report form" means a program form on which 
 75.26  participants indicate the number of submitted job applications, 
 75.27  job interviews held, jobs offered, other outcomes achieved, 
 75.28  problems encountered, and the total number of hours spent on job 
 75.29  search per week. 
 75.30     (r) "Participant" means a recipient who is required to 
 75.31  participate in the work first program. 
 75.32     (s) "Program" means the work first program. 
 75.33     (t) "Provider" means an employment and training agency 
 75.34  certified by the commissioner of economic security under section 
 75.35  268.871, subdivision 1. 
 75.36     (u) "Self-employment" means employment where people work 
 76.1   for themselves rather than an employer, are responsible for 
 76.2   their own work schedule, and do not have taxes or FICA withheld 
 76.3   by an employer. 
 76.4      (v) "Self-sufficiency agreement" means the agreement 
 76.5   between the provider or its representative and the applicant 
 76.6   that describes the activities that the applicant must conduct 
 76.7   and the necessary services and aid to be furnished by the 
 76.8   provider to enable the individual to meet the purpose of either 
 76.9   the JSP or EDP. 
 76.10     (w) "Subsidized job" means a job that is partly reimbursed 
 76.11  by the provider for cost of wages for participants in the 
 76.12  program. 
 76.13     Subd. 3.  [ESTABLISHING WORK FIRST PROGRAM.] The 
 76.14  commissioners of human services and economic security may 
 76.15  develop and establish pilot projects which require applicants 
 76.16  for aid under AFDC under section 256.72, or general assistance 
 76.17  program (FGA) under section 256D.05, subdivision 1, clause (15), 
 76.18  to meet the requirements of the work first program.  The purpose 
 76.19  of the program is to: 
 76.20     (1) ensure that the participant is working as early as 
 76.21  possible; 
 76.22     (2) promote greater opportunity for economic self-support, 
 76.23  participation, and mobility in the work force; and 
 76.24     (3) minimize the risk for long-term welfare dependency. 
 76.25     Subd. 4.  [PROGRAM ADMINISTRATION.] The program must be 
 76.26  administered in a way that, in addition to the county agency, 
 76.27  other sectors in the community such as employers from the public 
 76.28  and private sectors, not-for-profit organizations, educational 
 76.29  and social service agencies, labor unions, and neighborhood 
 76.30  associations are involved. 
 76.31     Subd. 5.  [PROGRAM DESIGN.] The program shall meet the 
 76.32  following principles: 
 76.33     (1) work is the primary means of economic support; 
 76.34     (2) the individuals's potential is reviewed during the 
 76.35  application process to determine how to approach the job market 
 76.36  aggressively; 
 77.1      (3) public aid such as cash and medical assistance, child 
 77.2   care, child support assurance, and other cash benefits are used 
 77.3   to support intensive job search and immediate work; and 
 77.4      (4) maximum use is made of tax credits to supplement income.
 77.5      Subd. 6.  [WAIVER REQUESTS.] The department shall request 
 77.6   all waivers as soon as possible to implement the program in 
 77.7   coordination with section 256D.055, provided that all conditions 
 77.8   are met under section 256.01, subdivision 2, clause (12).  Upon 
 77.9   obtaining all waivers, the department shall amend the state 
 77.10  plans for the AFDC and the Jobs Opportunities and Basic Skills 
 77.11  Program (JOBS), and Supportive Services plan to coordinate these 
 77.12  programs under the work first program for the pilot counties, 
 77.13  and shall seek approval of state plan amendments.  The 
 77.14  department shall request all waivers from federal statutes and 
 77.15  regulations to qualify the program as a federally approved 
 77.16  demonstration project under section 1115 of the Social Security 
 77.17  Act. 
 77.18     Subd. 7.  [DUTIES OF COMMISSIONER.] In addition to any 
 77.19  other duties imposed by law, the commissioner shall:  
 77.20     (1) request all waivers to implement the program; 
 77.21     (2) establish the program according to sections 256.7351 to 
 77.22  256.7359 and allocate money as appropriate to pilot counties 
 77.23  participating in the program; 
 77.24     (3) provide systems development and staff training; 
 77.25     (4) accept and supervise the disbursement of any funds that 
 77.26  may be provided from other sources for use in the demonstration 
 77.27  program; and 
 77.28     (5) direct a study to safeguard the interests of children. 
 77.29     Subd. 8.  [DUTIES OF COUNTY AGENCY.] The county agency 
 77.30  shall: 
 77.31     (1) collaborate with the commissioners of human services 
 77.32  and economic security and other agencies to develop, implement, 
 77.33  and evaluate the demonstration of the work first program; 
 77.34     (2) operate the work first program in partnership with 
 77.35  private and public employers, local industry councils, labor 
 77.36  unions, and employment, educational, and social service agencies 
 78.1   and according to subdivision 4; 
 78.2      (3) ensure that program components such as client 
 78.3   orientation, immediate job search, job development, creation of 
 78.4   temporary public service jobs, job placements, and post 
 78.5   placement follow-up are implemented according to the work first 
 78.6   program; and 
 78.7      (4) for job assignments under section 256.7355 provide 
 78.8   written notification to and obtain the written concurrence of 
 78.9   the appropriate exclusive bargaining representatives with 
 78.10  respect to job duties covered under collective bargaining 
 78.11  agreements and ensure that no work assignment under this section 
 78.12  results in:  (i) termination, layoff, or reduction of the work 
 78.13  hours of an employee for the purpose of hiring an individual 
 78.14  under this section; (ii) the hiring of an individual if any 
 78.15  other person is on layoff from the same or a substantially 
 78.16  equivalent job; (iii) any infringement of the promotional 
 78.17  opportunities of any currently employed individual; (iv) the 
 78.18  impairment of existing contract for services of collective 
 78.19  bargaining agreements; or (v) a participant filling an 
 78.20  established unfilled position vacancy, except for on-the-job 
 78.21  training under this section.  If there is a dispute between an 
 78.22  exclusive bargaining representative and a county or public work 
 78.23  employer over whether or not job duties are covered under a 
 78.24  collective bargaining agreement, the exclusive bargaining 
 78.25  representative, the county, or the public works employer may 
 78.26  petition the bureau of mediation services, who shall determine 
 78.27  if the job duties are covered by a collective bargaining 
 78.28  agreement. 
 78.29     Subd. 9.  [DUTIES OF PARTICIPANT.] To be eligible for an 
 78.30  AFDC or family GA benefit, a participant shall cooperate with 
 78.31  the county agency, the provider, and the participant's employer 
 78.32  in all aspects of the program. 
 78.33     Sec. 2.  [256.7352] [PROGRAM PARTICIPANTS; PROGRAM 
 78.34  EXPECTATIONS.] 
 78.35     All applicants selected for participation are expected to 
 78.36  meet the requirements under the work first program.  Payments 
 79.1   for rent and utilities up to the AFDC or FGA benefits to which 
 79.2   the assistance unit is entitled will be vendor paid for as many 
 79.3   months as the applicant is eligible or six months, whichever 
 79.4   comes first.  The residual amount after vendor payment, if any, 
 79.5   will be paid to the AFDC or FGA applicant or recipient, unless 
 79.6   it is used as a wage subsidy under section 256.7354, subdivision 
 79.7   2. 
 79.8      Sec. 3.  [256.7353] [PROGRAM REQUIREMENTS.] 
 79.9      Subdivision 1.  [NOTIFICATION OF PROGRAM.] Except for the 
 79.10  provisions in this section, the provisions for AFDC and FGA 
 79.11  application process shall be followed.  Within two days after 
 79.12  the receipt of a completed combined application form, the county 
 79.13  agency must refer to the provider the applicant who meets the 
 79.14  conditions under section 256.7352, and notify the applicant in 
 79.15  writing of the program including the following provisions: 
 79.16     (1) notification that, as part of the application process, 
 79.17  applicants are required to attend orientation, to be followed 
 79.18  immediately by a job search; 
 79.19     (2) the program provider, the date, time, and location of 
 79.20  the scheduled program orientation; 
 79.21     (3) the procedures for qualifying for and receiving 
 79.22  benefits under the program; 
 79.23     (4) the immediate availability of supportive services, 
 79.24  including, but not limited to, child care, transportation, 
 79.25  medical assistance, and other work-related aid; and 
 79.26     (5) the rights, responsibilities, and obligations of 
 79.27  participants in the program, including, but not limited to, the 
 79.28  grounds for exemptions and deferrals, the consequences for 
 79.29  refusing or failing to participate fully, and the appeal process.
 79.30     Subd. 2.  [PROGRAM ORIENTATION.] The provider must give a 
 79.31  face-to-face orientation regarding the program to the applicant 
 79.32  within five days after the date of application.  The orientation 
 79.33  must be designed to inform the applicant of: 
 79.34     (1) the importance of locating and obtaining a job as soon 
 79.35  as possible; 
 79.36     (2) benefits to be provided to support work; 
 80.1      (3) the manner by which benefits shall be paid; 
 80.2      (4) how other supportive services such as medical 
 80.3   assistance, child care, transportation, and other work-related 
 80.4   aid shall be available to support job search and work; 
 80.5      (5) the consequences for failure without good cause to 
 80.6   comply with program requirements; and 
 80.7      (6) the appeal process. 
 80.8      Subd. 3.  [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL 
 80.9   SPECIALIST.] At the end of orientation, the provider must assign 
 80.10  an employment advisor and a financial specialist to the 
 80.11  applicant.  With advice from the employment advisor, the 
 80.12  applicant must develop a job search plan (JSP) based on existing 
 80.13  job markets, prior employment, work experience, and transferable 
 80.14  work skills, unless exempt under subdivision 5.  A job search 
 80.15  must be planned and conducted for a period of up to eight 
 80.16  consecutive weeks from the date of application and for at least 
 80.17  32 hours per week.  The types of and target number of job 
 80.18  openings to be pursued per week must be written in the job 
 80.19  search plan.  The following activities may be included in the 
 80.20  job search plan: 
 80.21     (1) motivational counseling; 
 80.22     (2) job networking or training on how to locate job 
 80.23  openings; 
 80.24     (3) development of a personal resume; and 
 80.25     (4) information on how to conduct job interviews and 
 80.26  establish a personal job network. 
 80.27     Following the development of the JSP or the employability 
 80.28  development plan (EDP) under subdivision 9, the financial 
 80.29  specialist must interview the applicant to determine eligibility 
 80.30  for and the extent of benefits under sections 256.7356 and 
 80.31  256.7357 to support the job search or employability development 
 80.32  plan.  The provider must attach to the appropriate plan the 
 80.33  summary of the necessary enabling services and benefits to be 
 80.34  furnished by the provider.  The provider or its representative 
 80.35  and the applicant must sign the plan, with its attachment, to 
 80.36  indicate a self-sufficiency agreement between the provider and 
 81.1   the participant. 
 81.2      Subd. 4.  [IMMEDIATE JOB SEARCH.] An applicant must be 
 81.3   required to begin job search within seven days after the date of 
 81.4   application for at least 32 hours per week for up to eight 
 81.5   weeks, unless exempted under subdivision 5 or deferred under 
 81.6   subdivision 9.  For an applicant who is working at least 20 
 81.7   hours per week, job search shall consist of 12 hours per week 
 81.8   for up to eight weeks.  Within the first five days of job 
 81.9   search, the applicant is required to initiate informational 
 81.10  contacts with prospective employers, generate additional job 
 81.11  leads from the job network, review references and experiences 
 81.12  from previous employment, and carry out the other activities 
 81.13  under the job search plan developed under subdivision 3. 
 81.14     Subd. 5.  [EXEMPTION CATEGORIES.] The applicant will be 
 81.15  exempted from the job search requirements and development of JSP 
 81.16  and EDP under subdivisions 3, 4 and 8 if the applicant belongs 
 81.17  to any of the following groups: 
 81.18     (1) caretakers under age 20 who have not completed a high 
 81.19  school education and are attending high school on a full-time 
 81.20  basis; 
 81.21     (2) individuals who are age 60 or older; 
 81.22     (3) individuals who are suffering from a professionally 
 81.23  certified permanent or temporary illness, injury, or incapacity 
 81.24  which is expected to continue for more than 30 days and which 
 81.25  prevents the person from obtaining or retaining employment; 
 81.26     (4) caretakers whose presence in the home is needed because 
 81.27  of illness or incapacity of another member in the household; 
 81.28     (5) women who are pregnant, if it has been medically 
 81.29  verified that the child is expected to be born within the next 
 81.30  six months; 
 81.31     (6) caretakers or other caretaker relatives of a child 
 81.32  under the age of three who personally provide full-time care for 
 81.33  the child; 
 81.34     (7) individuals employed at least 30 hours per week; 
 81.35     (8) individuals for whom participation would require a 
 81.36  round trip commuting time by available transportation of more 
 82.1   than two hours, excluding transporting of children for child 
 82.2   care; 
 82.3      (9) individuals for whom lack of proficiency in English is 
 82.4   a barrier to employment, provided such individuals are 
 82.5   participating in an intensive program which lasts no longer than 
 82.6   six months and is designed to remedy their language deficiency; 
 82.7   individuals who, because of advanced age or lack of ability, are 
 82.8   incapable of gaining proficiency in English, as determined by 
 82.9   the county social worker, shall continue to be exempt under this 
 82.10  subdivision and are not subject to the requirement that they be 
 82.11  participating in a language program; 
 82.12     (10) individuals under such duress that they are incapable 
 82.13  of participating in the program, as determined by the county 
 82.14  social worker; or 
 82.15     (11) individuals in need of refresher courses for purposes 
 82.16  of obtaining professional certification or licensure. 
 82.17     Subd. 6.  [AFDC-UP APPLICANTS.] All applicants and 
 82.18  recipients under the AFDC-UP program will be required to meet 
 82.19  the requirements in the community work experience program under 
 82.20  section 256.737, instead of the requirements in subdivisions 4 
 82.21  to 14.  
 82.22     Subd. 6a.  [DESIGNATED PARTICIPANT IN FGA FAMILIES.] Unless 
 82.23  all adult members of an FGA family are exempt under section 
 82.24  256.7343, subdivision 1, one adult in the family must be 
 82.25  designated to participate in all the requirements under this 
 82.26  section.  If the household contains more than one exempt adult, 
 82.27  the adults may determine which adult must participate.  If no 
 82.28  designation is made or if the adults cannot agree, the county 
 82.29  shall designate the adult having earned the greater income, 
 82.30  including in-kind income, during the 24-month period immediately 
 82.31  preceding the month of application for general assistance, as 
 82.32  the adult that must participate.  When there are no earnings or 
 82.33  when earnings are identical for each adult, the county agency 
 82.34  shall designate which adult must participate. 
 82.35     Subd. 7.  [COUNTY DUTIES.] The county must act on the 
 82.36  application within 30 days of the application date.  If the 
 83.1   applicant is not eligible, the application will be denied and 
 83.2   the county must notify the applicant of the denial in writing.  
 83.3   An applicant whose application has been denied may be allowed to 
 83.4   complete the job search plan; however, supportive services will 
 83.5   not be provided. 
 83.6      Subd. 8.  [JOB SEARCH STATUS REPORT.] The applicant or 
 83.7   participant must submit a completed JSP status report form to 
 83.8   the employment advisor every two weeks during the job search 
 83.9   process, with the first completed form due 21 days after the 
 83.10  date of application. 
 83.11     Subd. 9.  [EMPLOYABILITY DEVELOPMENT PLAN.] At the 
 83.12  discretion and approval of the employment advisor, the applicant 
 83.13  may be deferred from the requirement to conduct at least 32 
 83.14  hours of job search per week for up to eight consecutive weeks, 
 83.15  if during the development of the job search plan, the applicant 
 83.16  is determined to: 
 83.17     (1) not have worked within the past 12 months and not have 
 83.18  a high school or a general equivalency diploma provided the 
 83.19  applicant agrees to develop and carry out an EDP instead of job 
 83.20  search, and concurrently work for at least 16 hours per week in 
 83.21  a temporary public service job.  The EDP must include the 
 83.22  employment goals and specific outcomes the participant must 
 83.23  achieve; 
 83.24     (2) be within six months of completing any post-secondary 
 83.25  training program, provided that the applicant agrees to develop 
 83.26  and carry out an EDP instead of a job search, and concurrently 
 83.27  work for a minimum number of hours per week in a temporary 
 83.28  public service job.  The EDP must include the employment goal 
 83.29  and specific outcomes that the participant must achieve.  The 
 83.30  applicant that is deferred under this subdivision may choose to 
 83.31  work in a job other than a public service job for a minimum 
 83.32  number of hours per week rather than in a temporary public 
 83.33  service job.  For individuals who are participating in an 
 83.34  educational program under this paragraph and who are attending 
 83.35  school full time as determined by the institution there is no 
 83.36  work requirement.  
 84.1      For individuals participating in an educational program on 
 84.2   a part-time basis as determined by the institution, the minimum 
 84.3   number of hours that a participant must work shall be decreased 
 84.4   as the participant increases the number of credit hours taken, 
 84.5   except that the participant shall not be required to work more 
 84.6   than eight hours per week.  
 84.7      During vacation periods of one month or more, the 16-hour 
 84.8   per week minimum work requirement shall apply. 
 84.9   The applicant may be deferred for up to six months.  At the end 
 84.10  of the deferment period, the participant must develop a job 
 84.11  search plan and conduct at least 32 hours of job search per week 
 84.12  for up to eight consecutive weeks, and submit reports as 
 84.13  required under subdivisions 3 and 4; or 
 84.14     (3) be in treatment for chemical dependency, be a victim of 
 84.15  domestic abuse, or be homeless, provided that the applicant 
 84.16  agrees to develop an EDP instead of a JSP, and immediately 
 84.17  follow through with the activities in the EDP.  The EDP must 
 84.18  include specific outcomes that the applicant must achieve for 
 84.19  the duration of the EDP and activities which are needed to 
 84.20  address the issues identified.  Under this clause, the applicant 
 84.21  may be deferred for up to eight weeks. 
 84.22     Subd. 10.  [EDP STATUS REPORT.] The participant who is 
 84.23  deferred from job search under subdivision 9 must submit a 
 84.24  completed EDP status report form to the employment advisor every 
 84.25  14 days as long as the participant continues to be deferred, 
 84.26  with the first completed form due 21 days after the date of 
 84.27  application. 
 84.28     Subd. 11.  [JOB OFFER.] The participant must not refuse any 
 84.29  job offer, provided that the job is within the participant's 
 84.30  physical and mental abilities, pays hourly gross wages of not 
 84.31  less than the applicable state or federal minimum wage, and 
 84.32  meets health and safety standards set by federal, state, and 
 84.33  local agencies.  If a job is offered, the participant must 
 84.34  inform the provider immediately to redetermine eligibility for 
 84.35  and extent of benefits and services to support work.  To enhance 
 84.36  job retention, the provider may provide services such as 
 85.1   motivational counseling or on-site problem solving for up to six 
 85.2   months.  The participant who has completed at least six months 
 85.3   of work in a nonsubsidized job shall be encouraged to 
 85.4   participate in a training program that would improve the 
 85.5   participant's ability to obtain a job that pays a higher wage. 
 85.6      Subd. 12.  [DUTY TO REPORT.] The participant must 
 85.7   immediately inform the provider regarding any changes related to 
 85.8   the participant's employment status. 
 85.9      Subd. 13.  [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC 
 85.10  SERVICE JOB.] (a) If after the completion of the maximum eight 
 85.11  weeks of job search the participant has failed to secure a 
 85.12  nonsubsidized or a subsidized job for at least 32 hours per 
 85.13  week, or does not earn a net income from self-employment that is 
 85.14  equal to at least the AFDC or FGA monthly grant for the 
 85.15  household size, whichever is applicable, the participant is 
 85.16  required to work in a temporary public service job for up to 67 
 85.17  working days for (1) at least 32 hours per week, or (2) a period 
 85.18  equivalent to the result of dividing the AFDC or FGA grant 
 85.19  amount which the participant would otherwise receive, whichever 
 85.20  is applicable, by the federal hourly minimum wage, or applicable 
 85.21  hourly state minimum wage, or the hourly rate of pay for 
 85.22  individuals employed in the same occupation at the site, 
 85.23  whichever is highest.  If the result is more than 128 hours per 
 85.24  month, the participant's requirement to work in a temporary 
 85.25  public service job shall not be more than 32 hours per week. 
 85.26     (b) Within seven days from the date of application, the 
 85.27  participant that is deferred under subdivision 9, clause (1) or 
 85.28  (2), and is participating in an educational program on a 
 85.29  part-time basis must work in a temporary public service job as 
 85.30  required under subdivision 9, clause (2).  
 85.31     (c) The provider shall strive to match the profile of the 
 85.32  participant with the needs of the employers that are 
 85.33  participating in a temporary jobs program under section 256.7355.
 85.34     Subd. 14.  [TERMINATION OF WORK ASSIGNMENT.] Work 
 85.35  assignments are governed by section 256.7341. 
 85.36     Sec. 4.  [256.7354] [JOB DEVELOPMENT AND SUBSIDY.] 
 86.1      Subdivision 1.  [JOB INVENTORY.] The provider must develop 
 86.2   an inventory of job openings including full-time, part-time, 
 86.3   permanent, temporary or seasonal, and training positions, in 
 86.4   partnership with private and public employers, local industry 
 86.5   councils, and employment agencies.  To the extent possible, the 
 86.6   inventory must include specific information regarding job 
 86.7   openings, must be updated on a weekly basis, and must be 
 86.8   available to all participants on a daily basis. 
 86.9      Subd. 2.  [JOB SUBSIDY.] The county may use all or part of 
 86.10  AFDC or FGA benefits as a subsidy to employers for the purpose 
 86.11  of providing work experience or training to the participant who 
 86.12  has completed the job search plan, provided that (1) the job to 
 86.13  be subsidized is permanent and full time, and pays an hourly 
 86.14  rate of at least $6 per hour; (2) the employer agrees to retain 
 86.15  the participant after satisfactory completion of the work 
 86.16  experience or training period; and (3) the participant has first 
 86.17  tried to secure a nonsubsidized job by following the job search 
 86.18  plan.  The subsidy may be available for up to six months. 
 86.19     Sec. 5.  [256.7355] [TEMPORARY JOBS PROGRAM.] 
 86.20     Subdivision 1.  [PROGRAM ESTABLISHED.] The provider must 
 86.21  establish and operate a program to provide temporary jobs to 
 86.22  participants who, after eight weeks of job search, are not hired 
 86.23  into a nonsubsidized or a subsidized job, or are deferred under 
 86.24  section 256.7353, subdivision 9.  The temporary jobs to be 
 86.25  created under this section must be public service jobs that 
 86.26  serve a useful public service such as:  health, social service, 
 86.27  environmental protection, education, urban and rural development 
 86.28  and redevelopment, welfare, recreation, public facilities, 
 86.29  public safety, community service, services to the aged or 
 86.30  disabled citizens, and child care. 
 86.31     Subd. 2.  [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE 
 86.32  JOBS.] The provider must assign the participant that is within 
 86.33  completion of the required eight weeks of job search and has 
 86.34  failed to secure a nonsubsidized or a subsidized job for at 
 86.35  least 32 hours per week, or does not earn a net income from 
 86.36  self-employment that is equal to at least the AFDC or FGA 
 87.1   monthly grant for the household size, whichever is applicable, 
 87.2   to a temporary public service job.  The assignment must be made 
 87.3   seven days before the end of the job search and be based on 
 87.4   section 256.7353, subdivision 13.  The participant that is 
 87.5   deferred under section 256.7353, subdivision 9, will be assigned 
 87.6   by the provider to a temporary public service job within seven 
 87.7   days after the application. 
 87.8      Subd. 3.  [PARTICIPANT'S STATUS.] The participant who is 
 87.9   working in a temporary public service job under this section is 
 87.10  not considered an employee for the purposes of unemployment 
 87.11  insurance compensation, retirement, or civil service laws, and 
 87.12  shall not perform work ordinarily performed by a public employee.
 87.13     Subd. 4.  [CONTINUOUS JOB SEARCH REQUIREMENT.] At the 
 87.14  discretion of the employer or the provider, the participant who 
 87.15  is working in a temporary public service job under section 
 87.16  256.7353, subdivision 13, may be required to continue to look 
 87.17  for a job for up to eight hours per week.  
 87.18     Subd. 5.  [EXCUSED ABSENCES.] The participant who is 
 87.19  working in a temporary public service job may be allowed excused 
 87.20  absences from the assigned temporary job site up to eight hours 
 87.21  per month.  For the purposes of this subdivision, "excused 
 87.22  absence" means absence due to temporary illness or injury of the 
 87.23  caretaker or a member of the caretaker's family, the 
 87.24  unavailability of licensed child care or unavailability of 
 87.25  transportation needed to go to and from the work site, a job 
 87.26  interview, or a nonmedical emergency.  For the purposes of this 
 87.27  subdivision, "emergency" means a sudden, unexpected occurrence 
 87.28  or situation of a serious or urgent nature that requires action. 
 87.29     Subd. 6.  [MOVE TO A DIFFERENT COUNTY.] If the applicant or 
 87.30  recipient who is required to participate in the work first 
 87.31  program moves to a different county in Minnesota, the benefits 
 87.32  and enabling services agreed upon in the self-sufficiency 
 87.33  agreement shall be provided by the pilot county where the 
 87.34  applicant or recipient originated, so long as the move was part 
 87.35  of the job search or employability development plan.  If the 
 87.36  applicant or recipient is moving to a different county for 
 88.1   failure to comply with the requirement of the work first 
 88.2   program, the applicant or recipient will not be eligible for 
 88.3   AFDC or FGA in Minnesota for at least six months from the date 
 88.4   of the move. 
 88.5      Sec. 6.  [256.7356] [TRANSITIONAL BENEFITS TO SUPPORT WORK; 
 88.6   RENT AND UTILITIES VENDOR PAYMENT.] 
 88.7      Payments for rent and utilities up to the amount of AFDC or 
 88.8   FGA benefits to which the assistance unit is entitled shall be 
 88.9   provided in the form of vendor payments for as many months as 
 88.10  the applicant is eligible or six months, whichever comes first.  
 88.11  The residual amount after vendor payment, if any, will be paid 
 88.12  to the AFDC or FGA recipient, unless it is used as a wage 
 88.13  subsidy under section 256.7344, subdivision 2.  This provision 
 88.14  shall apply to all applicants including those meeting the 
 88.15  exemption categories under section 256.7353, subdivision 5, or 
 88.16  deferral categories under section 256.7353, subdivision 9.  To 
 88.17  the extent needed, a job search allowance shall be provided for 
 88.18  up to eight weeks to cover expenses related to the job search.  
 88.19  Before the job search allowance is issued, it must be approved 
 88.20  by the employment advisor and financial specialist, and clearly 
 88.21  described in the job search. 
 88.22     Sec. 7.  [256.7357] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL 
 88.23  ASSISTANCE, AND CHILD CARE.] 
 88.24     The participant shall be treated as an AFDC or FGA 
 88.25  recipient for food stamps, medical assistance, and child care 
 88.26  eligibility purposes.  As with an AFDC recipient, the 
 88.27  participant who leaves the program as a result of increased 
 88.28  earnings from employment shall be eligible for transitional 
 88.29  medical assistance and child care. 
 88.30     Sec. 8.  [256.7358] [SANCTIONS AND APPEAL PROCESS.] 
 88.31     Subdivision 1.  [GOOD CAUSE.] (a) For the purpose of this 
 88.32  subdivision, "good cause" means absence due to temporary illness 
 88.33  or injury of the participant or a member of the participant's 
 88.34  family; the unavailability of licensed child care or 
 88.35  unavailability of transportation needed to attend orientation or 
 88.36  conduct job search; or a nonmedical emergency as defined under 
 89.1   section 256.7353, subdivision 5. 
 89.2      (b) The applicant who is required, but fails, without good 
 89.3   cause, to participate in orientation, complete the JSP or EDP, 
 89.4   and comply with the job search requirements under section 
 89.5   256.7353 prior to being eligible for AFDC or FGA shall be denied 
 89.6   AFDC or FGA benefits.  The applicant will not be eligible for 
 89.7   AFDC or FGA benefits in Minnesota for at least six months.  
 89.8      (c) Following participation in the orientation, completion 
 89.9   of JSP or EDP and participation in job search under section 
 89.10  256.7353, but before being determined eligible for AFDC or FGA 
 89.11  recipients in AFDC-UP cases who are subject to the vendor 
 89.12  payment provisions under section 256.7356 are subject to the job 
 89.13  search, work experience, and sanction provisions of sections 
 89.14  256.736, subdivision 14, and 256.737 and not the job search and 
 89.15  work provisions under work first. 
 89.16     (d) If, after receiving a written warning from the county, 
 89.17  the participant fails without good cause, to conduct at least 32 
 89.18  hours of job search per week in any given two-week period, the 
 89.19  participant will be immediately required to work for at least 16 
 89.20  hours per week in a temporary public service job.  The required 
 89.21  32 hours per week of job search will be reduced to 16 hours. 
 89.22     (e) If the participant who is deferred under section 
 89.23  256.7353, subdivision 9, fails to comply with the activities 
 89.24  described in the EDP, the participant will lose the deferment 
 89.25  status, provided that the participant has received at least two 
 89.26  written warnings from the provider. 
 89.27     (f) If the participant refuses to work in a temporary 
 89.28  public service job, or is terminated from a temporary public 
 89.29  service job for failure to work, benefits to the assistance unit 
 89.30  shall be terminated and the participant shall not be eligible 
 89.31  for aid under the AFDC or FGA program for at least six months 
 89.32  from the date of refusal or termination.  If the participant 
 89.33  before completing at least four consecutive months of employment 
 89.34  voluntarily quits or is terminated from a nonsubsidized or a 
 89.35  subsidized job, the participant shall immediately be assigned to 
 89.36  work in a temporary public service job for at least 32 hours per 
 90.1   week for up to 67 working days unless the participant is hired 
 90.2   or rehired into a nonsubsidized or subsidized job. 
 90.3      Subd. 2.  [NOTICE OF SANCTIONS.] If the county determines 
 90.4   that the participant has failed or refused without good cause as 
 90.5   defined in subdivision 1, to cooperate with the program 
 90.6   requirements, the county shall inform the participant in writing 
 90.7   of its intent to impose an applicable sanction listed under 
 90.8   subdivision 1 and the opportunity to have a conciliation 
 90.9   conference upon request and within five days of receipt of the 
 90.10  notice before a sanction is imposed.  
 90.11     Sec. 9.  [256.7359] [FUNDING.] 
 90.12     Subdivision 1.  [BLOCK GRANT.] A block grant to fund the 
 90.13  entire program including, but not limited to, the costs for 
 90.14  program administration and provision of cash benefits and 
 90.15  program services including the entire costs of vendor payments 
 90.16  made on behalf of clients and the entire cost of the temporary 
 90.17  jobs program, will be paid to the county agency or provider 
 90.18  participating in the work first program.  Counties may request 
 90.19  additional funds if there are unexpected increases in caseload. 
 90.20     Subd. 2.  [LEVERAGING GRANT AMOUNT TO SECURE OTHER 
 90.21  FUNDS.] The county agency or the provider in cooperation with 
 90.22  the department may leverage the grant amount to secure other 
 90.23  funds from employers, foundations, and the community for the 
 90.24  purpose of developing additional components to benefit children 
 90.25  and improve the program. 
 90.26     Subd. 3.  [EMPLOYER REIMBURSEMENT.] The employer shall be 
 90.27  reimbursed for wages paid to participants under section 
 90.28  256.7354, subdivision 2. 
 90.29     Sec. 10.  [APPROPRIATION; WORK FOCUS; WORK FIRST PROGRAM.] 
 90.30     $1,025,000 is appropriated from the general fund to the 
 90.31  commissioner of human services for the biennium ending June 30, 
 90.32  1997, for purposes of implementing the work focus program under 
 90.33  Minnesota Statutes, section 256D.055, and work first in sections 
 90.34  1 to 9. 
 90.35                             ARTICLE 6
 90.36               GENERAL ASSISTANCE AND WORK READINESS
 91.1                     FOOD STAMP WORK AND TRAINING
 91.2      Section 1.  Minnesota Statutes 1994, section 256D.05, 
 91.3   subdivision 1, is amended to read: 
 91.4      Subdivision 1.  [ELIGIBILITY.] (a) Each person or family 
 91.5   whose income and resources are less than the standard of 
 91.6   assistance established by the commissioner and who is a resident 
 91.7   of the state shall be eligible for and entitled to general 
 91.8   assistance if the person or family is: 
 91.9      (1) a person who is suffering from a professionally 
 91.10  certified permanent or temporary illness, injury, or incapacity 
 91.11  which is expected to continue for more than 30 days and which 
 91.12  prevents the person from obtaining or retaining employment; 
 91.13     (2) a person whose presence in the home on a substantially 
 91.14  continuous basis is required because of the professionally 
 91.15  certified illness, injury, incapacity, or the age of another 
 91.16  member of the household; 
 91.17     (3) a person who has been placed in, and is residing in, a 
 91.18  licensed or certified facility for purposes of physical or 
 91.19  mental health or rehabilitation, or in an approved chemical 
 91.20  dependency domiciliary facility, if the placement is based on 
 91.21  illness or incapacity and is pursuant to a plan developed or 
 91.22  approved by the county agency through its director or designated 
 91.23  representative; 
 91.24     (4) a person who resides in a shelter facility described in 
 91.25  subdivision 3; 
 91.26     (5) a person not described in clause (1) or (3) who is 
 91.27  diagnosed by a licensed physician, psychological practitioner, 
 91.28  or other qualified professional, as mentally retarded or 
 91.29  mentally ill, and that condition prevents the person from 
 91.30  obtaining or retaining employment; 
 91.31     (6) a person who has an application pending for, or is 
 91.32  appealing termination of benefits from, the social security 
 91.33  disability program or the program of supplemental security 
 91.34  income for the aged, blind, and disabled, provided the person 
 91.35  has a professionally certified permanent or temporary illness, 
 91.36  injury, or incapacity which is expected to continue for more 
 92.1   than 30 days and which prevents the person from obtaining or 
 92.2   retaining employment; 
 92.3      (7) a person who is unable to obtain or retain employment 
 92.4   because advanced age significantly affects the person's ability 
 92.5   to seek or engage in substantial work; 
 92.6      (8) a person who, following participation in the work 
 92.7   readiness program, completion of an individualized employability 
 92.8   assessment by the work readiness service provider, and 
 92.9   consultation between the county agency and the work readiness 
 92.10  service provider, the work readiness service provider determines 
 92.11  is not employable. has been assessed by a vocational specialist 
 92.12  and, in consultation with the county agency, has been determined 
 92.13  to be unemployable for purposes of this item, a person is 
 92.14  considered employable if the county agency determines that there 
 92.15  exist positions of employment in the local labor market, 
 92.16  regardless of the current availability of openings for those 
 92.17  positions, that the person is capable of performing.  The 
 92.18  person's eligibility under this category must be reassessed at 
 92.19  least annually by the county agency and must be based upon the 
 92.20  results of a new individualized employability assessment 
 92.21  completed by the work readiness service provider.  The recipient 
 92.22  shall, if otherwise eligible, continue to receive general 
 92.23  assistance while the annual individualized employability 
 92.24  assessment is completed by the work readiness service provider, 
 92.25  rather than receive work readiness payments under section 
 92.26  256D.051.  Subsequent eligibility for general assistance is 
 92.27  dependent upon the county agency determining, following 
 92.28  consultation with the work readiness service provider, that the 
 92.29  person is not employable, or the person meeting the requirements 
 92.30  of another general assistance category of eligibility;.  The 
 92.31  county agency must provide notice to the person not later than 
 92.32  30 days before annual eligibility under this item ends, 
 92.33  informing the person of the date annual eligibility will end and 
 92.34  the need for vocational assessment if the person wishes to 
 92.35  continue eligibility under this clause.  For purposes of 
 92.36  establishing eligibility under this clause, it is the 
 93.1   applicant's or recipient's duty to obtain any needed vocational 
 93.2   assessment; 
 93.3      (9) a person who is determined by the county agency, in 
 93.4   accordance with emergency and permanent rules adopted by the 
 93.5   commissioner, to be learning disabled, provided that if a 
 93.6   rehabilitation plan for the person is developed or approved by 
 93.7   the county agency, the person is following the plan; 
 93.8      (10) a child under the age of 18 who is not living with a 
 93.9   parent, stepparent, or legal custodian, but only if:  the child 
 93.10  is legally emancipated or living with an adult with the consent 
 93.11  of an agency acting as a legal custodian; the child is at least 
 93.12  16 years of age and the general assistance grant is approved by 
 93.13  the director of the county agency or a designated representative 
 93.14  as a component of a social services case plan for the child; or 
 93.15  the child is living with an adult with the consent of the 
 93.16  child's legal custodian and the county agency.  For purposes of 
 93.17  this clause, "legally emancipated" means a person under the age 
 93.18  of 18 years who:  (i) has been married; (ii) is on active duty 
 93.19  in the uniformed services of the United States; (iii) has been 
 93.20  emancipated by a court of competent jurisdiction; or (iv) is 
 93.21  otherwise considered emancipated under Minnesota law, and for 
 93.22  whom county social services has not determined that a social 
 93.23  services case plan is necessary, for reasons other than that the 
 93.24  child has failed or refuses to cooperate with the county agency 
 93.25  in developing the plan; 
 93.26     (11) a woman in the last trimester of pregnancy who does 
 93.27  not qualify for aid to families with dependent children.  A 
 93.28  woman who is in the last trimester of pregnancy who is currently 
 93.29  receiving aid to families with dependent children may be granted 
 93.30  emergency general assistance to meet emergency needs; 
 93.31     (12) a person who is eligible for displaced homemaker 
 93.32  services, programs, or assistance under section 268.96, but only 
 93.33  if that person is enrolled as a full-time student; 
 93.34     (13) a person who lives more than two hours round-trip 
 93.35  traveling time from any potential suitable employment; 
 93.36     (14) a person who is involved with protective or 
 94.1   court-ordered services that prevent the applicant or recipient 
 94.2   from working at least four hours per day; 
 94.3      (15) (i) a family as defined in section 256D.02, 
 94.4   subdivision 5, which is ineligible for the aid to families with 
 94.5   dependent children program.  If all children in the family are 
 94.6   six years of age or older, or if suitable child care is 
 94.7   available for children under age six at no cost to the family, 
 94.8   all the adult members of the family must register for and 
 94.9   cooperate in the work readiness program under section 256D.051.  
 94.10  If one or more of the children is under the age of six and 
 94.11  suitable child care is not available without cost to the family, 
 94.12  all the adult members except one adult member must register for 
 94.13  and cooperate with the work readiness program under section 
 94.14  256D.051.  The adult member who must participate in the work 
 94.15  readiness program is the one having earned the greater of the 
 94.16  incomes, excluding in-kind income, during the 24-month period 
 94.17  immediately preceding the month of application for assistance.  
 94.18  When there are no earnings or when earnings are identical for 
 94.19  each adult, the applicant must designate the adult who must 
 94.20  participate in work readiness and that designation must not be 
 94.21  transferred or changed after program eligibility is determined 
 94.22  as long as program eligibility continues without an interruption 
 94.23  of 30 days or more.  The adult members required to register for 
 94.24  and cooperate with the work readiness program are not eligible 
 94.25  for financial assistance under section 256D.051, except as 
 94.26  provided in section 256D.051, subdivision 6, and shall be 
 94.27  included in the general assistance grant.  If an adult member 
 94.28  fails to cooperate with requirements of section 256D.051, the 
 94.29  local agency shall not take that member's needs into account in 
 94.30  making the grant determination as provided by the termination 
 94.31  provisions of section 256D.051, subdivision 1a, paragraph (b).  
 94.32  The time limits of section 256D.051, subdivision 1, do not apply 
 94.33  to persons eligible under this clause; (ii) unless all adults in 
 94.34  the family are exempt under section 256D.051, subdivision 3a, 
 94.35  one adult in the family must participate in and cooperate with 
 94.36  the food stamp employment and training program under section 
 95.1   256D.051 each month that the family receives general assistance 
 95.2   benefits.  If the household contains more than one nonexempt 
 95.3   adult, the adults may determine which adult must participate.  
 95.4   The designation may be changed once annually at the annual 
 95.5   redetermination of eligibility.  If no designation is made or if 
 95.6   the adults cannot agree, the county agency shall designate the 
 95.7   adult having earned the greater of the incomes, including 
 95.8   in-kind income, during the 24-month period immediately preceding 
 95.9   the month of application for general assistance, as the adult 
 95.10  that must participate.  When there are no earnings or when 
 95.11  earnings are identical for each adult, the county agency shall 
 95.12  designate which adult must participate.  The recipient's 
 95.13  participation must begin on the first day of the first full 
 95.14  month following the determination of eligibility for general 
 95.15  assistance benefits.  To the extent of available resources, and 
 95.16  with the county agency's consent, the recipient may voluntarily 
 95.17  continue to participate in food stamp employment and training 
 95.18  services for up to three additional consecutive months 
 95.19  immediately following termination of general assistance benefits 
 95.20  in order to complete the provisions of the recipient's 
 95.21  employability development plan.  If the adult member fails 
 95.22  without good cause to participate in or cooperate with the food 
 95.23  stamp employment and training program, the county agency shall 
 95.24  concurrently terminate that person's eligibility for general 
 95.25  assistance and food stamps for two months or until compliance is 
 95.26  achieved, whichever is shorter, using the notice, good cause, 
 95.27  conciliation and termination procedures specified in section 
 95.28  256D.051; or 
 95.29     (16) a person over age 18 whose primary language is not 
 95.30  English and who is attending high school at least half time. 
 95.31     (b) Persons or families who are not state residents but who 
 95.32  are otherwise eligible for general assistance may receive 
 95.33  emergency general assistance to meet emergency needs. 
 95.34     (c) As a condition of eligibility under paragraph (a), 
 95.35  clauses (1), (3), (5), (8), and (9), the recipient must complete 
 95.36  an interim assistance agreement and must apply for other 
 96.1   maintenance benefits as specified in section 256D.06, 
 96.2   subdivision 5, and must comply with efforts to determine the 
 96.3   recipient's eligibility for those other maintenance benefits.  
 96.4      (d) The burden of providing documentation for a county 
 96.5   agency to use to verify eligibility for general assistance or 
 96.6   work readiness for exemption from the food stamp employment and 
 96.7   training program is upon the applicant or recipient.  The county 
 96.8   agency shall use documents already in its possession to verify 
 96.9   eligibility, and shall help the applicant or recipient obtain 
 96.10  other existing verification necessary to determine eligibility 
 96.11  which the applicant or recipient does not have and is unable to 
 96.12  obtain. 
 96.13     Sec. 2.  Minnesota Statutes 1994, section 256D.051, 
 96.14  subdivision 1, is amended to read: 
 96.15     Subdivision 1.  [WORK REGISTRATION FOOD STAMP EMPLOYMENT 
 96.16  AND TRAINING PROGRAM.] (a) Except as provided in this 
 96.17  subdivision, persons who are residents of the state and whose 
 96.18  income and resources are less than the standard of assistance 
 96.19  established by the commissioner, but who are not categorically 
 96.20  eligible under section 256D.05, subdivision 1, are eligible for 
 96.21  the work readiness program for The commissioner shall implement 
 96.22  a food stamp employment and training program in order to meet 
 96.23  the food stamp employment and training participation 
 96.24  requirements of the United States Department of Agriculture.  
 96.25  Unless all adult members of the food stamp household are exempt 
 96.26  under subdivision 3a, one nonexempt adult recipient in each 
 96.27  household must participate in the food stamp employment and 
 96.28  training program each month that the household is eligible for 
 96.29  food stamps, up to a maximum period of six calendar months 
 96.30  during any 12 consecutive calendar month period, subject to the 
 96.31  provisions of paragraph (d), subdivision 3, and section 
 96.32  256D.052, subdivision 4.  If the household contains more than 
 96.33  one nonexempt adult, the adults may determine which adult must 
 96.34  participate.  The designation may be changed only once annually 
 96.35  at the annual redetermination of eligibility.  If no designation 
 96.36  is made or if the adults cannot agree, the county agency shall 
 97.1   designate the adult having earned the greater of the incomes, 
 97.2   including in-kind income, during the 24-month period immediately 
 97.3   preceding the month of application for food stamp benefits, as 
 97.4   the adult that must participate.  When there are no earnings or 
 97.5   when earnings are identical for each adult, the county agency 
 97.6   shall designate the adult that must participate.  The person's 
 97.7   eligibility period begins participation in food stamp employment 
 97.8   and training services must begin on the first day of the 
 97.9   calendar month following the date of application eligibility for 
 97.10  assistance or following the date all eligibility factors are 
 97.11  met, whichever is later; however, food stamps.  With the county 
 97.12  agency's consent, and to the extent of available resources, the 
 97.13  person may voluntarily continue to participate in work readiness 
 97.14  food stamp employment and training services for up to three 
 97.15  additional consecutive months immediately following the last 
 97.16  month of benefits end of the six-month mandatory participation 
 97.17  period in order to complete the provisions of the person's 
 97.18  employability development plan.  After July 1, 1992, if 
 97.19  orientation is available within three weeks after the date 
 97.20  eligibility is determined, initial payment will not be made 
 97.21  until the registrant attends orientation to the work readiness 
 97.22  program.  Prior to terminating work readiness assistance the 
 97.23  county agency must provide advice on the person's eligibility 
 97.24  for general assistance medical care and must assess the person's 
 97.25  eligibility for general assistance under section 256D.05 to the 
 97.26  extent possible, using information in the case file, and 
 97.27  determine the person's eligibility for general assistance.  A 
 97.28  determination that the person is not eligible for general 
 97.29  assistance must be stated in the notice of termination of work 
 97.30  readiness benefits. 
 97.31     (b) Persons, families, and married couples who are not 
 97.32  state residents but who are otherwise eligible for work 
 97.33  readiness assistance may receive emergency assistance to meet 
 97.34  emergency needs. 
 97.35     (c) Except for family members who must participate in work 
 97.36  readiness services under the provisions of section 256D.05, 
 98.1   subdivision 1, clause (15), any person who would be defined for 
 98.2   purposes of the food stamp program as being enrolled or 
 98.3   participating at least half-time in an institution of higher 
 98.4   education or a post-secondary program is ineligible for the work 
 98.5   readiness program.  Post-secondary education does not include 
 98.6   the following programs:  (1) high school equivalency; (2) adult 
 98.7   basic education; (3) English as a second language; (4) literacy 
 98.8   training; and (5) skill-specific technical training that has a 
 98.9   course of study of less than three months, that is not paid for 
 98.10  using work readiness funds, and that is specified in the work 
 98.11  readiness employability development plan developed with the 
 98.12  recipient prior to the recipient beginning the training course. 
 98.13     (d) Notwithstanding the provisions of sections 256.045 and 
 98.14  256D.10, during the pendency of an appeal, work readiness 
 98.15  payments and services shall not continue to a person who appeals 
 98.16  the termination of benefits due to exhaustion of the period of 
 98.17  eligibility specified in paragraph (a) or (d). 
 98.18     Sec. 3.  Minnesota Statutes 1994, section 256D.051, 
 98.19  subdivision 1a, is amended to read: 
 98.20     Subd. 1a.  [WORK READINESS PAYMENTS NOTICES; CONCILIATION 
 98.21  CONFERENCE; SANCTIONS.] (a) Except as provided in this 
 98.22  subdivision, grants of work readiness shall be determined using 
 98.23  the standards of assistance, exclusions, disregards, and 
 98.24  procedures which are used in the general assistance program.  
 98.25  Work readiness shall be granted in an amount that, when added to 
 98.26  the nonexempt income actually available to the assistance unit, 
 98.27  the total amount equals the applicable standard of assistance.  
 98.28     (b) Except as provided in section 256D.05, subdivision 6, 
 98.29  work readiness assistance must be paid on the first day of each 
 98.30  month. 
 98.31     At the time the county agency notifies the assistance unit 
 98.32  household that it is eligible for family general assistance or 
 98.33  work readiness assistance and by the first day of each month of 
 98.34  services food stamps, the county agency must inform all 
 98.35  mandatory registrants employment and training services 
 98.36  participants as identified in subdivision 1 in the assistance 
 99.1   unit household that they must comply with all work readiness 
 99.2   food stamp employment and training program requirements that 
 99.3   each month, including the requirement to attend an initial 
 99.4   orientation to the food stamp employment and training program 
 99.5   and that work readiness food stamp eligibility will end at the 
 99.6   end of the month unless the registrants participants comply with 
 99.7   work readiness the requirements specified in the notice.  A 
 99.8   registrant who fails, without good cause, to comply with 
 99.9   requirements during this time period, including attendance at 
 99.10  orientation, will lose family general assistance or work 
 99.11  readiness eligibility without notice under section 256D.101, 
 99.12  subdivision 1, paragraph (b).  The registrant shall, however, be 
 99.13  sent a notice no later than five days after eligibility ends, 
 99.14  which informs the registrant that family general assistance or 
 99.15  work readiness eligibility has ended in accordance with this 
 99.16  section for failure to comply with work readiness requirements.  
 99.17  The notice shall set forth the factual basis for such 
 99.18  determination and advise the registrant of the right to 
 99.19  reinstate eligibility upon a showing of good cause for the 
 99.20  failure to meet the requirements.  Subsequent assistance must 
 99.21  not be issued unless the person completes an application, is 
 99.22  determined eligible, and complies with the work readiness 
 99.23  requirements that had not been complied with, or demonstrates 
 99.24  that the person had good cause for failing to comply with the 
 99.25  requirement.  The time during which the person is ineligible 
 99.26  under these provisions is counted as part of the person's period 
 99.27  of eligibility under subdivision 1.  
 99.28     (c) Notwithstanding the provisions of section 256D.01, 
 99.29  subdivision 1a, paragraph (d), when one member of a married 
 99.30  couple has exhausted the five months of work readiness 
 99.31  eligibility in a 12-month period and the other member has one or 
 99.32  more months of eligibility remaining within the same 12-month 
 99.33  period, the standard of assistance applicable to the member who 
 99.34  remains eligible is the first adult standard in the aid to 
 99.35  families with dependent children program. 
 99.36     (d) Notwithstanding sections 256.045 and 256D.10, during