as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; changing eligibility for 1.3 general assistance; detailing food stamp employment 1.4 and training program; establishing start work grants; 1.5 establishing work first program; expanding information 1.6 released to department of revenue on individuals in 1.7 the welfare system; establishing a joint effort to 1.8 provide monetary supplements to working families; 1.9 detailing assistance to minor parents; specifying 1.10 waiver requests; establishing the process for claims 1.11 for injury or death of work experience participants; 1.12 defining obligation to seek and obtain full-time 1.13 employment; appropriating money; amending Minnesota 1.14 Statutes 1994, sections 13.46, subdivision 2; 256.031, 1.15 subdivision 3; 256.035, subdivision 6d; 256.73, 1.16 subdivision 3a, and by adding a subdivision; 256.736, 1.17 subdivisions 3a, 4a, 10, 16, and by adding a 1.18 subdivision; 256D.05, subdivision 1; 256D.051, 1.19 subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and 1.20 by adding a subdivision; 256D.052, subdivision 3; 1.21 256D.10; and 268.12, subdivision 12; proposing coding 1.22 for new law in Minnesota Statutes, chapter 256; 1.23 repealing Minnesota Statutes 1994, sections 256.734; 1.24 256D.051, subdivisions 10, 13, 14, and 15; 256D.052, 1.25 subdivisions 1, 2, and 4; 256D.091; 256D.101; 1.26 256D.111; and 256D.113. 1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28 ARTICLE 1 1.29 Section 1. Minnesota Statutes 1994, section 256D.05, 1.30 subdivision 1, is amended to read: 1.31 Subdivision 1. [ELIGIBILITY.] (a) Each person or family 1.32 whose income and resources are less than the standard of 1.33 assistance established by the commissioner and who is a resident 1.34 of the state shall be eligible for and entitled to general 1.35 assistance if the person or family is: 1.36 (1) a person who is suffering from a professionally 2.1 certified permanent or temporary illness, injury, or incapacity 2.2 which is expected to continue for more than 30 days and which 2.3 prevents the person from obtaining or retaining employment; 2.4 (2) a person whose presence in the home on a substantially 2.5 continuous basis is required because of the professionally 2.6 certified illness, injury, incapacity, or the age of another 2.7 member of the household; 2.8 (3) a person who has been placed in, and is residing in, a 2.9 licensed or certified facility for purposes of physical or 2.10 mental health or rehabilitation, or in an approved chemical 2.11 dependency domiciliary facility, if the placement is based on 2.12 illness or incapacity and is pursuant to a plan developed or 2.13 approved by the county agency through its director or designated 2.14 representative; 2.15 (4) a person who resides in a shelter facility described in 2.16 subdivision 3; 2.17 (5) a person not described in clause (1) or (3) who is 2.18 diagnosed by a licensed physician, psychological practitioner, 2.19 or other qualified professional, as mentally retarded or 2.20 mentally ill, and that condition prevents the person from 2.21 obtaining or retaining employment; 2.22 (6) a person who has an application pending for, or is 2.23 appealing termination of benefits from, the social security 2.24 disability program or the program of supplemental security 2.25 income for the aged, blind, and disabled, provided the person 2.26 has a professionally certified permanent or temporary illness, 2.27 injury, or incapacity which is expected to continue for more 2.28 than 30 days and which prevents the person from obtaining or 2.29 retaining employment; 2.30 (7) a person who is unable to obtain or retain employment 2.31 because advanced age significantly affects the person's ability 2.32 to seek or engage in substantial work; 2.33 (8) a person who, following participation in the work2.34readiness program, completion of an individualized employability2.35assessment by the work readiness service provider, and2.36consultation between the county agency and the work readiness3.1service provider, the work readiness service provider determines3.2is not employablehas been assessed by a vocational specialist 3.3 and, in consultation with the county agency, has been determined 3.4 to be unemployable. For purposes of this item, a person is 3.5 considered employable ifthe county agency determines thatthere 3.6existexists positions of employment in the local labor market, 3.7 regardless of the current availability of openings for those 3.8 positions, that the person is capable of performing. The 3.9 person's eligibility under this category must be reassessed at 3.10 least annuallyby the county agency and must be based upon the3.11results of a new individualized employability assessment3.12completed by the work readiness service provider. The recipient3.13shall, if otherwise eligible, continue to receive general3.14assistance while the annual individualized employability3.15assessment is completed by the work readiness service provider,3.16rather than receive work readiness payments under section3.17256D.051. Subsequent eligibility for general assistance is3.18dependent upon the county agency determining, following3.19consultation with the work readiness service provider, that the3.20person is not employable, or the person meeting the requirements3.21of another general assistance category of eligibility;. The 3.22 county agency must provide notice to the person no later than 30 3.23 days before annual eligibility under this clause ends informing 3.24 the person of the date annual eligibility will end and the need 3.25 for a vocational assessment if the person wishes to continue 3.26 eligibility under this clause. For purposes of establishing 3.27 eligibility under this clause, it is the applicant's or 3.28 recipient's duty to obtain any needed vocational assessment; 3.29 (9) a person who is determined by the county agency, in 3.30 accordance with emergency and permanent rules adopted by the 3.31 commissioner, to be learning disabled, provided that if a 3.32 rehabilitation plan for the person is developed or approved by 3.33 the county agency, the person is following the plan; 3.34 (10) a child under the age of 18 who is not living with a 3.35 parent, stepparent, or legal custodian, but only if: the child 3.36 is legally emancipated or living with an adult with the consent 4.1 of an agency acting as a legal custodian; the child is at least 4.2 16 years of age and the general assistance grant is approved by 4.3 the director of the county agency or a designated representative 4.4 as a component of a social services case plan for the child; or 4.5 the child is living with an adult with the consent of the 4.6 child's legal custodian and the county agency. For purposes of 4.7 this clause, "legally emancipated" means a person under the age 4.8 of 18 years who: (i) has been married; (ii) is on active duty 4.9 in the uniformed services of the United States; (iii) has been 4.10 emancipated by a court of competent jurisdiction; or (iv) is 4.11 otherwise considered emancipated under Minnesota law, and for 4.12 whom county social services has not determined that a social 4.13 services case plan is necessary, for reasons other than that the 4.14 child has failed or refuses to cooperate with the county agency 4.15 in developing the plan; 4.16 (11) a woman in the last trimester of pregnancy who does 4.17 not qualify for aid to families with dependent children. A 4.18 woman who is in the last trimester of pregnancy who is currently 4.19 receiving aid to families with dependent children may be granted 4.20 emergency general assistance to meet emergency needs; 4.21 (12) a person who is eligible for displaced homemaker 4.22 services, programs, or assistance under section 268.96, but only 4.23 if that person is enrolled as a full-time student; 4.24 (13) a person who lives more than two hours round-trip 4.25 traveling time from any potential suitable employment; 4.26 (14) a person who is involved with protective or 4.27 court-ordered services that prevent the applicant or recipient 4.28 from working at least four hours per day; 4.29 (15) (i) a family as defined in section 256D.02, 4.30 subdivision 5, which is ineligible for the aid to families with 4.31 dependent children program.If all children in the family are4.32six years of age or older, or if suitable child care is4.33available for children under age six at no cost to the family,4.34all the adult members of the family must register for and4.35cooperate in the work readiness program under section 256D.051.4.36If one or more of the children is under the age of six and5.1suitable child care is not available without cost to the family,5.2all the adult members except one adult member must register for5.3and cooperate with the work readiness program under section5.4256D.051. The adult member who must participate in the work5.5readiness program is the one having earned the greater of the5.6incomes, excluding in-kind income, during the 24-month period5.7immediately preceding the month of application for assistance.5.8When there are no earnings or when earnings are identical for5.9each adult, the applicant must designate the adult who must5.10participate in work readiness and that designation must not be5.11transferred or changed after program eligibility is determined5.12as long as program eligibility continues without an interruption5.13of 30 days or more. The adult members required to register for5.14and cooperate with the work readiness program are not eligible5.15for financial assistance under section 256D.051, except as5.16provided in section 256D.051, subdivision 6, and shall be5.17included in the general assistance grant. If an adult member5.18fails to cooperate with requirements of section 256D.051, the5.19local agency shall not take that member's needs into account in5.20making the grant determination as provided by the termination5.21provisions of section 256D.051, subdivision 1a, paragraph (b).5.22The time limits of section 256D.051, subdivision 1, do not apply5.23to persons eligible under this clause5.24 (ii) The provisions of this paragraph apply only in those 5.25 counties designated by the commissioner to operate a food stamp 5.26 employment and training program under section 256D.051. Unless 5.27 all adults in the family are exempt under section 256D.051, 5.28 subdivision 3a, one adult in the family must participate in and 5.29 cooperate with the food stamp employment and training program 5.30 under section 256D.051 each month that the family receives 5.31 general assistance benefits. If the household contains more 5.32 than one nonexempt adult, the adults may determine which adult 5.33 must participate. The designation may be changed once annually 5.34 at the annual redetermination of eligibility. If no designation 5.35 is made, or if the adults cannot agree, the county agency shall 5.36 designate the adult having earned the greater of the incomes, 6.1 including in-kind income, during the 24-month period immediately 6.2 preceding the month of application for general assistance, as 6.3 the adult who must participate. When there are no earnings or 6.4 when earnings are identical for each adult, the county agency 6.5 shall designate which adult must participate. The recipient's 6.6 participation must begin on the first day of the first full 6.7 month following the determination of eligibility for general 6.8 assistance benefits. To the extent of available resources, and 6.9 with the county agency's consent, the recipient may voluntarily 6.10 continue to participate in food stamp employment and training 6.11 services for up to three additional consecutive months 6.12 immediately following termination of general assistance benefits 6.13 in order to complete the provisions of the recipient's 6.14 employability development plan. If the adult member fails 6.15 without good cause to participate in or cooperate with the food 6.16 stamp employment and training program, the county agency shall 6.17 concurrently terminate that person's eligibility for general 6.18 assistance and food stamps for two months or until compliance is 6.19 achieved, whichever is shorter, using the notice, good cause, 6.20 conciliation, and termination procedures specified in section 6.21 256D.051; or 6.22 (16) a person over age 18 whose primary language is not 6.23 English and who is attending high school at least half time. 6.24 (b) Persons or families who are not state residents but who 6.25 are otherwise eligible for general assistance may receive 6.26 emergency general assistance to meet emergency needs. 6.27 (c) As a condition of eligibility under paragraph (a), 6.28 clauses (1), (3), (5), (8), and (9), the recipient must complete 6.29 an interim assistance agreement and must apply for other 6.30 maintenance benefits as specified in section 256D.06, 6.31 subdivision 5, and must comply with efforts to determine the 6.32 recipient's eligibility for those other maintenance benefits. 6.33 (d) The burden of providing documentation for a county 6.34 agency to use to verify eligibility for general assistance or 6.35work readinessfor exemption from the food stamp employment and 6.36 training program is upon the applicant or recipient. The county 7.1 agency shall use documents already in its possession to verify 7.2 eligibility, and shall help the applicant or recipient obtain 7.3 other existing verification necessary to determine eligibility 7.4 which the applicant or recipient does not have and is unable to 7.5 obtain. 7.6 Sec. 2. Minnesota Statutes 1994, section 256D.051, 7.7 subdivision 1, is amended to read: 7.8 Subdivision 1. [WORK REGISTRATIONFOOD STAMP EMPLOYMENT 7.9 AND TRAINING PROGRAM.](a) Except as provided in this7.10subdivision, persons who are residents of the state and whose7.11income and resources are less than the standard of assistance7.12established by the commissioner, but who are not categorically7.13eligible under section 256D.05, subdivision 1, are eligible for7.14the work readiness program forThe commissioner shall implement 7.15 a food stamp employment and training program in a sufficient 7.16 number of Minnesota counties in order to meet the food stamp 7.17 employment and training participation requirements of the United 7.18 States Department of Agriculture. Unless all adult members of 7.19 the food stamp household are exempt under subdivision 3a, one 7.20 nonexempt adult recipient in each household must participate in 7.21 the food stamp employment and training program each month that 7.22 the household is eligible for food stamps, up to a maximum 7.23 period of six calendar months during any 12 consecutive calendar 7.24 month period, subject to the provisions of paragraph (d),7.25subdivision 3, and section 256D.052, subdivision 4. If the 7.26 household contains more than one nonexempt adult, the adults may 7.27 determine which adult must participate. The designation may be 7.28 changed only once annually at the annual redetermination of 7.29 eligibility. If no designation is made or if the adults cannot 7.30 agree, the county agency shall designate the adult having earned 7.31 the greater of the incomes, including in-kind income, during the 7.32 24-month period immediately preceding the month of application 7.33 for food stamp benefits, as the adult who must participate. 7.34 When there are no earnings or when earnings are identical for 7.35 each adult, the county agency shall designate the adult who must 7.36 participate. The person'seligibility period8.1beginsparticipation in food stamp employment and training 8.2 services must begin on the first day of the calendar month 8.3 following the date of application forassistance or following8.4the date all eligibility factors are met, whichever is later;8.5however,food stamps. With the county agency's consent, and to 8.6 the extent of available resources, the person may voluntarily 8.7 continue to participate inwork readinessfood stamp employment 8.8 and training services for up to three additional consecutive 8.9 months immediately following thelast month of benefitsend of 8.10 the six-month mandatory participation period in order to 8.11 complete the provisions of the person's employability 8.12 development plan.After July 1, 1992, if orientation is8.13available within three weeks after the date eligibility is8.14determined, initial payment will not be made until the8.15registrant attends orientation to the work readiness program.8.16Prior to terminating work readiness assistance the county agency8.17must provide advice on the person's eligibility for general8.18assistance medical care and must assess the person's eligibility8.19for general assistance under section 256D.05 to the extent8.20possible, using information in the case file, and determine the8.21person's eligibility for general assistance. A determination8.22that the person is not eligible for general assistance must be8.23stated in the notice of termination of work readiness benefits.8.24(b) Persons, families, and married couples who are not8.25state residents but who are otherwise eligible for work8.26readiness assistance may receive emergency assistance to meet8.27emergency needs.8.28(c) Except for family members who must participate in work8.29readiness services under the provisions of section 256D.05,8.30subdivision 1, clause (15), any person who would be defined for8.31purposes of the food stamp program as being enrolled or8.32participating at least half-time in an institution of higher8.33education or a post-secondary program is ineligible for the work8.34readiness program. Post-secondary education does not include8.35the following programs: (1) high school equivalency; (2) adult8.36basic education; (3) English as a second language; (4) literacy9.1training; and (5) skill-specific technical training that has a9.2course of study of less than three months, that is not paid for9.3using work readiness funds, and that is specified in the work9.4readiness employability development plan developed with the9.5recipient prior to the recipient beginning the training course.9.6(d) Notwithstanding the provisions of sections 256.045 and9.7256D.10, during the pendency of an appeal, work readiness9.8payments and services shall not continue to a person who appeals9.9the termination of benefits due to exhaustion of the period of9.10eligibility specified in paragraph (a) or (d).9.11 Sec. 3. Minnesota Statutes 1994, section 256D.051, 9.12 subdivision 1a, is amended to read: 9.13 Subd. 1a. [WORK READINESS PAYMENTSNOTICES; CONCILIATION 9.14 CONFERENCE; SANCTIONS.] (a)Except as provided in this9.15subdivision, grants of work readiness shall be determined using9.16the standards of assistance, exclusions, disregards, and9.17procedures which are used in the general assistance program.9.18Work readiness shall be granted in an amount that, when added to9.19the nonexempt income actually available to the assistance unit,9.20the total amount equals the applicable standard of assistance.9.21(b) Except as provided in section 256D.05, subdivision 6,9.22work readiness assistance must be paid on the first day of each9.23month.9.24 At the time the county agency notifies theassistance unit9.25 household that it is eligible forfamily general assistance or9.26work readiness assistance and by the first day of each month of9.27servicesfood stamps, the county agency must inform all 9.28 mandatoryregistrantsemployment and training services 9.29 participants as identified in subdivision 1 in theassistance9.30unithousehold that they must comply with allwork readiness9.31 food stamp employment and training program requirementsthat9.32 each month, including the requirement to attend an initial 9.33 orientation to the food stamp employment and training program, 9.34 and thatwork readinessfood stamp eligibility will endat the9.35end of the monthunless theregistrantsparticipants comply with 9.36work readinessthe requirements specified in the notice. 10.1 (b) Aregistrantparticipant who fails, without good cause, 10.2 to comply with food stamp employment and training program 10.3 requirementsduring this time periodof this section, including 10.4 attendance at orientation, will losefamily general assistance10.5or work readiness eligibility without notice under section10.6256D.101, subdivision 1, paragraph (b). The registrant shall,10.7however, be sent a notice no later than five days after10.8eligibility ends, which informs the registrant that family10.9general assistance or work readiness eligibility has ended in10.10accordance with this section for failure to comply with work10.11readiness requirements. The notice shall set forth the factual10.12basis for such determination and advise the registrant of the10.13right to reinstate eligibility upon a showing of good cause for10.14the failure to meet the requirements. Subsequent assistance10.15must not be issued unless the person completes an application,10.16is determined eligible, and complies with the work readiness10.17requirements that had not been complied with, or demonstrates10.18that the person had good cause for failing to comply with the10.19requirement. The time during which the person is ineligible10.20under these provisions is counted as part of the person's period10.21of eligibility under subdivision 1.10.22(c) Notwithstanding the provisions of section 256D.01,10.23subdivision 1a, paragraph (d), when one member of a married10.24couple has exhausted the five months of work readiness10.25eligibility in a 12-month period and the other member has one or10.26more months of eligibility remaining within the same 12-month10.27period, the standard of assistance applicable to the member who10.28remains eligible is the first adult standard in the aid to10.29families with dependent children program.10.30(d) Notwithstanding sections 256.045 and 256D.10, during10.31the pendency of an appeal, work readiness payments and services10.32shall not continue to a person who appeals the termination of10.33benefits under paragraph (b).food stamp eligibility for two 10.34 months or until the county agency determines that the 10.35 participant has complied with program requirements, whichever is 10.36 shorter. If the participant is not the head of household, the 11.1 person shall be considered an ineligible household member for 11.2 food stamp purposes. If the participant is the head of 11.3 household, the entire household is ineligible to participate as 11.4 provided in Code of Federal Regulations, title 7, section 11.5 273.7(g). Good cause means circumstances beyond the control of 11.6 the participant, such as illness or injury, illness or injury of 11.7 another household member requiring the participant's presence, a 11.8 household emergency, or the inability to obtain child care for 11.9 children between the ages of six and 12 or to obtain 11.10 transportation needed in order for the participant to meet the 11.11 food stamp employment and training program participation 11.12 requirements. 11.13 (c) The county agency shall mail or hand deliver a notice 11.14 to the participant no later than five days after determining 11.15 that the participant has failed without good cause to comply 11.16 with food stamp employment and training program requirements 11.17 which specifies: (1) the requirements that were not complied 11.18 with; (2) the factual basis for the determination of 11.19 noncompliance; and (3) the right to reinstate eligibility upon a 11.20 showing of good cause for failure to meet the requirements. The 11.21 notice must ask the reason for the noncompliance, and must 11.22 identify the participant's appeal rights. The notice must 11.23 request that the participant inform the county agency if the 11.24 participant believes that good cause existed for the failure to 11.25 comply, must offer the participant a conciliation conference as 11.26 provided in this paragraph, and must state that the county 11.27 agency intends to terminate eligibility for food stamp benefits 11.28 due to failure to comply with food stamp employment and training 11.29 program requirements. 11.30 (d) The county agency must offer a conciliation conference 11.31 to participants who have failed to comply with food stamp 11.32 employment and training program requirements. The purpose of 11.33 the conference is to determine the cause for noncompliance, to 11.34 attempt to resolve the problem causing the noncompliance so that 11.35 all requirements are complied with, and to determine if good 11.36 cause for noncompliance exists. The conciliation period shall 12.1 run for ten working days from the date of the notice required in 12.2 paragraph (c). Information about how to request a conciliation 12.3 conference must be specified in the notice required in paragraph 12.4 (c). If the county agency determines that the participant, 12.5 during the conciliation period, complied with all food stamp 12.6 employment and training program requirements that the recipient 12.7 was required to comply with prior to and during the conciliation 12.8 period, or if the county agency determines that good cause for 12.9 failing to comply with the requirements was present, a sanction 12.10 on the participant's or household's food stamp eligibility shall 12.11 not be imposed. 12.12 (e) If the county agency determines that the participant 12.13 did not comply during the conciliation period with all food 12.14 stamp employment and training program requirements that were in 12.15 effect prior to and during the conciliation period, and if the 12.16 county agency determines that good cause was not present, the 12.17 county must provide a ten-day notice of termination of food 12.18 stamp benefits. The termination notice must be issued following 12.19 the last day of the conciliation period. The amount of food 12.20 stamps that are withheld from the household and determination of 12.21 the impact of the sanction on other household members is 12.22 governed by Code of Federal Regulations, title 7, section 273.7. 12.23 (f) The participant may appeal the termination of food 12.24 stamp benefits under the provisions of section 256.045. 12.25 Sec. 4. Minnesota Statutes 1994, section 256D.051, 12.26 subdivision 2, is amended to read: 12.27 Subd. 2. [COUNTY AGENCY DUTIES.] (a) The countyagency12.28 agencies specified by the commissioner under subdivision 1, 12.29 shall provide toregistrantsfood stamp recipients awork12.30readinessfood stamp employment and training program. Thework12.31readinessprogram must include: 12.32 (1) orientation to thework readinessfood stamp employment 12.33 and training program; 12.34 (2) an individualized employability assessment and an 12.35 individualized employability development plan that includes 12.36 assessment of literacy, ability to communicate in the English 13.1 language, educational and employment history, and that estimates 13.2 the length of time it will take theregistrantparticipant to 13.3 obtain employment. The employability assessment and development 13.4 plan must be completed in consultation with theregistrant13.5 participant, must assess theregistrant'sparticipant's assets, 13.6 barriers, and strengths, and must identify steps necessary to 13.7 overcome barriers to employment. A copy of the employability 13.8 development plan must be provided to theregistrantparticipant; 13.9 (3) referral to available accredited remedial or skills 13.10 training programs designed to addressregistrant'sparticipant's 13.11 barriers to employment; 13.12 (4) referral to available programsincluding the Minnesota13.13employment and economic development programthat provide 13.14 subsidized or unsubsidized employment as necessary; 13.15 (5) a job search program, including job seeking skills 13.16 training; and 13.17 (6) other activities, to the extent of available resources 13.18 designed by the county agency to prepare theregistrant13.19 participant for permanent employment. 13.20The work readiness program may include a public sector or13.21nonprofit work experience component only if the component is13.22established according to section 268.90.13.23 In order to allow time for job search, the county agency 13.24 may not require an individual to participate in thework13.25readinessfood stamp employment and training program for more 13.26 than 32 hours a week. The county agency shall require an 13.27 individual to spend at least eight hours a week in job search or 13.28 otherwork readinessfood stamp employment and training program 13.29 activities. 13.30 (b) The county agency shall prepare an annual plan for the 13.31 operation of itswork readinessfood stamp employment and 13.32 training program. The plan must be submitted to and approved by 13.33 the commissioner of economic security. The plan must include: 13.34 (1) a description of the services to be offered by the 13.35 county agency; 13.36 (2) a plan to coordinate the activities of all public 14.1 entities providing employment-related services in order to avoid 14.2 duplication of effort and to provide services more efficiently; 14.3 (3) a description of the factors that will be taken into 14.4 account when determining a client's employability development 14.5 plan; 14.6 (4)provisions to assure that applicants and recipients are14.7evaluated for eligibility for general assistance prior to14.8termination from the work readiness program; and14.9(5)provisions to ensure that the county agency's 14.10 employment and training service provider provides each recipient 14.11 with an orientation, employability assessment, and employability 14.12 development plan as specified in paragraph (a), clauses (1) and 14.13 (2), within 30 days of the recipient's application for 14.14 assistance. 14.15 Sec. 5. Minnesota Statutes 1994, section 256D.051, is 14.16 amended by adding a subdivision to read: 14.17 Subd. 2a. [DUTIES OF THE COMMISSIONER.] In addition to any 14.18 other duties imposed by law, the commissioner shall: 14.19 (1) based on Code of Federal Regulations, title 7, section 14.20 273.7 and sections 256D.051 and 256D.052, supervise the 14.21 administration of the food stamp employment and training program 14.22 by county agencies; 14.23 (2) disburse money appropriated for food stamp employment 14.24 and training services to county agencies based upon the county's 14.25 costs as specified in section 256D.06; 14.26 (3) accept and supervise the disbursement of any funds that 14.27 may be provided by the federal government or from other sources 14.28 for use in this state for food stamp employment and training 14.29 services; and 14.30 (4) cooperate with other agencies including any agency of 14.31 the United States or of another state in all matters concerning 14.32 the powers and duties of the commissioner under sections 14.33 256D.051 and 256D.052. 14.34 Sec. 6. Minnesota Statutes 1994, section 256D.051, 14.35 subdivision 3, is amended to read: 14.36 Subd. 3. [REGISTRANTPARTICIPANT DUTIES.] In order to 15.1 receivework readinessfood stamp assistance, aregistrant15.2 participant shall: (1) cooperate with the county agency in all 15.3 aspects of thework readinessfood stamp employment and training 15.4 program; (2) accept any suitable employment, including 15.5 employment offered through the job training partnership act, and 15.6 other employment and training options; and (3) participate 15.7 inwork readinessfood stamp employment and training activities 15.8 assigned by the county agency. The county agency may terminate 15.9 assistance to a registrant who fails to cooperate in thework15.10readinessfood stamp employment and training program, as 15.11 provided in subdivision 1a. 15.12 Sec. 7. Minnesota Statutes 1994, section 256D.051, 15.13 subdivision 3a, is amended to read: 15.14 Subd. 3a. [PERSONS REQUIRED TO REGISTER FOR AND 15.15 PARTICIPATE IN THEWORK READINESSFOOD STAMP EMPLOYMENT AND 15.16 TRAINING PROGRAM.]Each person in a work readiness assistance15.17unit who is 18 years old or older must register for and15.18participate in the work readiness program. A person in the15.19assistance unit who is at least 16 years old but less than 1915.20years old and who is not a full-time secondary school student is15.21required to register and participate. A student who was15.22enrolled as a full-time student during the last school term must15.23be considered a full-time student during summers and school15.24holidays.(a) To the extent required under Code of Federal 15.25 Regulations, title 7, section 273.7(a), each applicant for and 15.26 recipient of food stamps is required to register for work as a 15.27 condition of eligibility for food stamp benefits. Applicants 15.28 and recipients are registered by signing an application or 15.29 annual reapplication for food stamps, and must be informed that 15.30 they are registering for work by signing the form. 15.31 (b) The following food stamp recipients are exempt from 15.32 mandatory participation in food stamp employment and training 15.33 services: 15.34 (1) recipients of benefits under the AFDC program, the 15.35 Minnesota supplemental aid program, or the general assistance 15.36 program, except an adult who receives general assistance under 16.1 the provisions of section 256D.05, subdivision 1, clause (15), 16.2 is not exempt unless the person qualifies under one of the 16.3 remaining exemption provisions in this paragraph; 16.4 (2) a child; 16.5 (3) a recipient over age 55; 16.6 (4) a recipient who has a mental or physical illness, 16.7 injury or incapacity which is expected to continue for at least 16.8 30 days and which impairs the recipient's ability to obtain or 16.9 retain employment as evidenced by professional certification or 16.10 the receipt of temporary or permanent disability benefits issued 16.11 by a private or government source; 16.12 (5) a parent or other household member responsible for the 16.13 care of either a dependent child in the household who is under 16.14 age six or a person in the household who is professionally 16.15 certified as having a physical or mental illness, injury, or 16.16 incapacity. Only one parent or other household member may claim 16.17 exemption under this provision; 16.18 (6) a recipient receiving unemployment compensation or who 16.19 has applied for unemployment compensation and has been required 16.20 to register for work with the department of economic security as 16.21 part of the unemployment compensation application process; 16.22 (7) a recipient participating each week in a drug addiction 16.23 or alcohol abuse treatment and rehabilitation program, provided 16.24 the operators of the treatment and rehabilitation program, in 16.25 consultation with the county agency, recommend that the 16.26 recipient not participate in the food stamp employment and 16.27 training program; 16.28 (8) a recipient employed or self-employed for 30 or more 16.29 hours per week at employment paying at least minimum wage, or 16.30 earns wages from employment equal to or exceeding 30 hours 16.31 multiplied by the federal minimum wage; or 16.32 (9) a student enrolled at least halftime in any school, 16.33 training program, or institution of higher education. When 16.34 determining if a student meets this criteria, the school's, 16.35 program's, or institution's criteria for being enrolled halftime 16.36 shall be used. 17.1 Sec. 8. Minnesota Statutes 1994, section 256D.051, 17.2 subdivision 3b, is amended to read: 17.3 Subd. 3b. [WORK READINESS PARTICIPATION17.4REQUIREMENTSORIENTATION.]A work readiness registrant meets the17.5work readiness participation requirements if the registrant:17.6(1) completes the specific tasks or assigned duties that17.7were identified by the county agency in the notice required17.8under section 256D.101, subdivision 1, paragraph (a); and17.9(2) meets the requirements in subdivisions 3 and 8.(a) The 17.10 county agency or its employment and training service provider 17.11 must provide an orientation to food stamp employment and 17.12 training services to each nonexempt food stamp recipient within 17.13 30 days of the date that food stamp eligibility is determined. 17.14 The orientation must inform the participant of: (1) the 17.15 requirement to participate in services; (2) the date, time, and 17.16 address to report to for services; (3) the name and telephone 17.17 number of the food stamp employment and training service 17.18 provider; (4) the consequences for failure without good cause to 17.19 comply; and (5) the services and support services available 17.20 through food stamp employment and training services and other 17.21 providers of similar services. The orientation must inform the 17.22 participant to view the food stamp program as a temporary means 17.23 of supplementing the family's food needs until the family 17.24 achieves self-sufficiency through employment. 17.25 (b) The orientation may be provided through audio-visual 17.26 methods, but the participant must have the opportunity for 17.27 face-to-face interaction with county agency staff. 17.28 Sec. 9. Minnesota Statutes 1994, section 256D.051, 17.29 subdivision 6, is amended to read: 17.30 Subd. 6. [SERVICE COSTS.] Within the limits of available 17.31 resources, the commissioner shall reimburse92 percent ofcounty 17.32 agency expenditures for providingwork readinessfood stamp 17.33 employment and training services including direct participation 17.34 expenses and administrative costs, except as provided in section17.35256.017. Statework readinessfood stamp employment and 17.36 training funds shall be used only to pay the county agency's and 18.1work readinessfood stamp employment and training service 18.2 provider's actual costs of providing participant support 18.3 services, direct program services, and program administrative 18.4 costs for persons who participate inwork readinesssuch 18.5 employment and training services.Beginning July 1, 1991,The 18.6 average annual reimbursable cost for providingwork readiness18.7 food stamp employment and training services to a recipient for 18.8 whom an individualized employability development plan is not 18.9 completed must not exceed $60 for thework readinessemployment 18.10 and training services, and$223$300 for necessary recipient 18.11 support services such as transportation or child care needed to 18.12 participate inwork readiness servicesfood stamp employment and 18.13 training program. If an individualized employability 18.14 development plan has been completed, the average annual 18.15 reimbursable cost for providingwork readinessemployment and 18.16 training services must not exceed$283, except that the total18.17annual average reimbursable cost shall not exceed $804 for18.18recipients who participate in a pilot project work experience18.19program under Laws 1993, First Special Session chapter 1,18.20article 6, section 55,$300 for all services and costs necessary 18.21 to implement the plan, including the costs of training, 18.22 employment search assistance, placement, work experience, 18.23 on-the-job training, other appropriate activities, the 18.24 administrative and program costs incurred in providing these 18.25 services, and necessary recipient support services such as 18.26 tools, clothing, and transportation needed to participate 18.27 inwork readinessfood stamp employment and training services. 18.28Beginning July 1, 1991, the state will reimburse counties, up to18.29the limit of state appropriations, according to the payment18.30schedule in section 256.025 for the county share of costs18.31incurred under this subdivision on or after January 1, 1991.18.32Payment to counties under this subdivision is subject to the18.33provisions of section 256.017.The county agency may expend 18.34 additional county funds above the dollar limits of this 18.35 subdivision without state reimbursement. 18.36 Sec. 10. Minnesota Statutes 1994, section 256D.051, 19.1 subdivision 6b, is amended to read: 19.2 Subd. 6b. [FEDERAL REIMBURSEMENT.] Federal financial 19.3 participation from the United States Department of Agriculture 19.4 forwork readinessemployment and training expenditures that are 19.5 eligible for reimbursement through the food stamp employment and 19.6 training program are dedicated funds and are annually 19.7 appropriated to the commissioner of human services for the 19.8 operation of thework readinessfood stamp employment and 19.9 training program. Federal financial participation for the 19.10 nonstate portion ofwork readinessfood stamp employment and 19.11 training costs must be paid to the county agency that incurred 19.12 the costs. 19.13 Sec. 11. Minnesota Statutes 1994, section 256D.051, 19.14 subdivision 8, is amended to read: 19.15 Subd. 8. [VOLUNTARY QUIT.] A person who is required to 19.16 participate inwork readinessfood stamp employment and training 19.17 services is not eligible forgeneral assistance or work19.18readiness payments or servicesfood stamps if, without good 19.19 cause, the person refuses a legitimate offer of, or quits, 19.20 suitable employment within 60 days before the date of 19.21 application. A person who is required to participate inwork19.22readinessfood stamp employment and training services and, 19.23 without good cause, voluntarily quits suitable employment or 19.24 refuses a legitimate offer of suitable employment while 19.25 receivinggeneral assistance or work readiness payments or19.26servicesfood stamps shall be terminated from thegeneral19.27assistance or work readinessfood stamp program as specified in 19.28 subdivision 1a. 19.29 Sec. 12. Minnesota Statutes 1994, section 256D.051, 19.30 subdivision 9, is amended to read: 19.31 Subd. 9. [SUBCONTRACTORS.] A county agency may, at its 19.32 option, subcontract any or all of the duties undersubdivision 219.33 this section to a public or private entity approved by the 19.34 commissioner of economic security. 19.35 Sec. 13. Minnesota Statutes 1994, section 256D.051, 19.36 subdivision 17, is amended to read: 20.1 Subd. 17. [START WORK GRANTS.] Within the limit of 20.2 available appropriations, the county agency may make grants 20.3 necessary to enablework readiness recipientsfood stamp 20.4 employment and training program participants to accept bona fide 20.5 offers of employment. The grants may be made for costs directly 20.6 related to starting employment, including transportation costs, 20.7 clothing, tools and equipment, license or other fees, and 20.8 relocation. Start work grants are available once in any 20.9 12-month period to arecipientparticipant. The commissioner 20.10 shall allocate money appropriated for start work grants to 20.11 counties based on each county'swork readinessfood stamp 20.12 employment and training program caseload in the 12 months ending 20.13 in March for each following state fiscal year and may reallocate 20.14 any unspent amounts. 20.15 Sec. 14. Minnesota Statutes 1994, section 256D.052, 20.16 subdivision 3, is amended to read: 20.17 Subd. 3. [SERVICES PROVIDEDPARTICIPANT LITERACY 20.18 TRANSPORTATION COSTS.] Within the limits of the state 20.19 appropriation, the county agency must provide transportation to 20.20 enablepeoplefood stamp employment and training participants to 20.21 participate in literacy training under this section. The state 20.22 shall reimburse county agencies for the costs of providing 20.23 transportation under this section up to the amount of the state 20.24 appropriation. Counties must make every effort to ensure that 20.25 child care is available as needed by recipients who are pursuing 20.26 literacy training. 20.27 Sec. 15. Minnesota Statutes 1994, section 256D.10, is 20.28 amended to read: 20.29 256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION; 20.30 SUSPENSION OF GENERAL ASSISTANCE GRANTS.] 20.31 No grant of general assistance, except one made pursuant to 20.32 section 256D.06, subdivision 2; 256D.051, subdivisions 1,20.33paragraph (d), and 1a, paragraph (b);or 256D.08, subdivision 2, 20.34 shall be reduced, terminated, or suspended unless the recipient 20.35 receives notice and is afforded an opportunity to be heard prior 20.36 to any action by the county agency. 21.1 Nothing herein shall deprive a recipient of the right to a 21.2 full administrative and judicial review of an order or 21.3 determination of a county agency as provided for in section 21.4 256.045 subsequent to any action taken by a county agency after 21.5 a prior hearing. 21.6 Sec. 16. [FUNDING.] 21.7 Funds appropriated in fiscal years 1996 and 1997 to the 21.8 commissioner are for the operation of the food stamp employment 21.9 and training program. 21.10 Sec. 17. [REVISOR INSTRUCTION.] 21.11 In the next edition of Minnesota Statutes, the revisor 21.12 shall delete the term "work readiness" from Minnesota Statutes, 21.13 sections 256D.01 to 256D.21. 21.14 Sec. 18. [REPEALER.] 21.15 Minnesota Statutes 1994, sections 256D.051, subdivisions 21.16 10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 21.17 256D.091; 256D.101; 256D.111; and 256D.113, are repealed. 21.18 ARTICLE 2 21.19 WORKING FAMILY CREDITS JOINT VENTURE 21.20 Section 1. Minnesota Statutes 1994, section 13.46, 21.21 subdivision 2, is amended to read: 21.22 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 21.23 a statute specifically provides a different classification, data 21.24 on individuals collected, maintained, used, or disseminated by 21.25 the welfare system is private data on individuals, and shall not 21.26 be disclosed except: 21.27 (1) pursuant to section 13.05; 21.28 (2) pursuant to court order; 21.29 (3) pursuant to a statute specifically authorizing access 21.30 to the private data; 21.31 (4) to an agent of the welfare system, including a law 21.32 enforcement person, attorney, or investigator acting for it in 21.33 the investigation or prosecution of a criminal or civil 21.34 proceeding relating to the administration of a program; 21.35 (5) to personnel of the welfare system who require the data 21.36 to determine eligibility, amount of assistance, and the need to 22.1 provide services of additional programs to the individual; 22.2 (6) to administer federal funds or programs; 22.3 (7) between personnel of the welfare system working in the 22.4 same program; 22.5 (8) the amounts of cash public assistance and relief paid 22.6 to welfare recipients in this state, including their namesand, 22.7 social security numbers, income, addresses, and other 22.8 demographic data as required, upon request by the department of 22.9 revenue to administer the property tax refund law, supplemental 22.10 housing allowance, early refund of refundable tax credits, and 22.11 the income tax; 22.12 (9) to the Minnesota department of economic security for 22.13 the purpose of monitoring the eligibility of the data subject 22.14 for reemployment insurance, for any employment or training 22.15 program administered, supervised, or certified by that agency, 22.16 or for the purpose of administering any rehabilitation program, 22.17 whether alone or in conjunction with the welfare system, and to 22.18 verify receipt of energy assistance for the telephone assistance 22.19 plan; 22.20 (10) to appropriate parties in connection with an emergency 22.21 if knowledge of the information is necessary to protect the 22.22 health or safety of the individual or other individuals or 22.23 persons; 22.24 (11) data maintained by residential facilities as defined 22.25 in section 245A.02 may be disclosed to the protection and 22.26 advocacy system established in this state pursuant to Part C of 22.27 Public Law Number 98-527 to protect the legal and human rights 22.28 of persons with mental retardation or other related conditions 22.29 who live in residential facilities for these persons if the 22.30 protection and advocacy system receives a complaint by or on 22.31 behalf of that person and the person does not have a legal 22.32 guardian or the state or a designee of the state is the legal 22.33 guardian of the person; 22.34 (12) to the county medical examiner or the county coroner 22.35 for identifying or locating relatives or friends of a deceased 22.36 person; 23.1 (13) data on a child support obligor who makes payments to 23.2 the public agency may be disclosed to the higher education 23.3 coordinating board to the extent necessary to determine 23.4 eligibility under section 136A.121, subdivision 2, clause (5); 23.5 (14) participant social security numbers and names 23.6 collected by the telephone assistance program may be disclosed 23.7 to the department of revenue to conduct an electronic data match 23.8 with the property tax refund database to determine eligibility 23.9 under section 237.70, subdivision 4a; 23.10 (15) the current address of a recipient of aid to families 23.11 with dependent children may be disclosed to law enforcement 23.12 officers who provide the name and social security number of the 23.13 recipient and satisfactorily demonstrate that: (i) the 23.14 recipient is a fugitive felon, including the grounds for this 23.15 determination; (ii) the location or apprehension of the felon is 23.16 within the law enforcement officer's official duties; and (iii) 23.17 the request is made in writing and in the proper exercise of 23.18 those duties; 23.19 (16) the current address of a recipient of general 23.20 assistance, work readiness, or general assistance medical care 23.21 may be disclosed to probation officers and corrections agents 23.22 who are supervising the recipient, and to law enforcement 23.23 officers who are investigating the recipient in connection with 23.24 a felony level offense; 23.25 (17) information obtained from food stamp applicant or 23.26 recipient households may be disclosed to local, state, or 23.27 federal law enforcement officials, upon their written request, 23.28 for the purpose of investigating an alleged violation of the 23.29 food stamp act, in accordance with Code of Federal Regulations, 23.30 title 7, section 272.1(c); or 23.31 (18) data on a child support obligor who is in arrears may 23.32 be disclosed for purposes of publishing the data pursuant to 23.33 section 518.575. 23.34 (b) Information on persons who have been treated for drug 23.35 or alcohol abuse may only be disclosed in accordance with the 23.36 requirements of Code of Federal Regulations, title 42, sections 24.1 2.1 to 2.67. 24.2 (c) Data provided to law enforcement agencies under 24.3 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 24.4 investigative data and are confidential or protected nonpublic 24.5 while the investigation is active. The data are private after 24.6 the investigation becomes inactive under section 13.82, 24.7 subdivision 5, paragraph (a) or (b). 24.8 (d) Mental health data shall be treated as provided in 24.9 subdivisions 7, 8, and 9, but is not subject to the access 24.10 provisions of subdivision 10, paragraph (b). 24.11 Sec. 2. Minnesota Statutes 1994, section 268.12, 24.12 subdivision 12, is amended to read: 24.13 Subd. 12. [INFORMATION.] Except as hereinafter otherwise 24.14 provided, data gathered from any employing unit or individual 24.15 pursuant to the administration of sections 268.03 to 268.231, 24.16 and from any determination as to the benefit rights of any 24.17 individual are private data on individuals or nonpublic data not 24.18 on individuals as defined in section 13.02, subdivisions 9 and 24.19 12, and may not be disclosed except pursuant to this subdivision 24.20 or a court order. These data may be disseminated to and used by 24.21 the following agencies without the consent of the subject of the 24.22 data: 24.23 (a) state and federal agencies specifically authorized 24.24 access to the data by state or federal law; 24.25 (b) any agency of this or any other state; or any federal 24.26 agency charged with the administration of an employment security 24.27 law or the maintenance of a system of public employment offices; 24.28 (c) local human rights groups within the state which have 24.29 enforcement powers; 24.30 (d) the department of revenue shall have access to 24.31 department of economic security private data on individuals and 24.32 nonpublic data not on individuals only to the extent necessary 24.33 for enforcement of Minnesota tax laws; 24.34 (e) public and private agencies responsible for 24.35 administering publicly financed assistance programs for the 24.36 purpose of monitoring the eligibility of the program's 25.1 recipients; 25.2 (f) the department of labor and industry on an 25.3 interchangeable basis with the department of economic security 25.4 subject to the following limitations and notwithstanding any law 25.5 to the contrary: 25.6 (1) the department of economic security shall have access 25.7 to private data on individuals and nonpublic data not on 25.8 individuals for uses consistent with the administration of its 25.9 duties under sections 268.03 to 268.231; and 25.10 (2) the department of labor and industry shall have access 25.11 to private data on individuals and nonpublic data not on 25.12 individuals for uses consistent with the administration of its 25.13 duties under state law; 25.14 (g) the department of trade and economic development may 25.15 have access to private data on individual employing units and 25.16 nonpublic data not on individual employing units for its 25.17 internal use only; when received by the department of trade and 25.18 economic development, the data remain private data on 25.19 individuals or nonpublic data; 25.20 (h) local and state welfare agencies for monitoring the 25.21 eligibility of the data subject for assistance programs, for the 25.22 early refund of refundable tax credits pursuant to section 3, or 25.23 for any employment or training program administered by those 25.24 agencies, whether alone, in combination with another welfare 25.25 agency, or in conjunction with the department of economic 25.26 security; 25.27 (i) local, state, and federal law enforcement agencies for 25.28 the sole purpose of ascertaining the last known address and 25.29 employment location of the data subject, provided the data 25.30 subject is the subject of a criminal investigation; and 25.31 (j) the department of health may have access to private 25.32 data on individuals and nonpublic data not on individuals solely 25.33 for the purposes of epidemiologic investigations. 25.34 Data on individuals and employing units which are 25.35 collected, maintained, or used by the department in an 25.36 investigation pursuant to section 268.18, subdivision 3, are 26.1 confidential as to data on individuals and protected nonpublic 26.2 data not on individuals as defined in section 13.02, 26.3 subdivisions 3 and 13, and shall not be disclosed except 26.4 pursuant to statute or court order or to a party named in a 26.5 criminal proceeding, administrative or judicial, for preparation 26.6 of a defense. 26.7 Tape recordings and transcripts of recordings of 26.8 proceedings before a referee of the department and exhibits 26.9 offered by parties other than the department and received into 26.10 evidence at those proceedings are private data on individuals 26.11 and nonpublic data not on individuals and shall be disclosed 26.12 only pursuant to the administration of section 268.10, 26.13 subdivisions 3 to 8, or pursuant to a court order. 26.14 Aggregate data about employers compiled from individual job 26.15 orders placed with the department of economic security are 26.16 private data on individuals and nonpublic data not on 26.17 individuals as defined in section 13.02, subdivisions 9 and 12, 26.18 if the commissioner determines that divulging the data would 26.19 result in disclosure of the identity of the employer. The 26.20 general aptitude test battery and the nonverbal aptitude test 26.21 battery as administered by the department are also classified as 26.22 private data on individuals or nonpublic data. 26.23 Data on individuals collected, maintained, or created 26.24 because an individual applies for benefits or services provided 26.25 by the energy assistance and weatherization programs 26.26 administered by the department of economic security is private 26.27 data on individuals and shall not be disseminated except 26.28 pursuant to section 13.05, subdivisions 3 and 4. 26.29 Data gathered by the department pursuant to the 26.30 administration of sections 268.03 to 268.231 shall not be made 26.31 the subject or the basis for any suit in any civil proceedings, 26.32 administrative or judicial, unless the action is initiated by 26.33 the department. 26.34 Testimony obtained under subdivision 13 and section 268.10, 26.35 subdivision 3, may not be used or considered in any civil, 26.36 administrative, or contractual proceeding, except by a local, 27.1 state, or federal human rights group with enforcement powers, 27.2 unless the proceeding is initiated by the department. 27.3 Sec. 3. [JOINT EFFORT; INCENTIVE TO WORK.] 27.4 The departments of human services and revenue, in 27.5 consultation with the department of economic security, must 27.6 jointly design a plan to provide the following monetary 27.7 supplements on a monthly basis to eligible working families: 27.8 federal and state earned income tax credits, property tax 27.9 refund, and dependent care credit. The commissioner of human 27.10 services shall report the recommendations for implementation to 27.11 the chairs of the human services policy and funding committees 27.12 of the legislature by January 1, 1996. 27.13 Sec. 4. [EARLY REFUND OF REFUNDABLE TAX CREDITS.] 27.14 Notwithstanding any law to the contrary, the commissioner 27.15 of revenue may in calendar years 1996 and 1997 refund on a 27.16 monthly basis to taxpayers selected by the commissioner of human 27.17 services an amount based on an estimate of how much the 27.18 refundable credits of Minnesota Statutes, sections 290.067, 27.19 290.0671, and 290A.04, generated in a month exceed the estimated 27.20 tax imposed under Minnesota Statutes, section 290.06, for the 27.21 month. Refunds issued under this program will be considered a 27.22 tax on the taxpayer for the year in which the credits are 27.23 generated for the purposes of assessing and collecting 27.24 overpayments of the credits. 27.25 ARTICLE 3 27.26 Section 1. Minnesota Statutes 1994, section 256.031, 27.27 subdivision 3, is amended to read: 27.28 Subd. 3. [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The 27.29 commissioner of human services, in consultation with the 27.30 commissioners of education, finance, economic security, health, 27.31 and planning, and the director of the higher education 27.32 coordinating board, is authorized to proceed with the planning 27.33 and designing of the Minnesota family investment plan and to 27.34 implement the plan to test policies, methods, and cost impact on 27.35 an experimental basis by using field trials. The commissioner, 27.36 under the authority in section 256.01, subdivision 2, shall 28.1 implement the plan according to sections 256.031 to 256.0361 and 28.2 Public Law Numbers 101-202 and 101-239, section 8015, as 28.3 amended. If major and unpredicted costs to the program occur, 28.4 the commissioner may take corrective action consistent with 28.5 Public Law Numbers 101-202 and 101-239, which may include 28.6 termination of the program. Before taking such corrective 28.7 action, the commissioner shall consult with the chairs of the 28.8 senate family services committee, the house health and human 28.9 services committee, the health care and family services division 28.10 of the senate family services and health care committees and the 28.11 human services division of the house health and human services 28.12 committee, or, if the legislature is not in session, consult 28.13 with the legislative advisory commission. 28.14 (b) The field trials shall be conducted as permitted under 28.15 federal law, for as many years as necessary, and in different 28.16 geographical settings, to provide reliable instruction about the 28.17 desirability of expanding the program statewide. 28.18 (c) The commissioner shall select the counties which shall 28.19 serve as field trial or comparison sites based on criteria which 28.20 ensure reliable evaluation of the program. 28.21 (d) The commissioner is authorized to determine the number 28.22 of families and characteristics of subgroups to be included in 28.23 the evaluation. 28.24 (i) A family that applies for or is currently receiving 28.25 financial assistance from aid to families with dependent 28.26 children; family general assistance or work readiness; or food 28.27 stamps may be tested for eligibility for aid to families with 28.28 dependent children or family general assistance and may be 28.29 assigned by the commissioner to a test or a comparison group for 28.30 the purposes of evaluating the family investment plan. A family 28.31 found not eligible for aid to families with dependent children 28.32 or family general assistance will be tested for eligibility for 28.33 the food stamp program. If found eligible for the food stamp 28.34 program, the commissioner may randomly assign the family to a 28.35 test group, comparison group, or neither group. Families 28.36 assigned to a test group receive benefits and services through 29.1 the family investment plan. Families assigned to a comparison 29.2 group receive benefits and services through existing programs. 29.3 A family may not select the group to which it is assigned. Once 29.4 assigned to a group, an eligible family must remain in that 29.5 group for the duration of the project. 29.6 (ii) To evaluate the effectiveness of the family investment 29.7 plan, the commissioner may designate a subgroup of families from 29.8 the test group who shall be exempt from section 256.035, 29.9 subdivision 1, and shall not receive case management services 29.10 under section 256.035, subdivision 6a. Families are eligible 29.11 for services under section 256.736 to the same extent as 29.12 families receiving AFDC. 29.13 (e) After field trials have begun, the commissioner may 29.14 extend field trials of the Minnesota family investment plan to 29.15 Ramsey county with county board consent. This extension of the 29.16 field trials may be executed only if permitted under federal 29.17 law, and is subject to federal approval. 29.18 ARTICLE 4 29.19 Section 1. Minnesota Statutes 1994, section 256.736, 29.20 subdivision 3a, is amended to read: 29.21 Subd. 3a. [PARTICIPATION.] (a) Except as provided under 29.22 paragraphs (b) and (c), participation in employment and training 29.23 services under this section is limited to the following 29.24 recipients: 29.25 (1) caretakers who are required to participate in a job 29.26 search under subdivision 14; 29.27 (2) custodial parents who are subject to the school 29.28 attendance or case management participation requirements under 29.29 subdivision 3b; 29.30 (3) caretakers whose participation in employment and 29.31 training services began prior to May 1, 1990, if the caretaker's 29.32 AFDC eligibility has not been interrupted for 30 days or more 29.33 and the caretaker's employability development plan has not been 29.34 completed; 29.35 (4) recipients who are members of a family in which the 29.36 youngest child is within two years of being ineligible for AFDC 30.1 due to age; 30.2 (5) custodial parents under the age of 24 who: (i) have 30.3 not completed a high school education and who, at the time of 30.4 application for AFDC, were not enrolled in high school or in a 30.5 high school equivalency program; or (ii) have had little or no 30.6 work experience in the preceding year; 30.7 (6) recipients who have received AFDC for 36 or more months 30.8 out of the last 60 months; 30.9 (7) recipients who are participants in the self-employment 30.10 investment demonstration project under section 268.95; and 30.11 (8) recipients who participate in the new chance research 30.12 and demonstration project under contract with the department of 30.13 human services. 30.14 (b) If the commissioner determines that participation of 30.15 persons listed in paragraph (a) in employment and training 30.16 services is insufficient either to meet federal performance 30.17 targets or to fully utilize funds appropriated under this 30.18 section, the commissioner may, after notifying the chairs of the 30.19 senate family services committee, the house health and human 30.20 services committee, the family services division of the senate 30.21 family services and health care committees, and the human 30.22 services division of the house health and human services 30.23 committee, permit additional groups of recipients to participate 30.24 until the next meeting of the legislative advisory commission, 30.25 after which the additional groups may continue to enroll for 30.26 participation unless the legislative advisory commission 30.27 disapproves the continued enrollment. The commissioner shall 30.28 allow participation of additional groups in the following order 30.29 only as needed to meet performance targets or fully utilize 30.30 funding for employment and training services under this section: 30.31 (1) recipients who have received 24 or more months of AFDC 30.32 out of the previous 48 months; and 30.33 (2) recipients who have not completed a high school 30.34 education or a high school equivalency program. 30.35 (c) To the extent of money appropriated specifically for 30.36 this paragraph, the commissioner may permit AFDC caretakers who 31.1 are not eligible for participation in employment and training 31.2 services under the provisions of paragraph (a) or (b) to 31.3 participate. Money must be allocated to county agencies based 31.4 on the county's percentage of participants statewide in services 31.5 under this section in the prior calendar year. Caretakers must 31.6 be selected on a first-come, first-served basis from a waiting 31.7 list of caretakers who volunteer to participate. The 31.8 commissioner may, on a quarterly basis, reallocate unused 31.9 allocations to county agencies that have sufficient volunteers. 31.10 If funding under this paragraph is discontinued in future fiscal 31.11 years, caretakers who began participating under this paragraph 31.12 must be deemed eligible under paragraph (a), clause (3). 31.13 (d) Participants who are eligible to enroll in the STRIDE 31.14 program under one of the categories of this subdivision are 31.15 required to cooperate with the assessment and employability plan 31.16 development, and to meet the terms of their employability plan. 31.17 Failure to comply, without good cause, shall result in the 31.18 imposition of sanctions as specified in subdivision 4, paragraph 31.19 (6). 31.20 Sec. 2. Minnesota Statutes 1994, section 256.736, 31.21 subdivision 4a, is amended to read: 31.22 Subd. 4a. [NOTICE, CONCILIATION, AND RIGHT OF APPEAL.] If 31.23 the employment and training service provider determines that the 31.24 caretaker has failed or refused, without good cause, to 31.25 cooperate or accept employment, the employment and training 31.26 service provider shall issue to the caretaker a written notice 31.27 of its determination of noncooperation or refusal to accept 31.28 employment. The notice must include a detailed explanation of 31.29 the reason for the determination and must specify the 31.30 consequences for failure or refusal to cooperate or accept 31.31 employment, the actions which the employment and training 31.32 service provider believes are necessary for the caretaker to 31.33 comply with the employment and training program, and the right 31.34 to request, within ten days ofreceipt ofthe date the notice 31.35 was mailed or hand delivered, a conciliation conference. The 31.36 employment and training service provider or the county agency 32.1 must conduct a conciliation conference within five days of a 32.2 timely request. If the dispute between the employment and 32.3 training service provider and the caretaker is not resolved in 32.4 the conciliation conference or a request for a conciliation 32.5 conference is not made within the required time,thenthe 32.6 employment and training service provider shall notify the county 32.7 board of a caretaker's failure without good cause to cooperate 32.8 or accept employment. Unless the county agency has evidence to 32.9 the contrary, the county agency shall implement the sanction 32.10 provisions of subdivision 4. Any determination, action, or 32.11 inaction on the part of the county board relating to a 32.12 caretaker's participation under section 256.736 is subject to 32.13 the notice and hearing procedures in section 256.045, and Code 32.14 of Federal Regulations, title 45, section 205.10. 32.15 Sec. 3. Minnesota Statutes 1994, section 256.736, 32.16 subdivision 10, is amended to read: 32.17 Subd. 10. [COUNTY DUTIES.] (a) To the extent of available 32.18 state appropriations, county boards shall: 32.19 (1) refer all mandatory and eligible volunteer caretakers 32.20 permitted to participate under subdivision 3a to an employment 32.21 and training service provider for participation in employment 32.22 and training services; 32.23 (2) identify to the employment and training service 32.24 provider the target group of which the referred caretaker is a 32.25 member; 32.26 (3) provide all caretakers with an orientation which meets 32.27 the requirements in subdivisions 10a and 10b; 32.28 (4) work with the employment and training service provider 32.29 to encourage voluntary participation by caretakers in the target 32.30 groups; 32.31 (5) work with the employment and training service provider 32.32 to collect data as required by the commissioner; 32.33 (6) to the extent permissible under federal law, require 32.34 all caretakers coming into the AFDC program to attend 32.35 orientation; 32.36 (7) encourage nontarget caretakers to develop a plan to 33.1 obtain self-sufficiency; 33.2 (8) notify the commissioner of the caretakers required to 33.3 participate in employment and training services; 33.4 (9) inform appropriate caretakers of opportunities 33.5 available through the head start program and encourage 33.6 caretakers to have their children screened for enrollment in the 33.7 program where appropriate; 33.8 (10) provide transportation assistance using available 33.9 funds to caretakers who participate in employment and training 33.10 programs; 33.11 (11) ensure that orientation, job search, services to 33.12 custodial parents under the age of 20, educational activities 33.13 and work experience for AFDC-UP families, and case management 33.14 services are made available to appropriate caretakers under this 33.15 section, except that payment for case management services is 33.16 governed by subdivision 13; 33.17 (12) explain in its local service unit plan under section 33.18 268.88 how it will ensure that target caretakers determined to 33.19 be in need of social services are provided with such social 33.20 services. The plan must specify how the case manager and the 33.21 county social service workers will ensure delivery of needed 33.22 services; 33.23 (13) to the extent allowed by federal laws and regulations, 33.24 provide a job search program as defined in subdivision 14, a 33.25 community work experience program as defined in section 256.737, 33.26 grant diversion as defined in section 256.739, and on-the-job 33.27 training as defined in section 256.738. A county may also 33.28 provide another work and training program approved by the 33.29 commissioner and the secretary of the United States Department 33.30 of Health and Human Services. Planning and approval for 33.31 employment and training services listed in this clause must be 33.32 obtained through submission of the local service unit plan as 33.33 specified under section 268.88. A county is not required to 33.34 provide a community work experience program if the county agency 33.35 is successful in placing at least 40 percent of the monthly 33.36 average of all caretakers who are subject to the job search 34.1 requirements of subdivision 14 in grant diversion or on-the-job 34.2 training program; 34.3 (14) prior to participation, provide an assessment of each 34.4 AFDC recipient who is required or volunteers to participate in 34.5 an approved employment and training service. The assessment 34.6 must include an evaluation of the participant's (i) educational, 34.7 child care, and other supportive service needs; (ii) skills and 34.8 prior work experience; and (iii) ability to secure and retain a 34.9 job which, when wages are added to child support, will support 34.10 the participant's family. The assessment must also include a 34.11 review of the results of the early and periodic screening, 34.12 diagnosis and treatment (EPSDT) screening and preschool 34.13 screening under chapter 123, if available; the participant's 34.14 family circumstances; and, in the case of a custodial parent 34.15 under the age of 18, a review of the effect of a child's 34.16 development and educational needs on the parent's ability to 34.17 participate in the program; 34.18 (15) develop an employability development plan for each 34.19 recipient for whom an assessment is required under clause (14) 34.20 which: (i) reflects the assessment required by clause (14); (ii) 34.21 takes into consideration the recipient's physical capacity, 34.22 skills, experience, health and safety, family responsibilities, 34.23 place of residence, proficiency, child care and other supportive 34.24 service needs; (iii) is based on available resources and local 34.25 employment opportunities; (iv) specifies the services to be 34.26 provided by the employment and training service provider; (v) 34.27 specifies the activities the recipient will participate in, 34.28 including the worksite to which the caretaker will be assigned, 34.29 if the caretaker is subject to the requirements of section 34.30 256.737, subdivision 2; (vi) specifies necessary supportive 34.31 services such as child care; (vii) to the extent possible, 34.32 reflects the preferences of the participant; and (viii) 34.33 specifies the recipient's long-term employment goal which shall 34.34 lead to self-sufficiency; 34.35 (16) obtain the written or oral concurrence of the 34.36 appropriate exclusive bargaining representatives with respect to 35.1 job duties covered under collective bargaining agreements to 35.2 assure that no work assignment under this section or sections 35.3 256.737, 256.738, and 256.739 results in: (i) termination, 35.4 layoff, or reduction of the work hours of an employee for the 35.5 purpose of hiring an individual under this section or sections 35.6 256.737, 256.738, and 256.739; (ii) the hiring of an individual 35.7 if any other person is on layoff from the same or a 35.8 substantially equivalent job; (iii) any infringement of the 35.9 promotional opportunities of any currently employed individual; 35.10 (iv) the impairment of existing contracts for services or 35.11 collective bargaining agreements; or (v) except for on-the-job 35.12 training under section 256.738, a participant filling an 35.13 established unfilled position vacancy;and35.14 (17) assess each caretaker in an AFDC-UP family who is 35.15 under age 25, has not completed high school or a high school 35.16 equivalency program, and who would otherwise be required to 35.17 participate in a work experience placement under section 256.737 35.18 to determine if an appropriate secondary education option is 35.19 available for the caretaker. If an appropriate secondary 35.20 education option is determined to be available for the 35.21 caretaker, the caretaker must, in lieu of participating in work 35.22 experience, enroll in and meet the educational program's 35.23 participation and attendance requirements. "Secondary 35.24 education" for this paragraph means high school education or 35.25 education designed to prepare a person to qualify for a high 35.26 school equivalency certificate, basic and remedial education, 35.27 and English as a second language education. A caretaker 35.28 required to participate in secondary education who, without good 35.29 cause, fails to participate shall be subject to the provisions 35.30 of subdivision 4a and the sanction provisions of subdivision 4, 35.31 clause (6). For purposes of this clause, "good cause" means the 35.32 inability to obtain licensed or legal nonlicensed child care 35.33 services needed to enable the caretaker to attend, inability to 35.34 obtain transportation needed to attend, illness or incapacity of 35.35 the caretaker or another member of the household which requires 35.36 the caretaker to be present in the home, or being employed for 36.1 more than 30 hours per week.; and 36.2 (18) the commissioner of human services in consultation 36.3 with the commissioner of economic security, county agency staff, 36.4 and STRIDE provider staff shall develop and implement statewide 36.5 standards for satisfactory progress for STRIDE participants who 36.6 are enrolled in education or training programs. The resulting 36.7 standards shall be implemented at the earliest possible date, 36.8 but no later than July 1, 1996. 36.9 (b) Funds available under this subdivision may not be used 36.10 to assist, promote, or deter union organizing. 36.11 (c) A county board may provide other employment and 36.12 training services that it considers necessary to help caretakers 36.13 obtain self-sufficiency. 36.14 (d) Notwithstanding section 256G.07, when a target 36.15 caretaker relocates to another county to implement the 36.16 provisions of the caretaker's case management contract or other 36.17 written employability development plan approved by the county 36.18 human service agency, its case manager or employment and 36.19 training service provider, the county that approved the plan is 36.20 responsible for the costs of case management and other services 36.21 required to carry out the plan, including employment and 36.22 training services. The county agency's responsibility for the 36.23 costs ends when all plan obligations have been met, when the 36.24 caretaker loses AFDC eligibility for at least 30 days, or when 36.25 approval of the plan is withdrawn for a reason stated in the 36.26 plan, whichever occurs first. Responsibility for the costs of 36.27 child care must be determined under chapter 256H. A county 36.28 human service agency may pay for the costs of case management, 36.29 child care, and other services required in an approved 36.30 employability development plan when the nontarget caretaker 36.31 relocates to another county or when a target caretaker again 36.32 becomes eligible for AFDC after having been ineligible for at 36.33 least 30 days. 36.34 Sec. 4. Minnesota Statutes 1994, section 256.736, 36.35 subdivision 16, is amended to read: 36.36 Subd. 16. [ALLOCATION AND USE OF MONEY.] (a) State money 37.1 appropriated for employment and training services under this 37.2 section must be allocated to counties as specified in paragraphs 37.3 (b) to(j)(l). 37.4 (b) For purposes of this subdivision, "targeted caretaker" 37.5 means a recipient who: 37.6 (1) is a custodial parent under the age of 24 who: (i) has 37.7 not completed a high school education and at the time of 37.8 application for AFDC is not enrolled in high school or in a high 37.9 school equivalency program; or (ii) had little or no work 37.10 experience in the preceding year; 37.11 (2) is a member of a family in which the youngest child is 37.12 within two years of being ineligible for AFDC due to age; or 37.13 (3) has received 36 months or more of AFDC over the last 60 37.14 months. 37.15 (c) One hundred percent of the money appropriated for case 37.16 management services as described in subdivision 11 must be 37.17 allocated to counties based on the average number of cases in 37.18 each county described in clause (1). Money appropriated for 37.19 employment and training services as described in subdivision 1a, 37.20 paragraph (d), other than case management services, must be 37.21 allocated to counties as follows: 37.22 (1) Forty percent of the state money must be allocated 37.23 based on the average number of cases receiving AFDC in the 37.24 county which either have been open for 36 or more consecutive 37.25 months or have a caretaker who is under age 24 and who has no 37.26 high school or general equivalency diploma. The average number 37.27 of cases must be based on counts of these cases as of March 31, 37.28 June 30, September 30, and December 31 of the previous year. 37.29 (2) Twenty percent of the state money must be allocated 37.30 based on the average number of cases receiving AFDC in the 37.31 county which are not counted under clause (1). The average 37.32 number of cases must be based on counts of cases as of March 31, 37.33 June 30, September 30, and December 31 of the previous year. 37.34 (3) Twenty-five percent of the state money must be 37.35 allocated based on the average monthly number of assistance 37.36 units in the county receiving AFDC-UP for the period ending 38.1 December 31 of the previous year. 38.2 (4) Fifteen percent of the state money must be allocated at 38.3 the discretion of the commissioner based on participation levels 38.4 for target group members in each county. 38.5 (d) No more than 15 percent of the money allocated under 38.6 paragraph (b) and no more than 15 percent of the money allocated 38.7 under paragraph (c) may be used for administrative activities. 38.8 (e) At least 55 percent of the money allocated to counties 38.9 under paragraph (c) must be used for employment and training 38.10 services for caretakers in the target groups, and up to 45 38.11 percent of the money may be used for employment and training 38.12 services for nontarget caretakers. One hundred percent of the 38.13 money allocated to counties for case management services must be 38.14 used to provide those services to caretakers in the target 38.15 groups. 38.16 (f) Money appropriated to cover the nonfederal share of 38.17 costs for bilingual case management services to refugees for the 38.18 employment and training programs under this section are 38.19 allocated to counties based on each county's proportion of the 38.20 total statewide number of AFDC refugee cases. However, counties 38.21 with less than one percent of the statewide number of AFDC 38.22 refugee cases do not receive an allocation. 38.23 (g) Counties, the department of economic security, and 38.24 entities under contract with either the department of economic 38.25 security or the department of human services for provision of 38.26 Project STRIDE related services shall bill the commissioner of 38.27 human services for any expenditures incurred by the county, the 38.28 county's employment and training service provider, or the 38.29 department of economic security that may be reimbursed by 38.30 federal money. The commissioner of human services shall bill 38.31 the United States Department of Health and Human Services and 38.32 the United States Department of Agriculture for the 38.33 reimbursement and appropriate the reimbursed money to the 38.34 county, the department of economic security, or employment and 38.35 training service provider that submitted the original bill. The 38.36 reimbursed money must be used to expand employment and training 39.1 services. 39.2 (h) The commissioner of human services shall review county 39.3 expenditures of case management and employment and training 39.4 block grant money at the end of the third quarter of the 39.5 biennium and each quarter after that, and may reallocate 39.6 unencumbered or unexpended money allocated under this section to 39.7 those counties that can demonstrate a need for additional 39.8 money. Reallocation of funds must be based on the formula set 39.9 forth in paragraph (a), excluding the counties that have not 39.10 demonstrated a need for additional funds. 39.11 (i) The county agency may continue to provide case 39.12 management and supportive services to a participant for up to 90 39.13 days after the participant loses AFDC eligibility and may 39.14 continue providing a specific employment and training service 39.15 for the duration of that service to a participant if funds for 39.16 the service are obligated or expended prior to the participant 39.17 losing AFDC eligibility. 39.18 (j) One hundred percent of the money appropriated for an 39.19 unemployed parent work experience program under section 256.737 39.20 must be allocated to counties based on the average monthly 39.21 number of assistance units in the county receiving AFDC-UP for 39.22 the period ending December 31 of the previous year. 39.23 (k) The commissioner, in consultation with the commissioner 39.24 of economic security, county agency staff, and STRIDE provider 39.25 staff shall develop and implement a statewide plan to make state 39.26 payments to STRIDE providers dependent on the attainment of 39.27 specific employment related performance standards. Factors to 39.28 be considered when developing performance standards include, but 39.29 are not limited to: (1) job placement rate; (2) length of job 39.30 retention; (3) wage rate at job placement; (4) AFDC closings due 39.31 to increased earned income; (5) average cost per job placement; 39.32 and (6) average length of time participants are on AFDC. The 39.33 resulting performance standards shall be implemented at the 39.34 earliest possible date, but no later than July 1, 1996. 39.35 (l) The commissioner may waive the requirement of paragraph 39.36 (e) that case management funds be spent only on case management 40.1 services in order to permit the development of a unified project 40.2 STRIDE funding allocation for each county agency. The unified 40.3 allocation may be expended by the county agency for case 40.4 management and employment and training activities in the 40.5 proportion determined necessary to streamline administrative 40.6 procedures and enhance program performance. The commissioner, 40.7 in consultation with the commissioner of economic security, may 40.8 also grant a waiver from program spending limits in paragraphs 40.9 (d) and (e) to any county which can demonstrate increased 40.10 program effectiveness through a written request to the 40.11 department. Counties which request a waiver of the spending 40.12 limits in paragraphs (d) and (e) shall amend their local service 40.13 unit plans and receive approval from the commissioner of 40.14 economic security prior to commencing the waiver. The 40.15 commissioners of human services and economic security shall 40.16 annually evaluate the effectiveness of all waivers approved 40.17 under this subdivision. Such waivers shall not require federal 40.18 waiver authority. 40.19 Sec. 5. Minnesota Statutes 1994, section 256.736, is 40.20 amended by adding a subdivision to read: 40.21 Subd. 20. [SPECIAL PROVISIONS FOR PERSONS PARTICIPATING IN 40.22 EDUCATIONAL PROGRAMS.] The provisions of this subdivision are 40.23 applicable to all project STRIDE participants, including those 40.24 subject to subdivision 3b and section 256.737. 40.25 (a) When a high school equivalency program is selected as 40.26 the appropriate educational option for any recipient eligible to 40.27 participate under subdivision 3a, the recipient must participate 40.28 in high school equivalency classroom instruction for at least 40.29 six hours per week, meet the attendance and satisfactory 40.30 progress requirements as defined by the employment and training 40.31 service provider in consultation with the provider of the high 40.32 school equivalency program, and concurrently work a monthly 40.33 average of not less than 64 hours in employment paying at least 40.34 minimum wage or in documented volunteer work. Failure to 40.35 comply, without good cause, with this requirement shall result 40.36 in the imposition of sanctions as specified in subdivision 4, 41.1 paragraph (6). 41.2 (b) Concurrent with participation in post-secondary 41.3 education or training approved in an employability development 41.4 plan under subdivision 10, paragraph (a), clause (15), the 41.5 participant must work a minimum of 64 hours per month in 41.6 employment paying at least minimum wage or in documented 41.7 volunteer work for a public or nonprofit agency and agree to 41.8 search for and accept any offer of suitable employment upon 41.9 completion of the education or training. Failure to work the 41.10 required number of hours per month, to search for employment, or 41.11 to accept a suitable offer of employment after completing 41.12 education or training will result in the imposition of sanctions 41.13 as specified in subdivision 4, paragraph (6). 41.14 ARTICLE 5 41.15 Section 1. [APPROPRIATIONS.] 41.16 Subdivision 1. [APPROPRIATIONS.] The appropriations in 41.17 this section are from the general fund to the commissioner of 41.18 human services and are available for the fiscal year ending June 41.19 30, 1996, and are added to, or subtracted from the appropriation 41.20 in Laws 1993, First Special Session, chapter 1, article 1, 41.21 section 2. 41.22 Subd. 2. [MINNESOTA PARENTS' FAIR SHARE PILOT 41.23 PROJECT.] $500,000 is appropriated for the following purposes: 41.24 (a) $300,000 for a grant to Ramsey county to enable the 41.25 county to participate in the Minnesota parents' fair share pilot 41.26 project. As a condition of this grant, the commissioner may 41.27 require a local match from the county. 41.28 (b) $50,000 each added to the appropriations to Anoka and 41.29 Dakota counties for costs associated with the Minnesota parents' 41.30 fair share pilot project. 41.31 (c) $100,000 for the cost associated with the mandatory 41.32 community work experience component of the Minnesota parents' 41.33 fair share pilot project. 41.34 (d) The Minnesota parents' fair share pilot project shall 41.35 include a mandatory community work experience component for 41.36 participants who fail to comply with the requirements of the 42.1 pilot project. 42.2 ARTICLE 6 42.3 Section 1. Minnesota Statutes 1994, section 256.73, 42.4 subdivision 3a, is amended to read: 42.5 Subd. 3a. [PERSONS INELIGIBLE.] No assistance shall be 42.6 given under sections 256.72 to 256.87: 42.7 (1) on behalf of any person who is receiving supplemental 42.8 security income under title XVI of the Social Security Act 42.9 unless permitted by federal regulations; 42.10 (2) for any month in which the assistance unit's gross 42.11 income, without application of deductions or disregards, exceeds 42.12 185 percent of the standard of need for a family of the same 42.13 size and composition; except that the earnings of a dependent 42.14 child who is a full-time student may be disregarded for six 42.15 months per calendar year and the earnings of a dependent child 42.16 that are derived from the jobs training and partnership act 42.17 (JTPA) may be disregarded for six months per calendar year. 42.18 These two earnings disregards cannot be combined to allow more 42.19 than a total of six months per calendar year when the earned 42.20 income of a full-time student is derived from participation in a 42.21 program under the JTPA. If a stepparent's income is taken into 42.22 account in determining need, the disregards specified in section 42.23 256.74, subdivision 1a, shall be applied to determine income 42.24 available to the assistance unit before calculating the unit's 42.25 gross income for purposes of this paragraph; 42.26 (3) to any assistance unit for any month in which any 42.27 caretaker relative with whom the child is living is, on the last 42.28 day of that month, participating in a strike; 42.29 (4) on behalf of any other individual in the assistance 42.30 unit, nor shall the individual's needs be taken into account for 42.31 any month in which, on the last day of the month, the individual 42.32 is participating in a strike; 42.33 (5) on behalf of any individual who is the principal earner 42.34 in an assistance unit whose eligibility is based on the 42.35 unemployment of a parent when the principal earner, without good 42.36 cause, fails or refuses to accept employment, or to register 43.1 with a public employment office, unless the principal earner is 43.2 exempt from these work requirements; and 43.3 (6) to any assistance unit which has not received a cash 43.4 payment for at least 12 months under AFDC in Minnesota or 43.5 participated in the work first program for at least 12 months, 43.6 and is required to work under the work first program. 43.7 Sec. 2. [256.7351] [WORK FIRST PROGRAM.] 43.8 Subdivision 1. [CITATION.] Sections 256.7351 to 256.7359 43.9 may be cited as the work first program. 43.10 Subd. 2. [DEFINITIONS.] As used in sections 256.7351 to 43.11 256.7359, the following words have the meanings given them: 43.12 (1) "AFDC" means aid to families with dependent children. 43.13 (2) "AFDC-UP" means AFDC clients who are eligible for 43.14 assistance by reason of unemployment as defined by the 43.15 commissioner under section 256.12, subdivision 14. 43.16 (3) "Applicant" means an individual who has submitted a 43.17 request for assistance under the AFDC or FGA program, and for at 43.18 least 12 months has not received an AFDC or FGA grant in 43.19 Minnesota or participated in the work first program. 43.20 (4) "Application date" means the date any Minnesota county 43.21 agency receives a signed and dated CAF Part I. 43.22 (5) "CAF" means a combined application form on which people 43.23 apply for multiple assistance programs including: aid to 43.24 families with dependent children, refugee cash assistance, 43.25 general assistance, work readiness, Minnesota supplemental aid, 43.26 food stamps, medical assistance, general assistance medical 43.27 care, emergency assistance, emergency medical assistance, and 43.28 emergency general assistance medical care. 43.29 (6) "Caretaker" means a parent or eligible adult, including 43.30 a pregnant woman, who is part of the assistance unit that has 43.31 applied for or is receiving an AFDC or FGA grant. 43.32 (7) "Child support" means a voluntary or court-ordered 43.33 payment by absent parents in an assistance unit. 43.34 (8) "Commissioner" means the commissioner of human services. 43.35 (9) "Department" means the department of human services. 43.36 (10) "Employability development plan" or "EDP" means a plan 44.1 developed by the applicant, with advice from the employment 44.2 advisor, for the purposes of identifying an employment goal, 44.3 improving work skills through education, training or skills 44.4 recertification, and which addresses barriers to employment. 44.5 (11) "EDP status report form" means a program form on which 44.6 deferred participants indicate what has been achieved in the 44.7 participant's EDP and the types of problems encountered. 44.8 (12) "Employment advisor" means a program staff who is 44.9 qualified to assist the participant to develop a job search or 44.10 employability development plan; match the participant with 44.11 existing job openings; refer the participant to employers; and 44.12 has an extensive knowledge of employers in the area. 44.13 (13) "Financial specialist" means a program staff who is 44.14 trained to explain the benefits offered under the program; 44.15 determine eligibility for different assistance programs; and 44.16 broker other resources from employers and the community. 44.17 (14) "Job network" means an informal group of people that a 44.18 person may contact to learn more about particular companies, 44.19 inquire about job leads, or discuss one's occupational interests 44.20 and expertise. 44.21 (15) "Job search allowance" means the amount needed to 44.22 support job search or while the caretaker is deferred from the 44.23 job search requirement. 44.24 (16) "Job search plan" or "JSP" means the specific plan 44.25 developed by the applicant, with advice from the employment 44.26 advisor, to secure a job as soon as possible, and focus the 44.27 scope of the search process and other activities. Under the 44.28 work first program, a job search plan shall meet the 44.29 requirements for an EDP under section 256.736, subdivision 10, 44.30 paragraph (a), clause (15). 44.31 (17) "JSP status report form" means a program form on which 44.32 participants indicate the number of submitted job applications, 44.33 job interviews held, jobs offered, other outcomes achieved, 44.34 problems encountered, and the total number of hours spent on job 44.35 search per week. 44.36 (18) "Net income" means gross wages minus the amount 45.1 withheld for state, federal income and social security taxes, 45.2 and union dues. 45.3 (19) "Participant" means a recipient who is required to 45.4 participate in the work first program, in lieu of receiving aid 45.5 under the AFDC or FGA program. 45.6 (20) "Program" means the work first program. 45.7 (21) "Provider" means a legal entity responsible for the 45.8 administration of the work first program including transitional 45.9 benefits. 45.10 (22) "Self-employment" means employment where people work 45.11 for themselves rather than an employer, are responsible for 45.12 their own work schedule, and do not have taxes or FICA withheld 45.13 by an employer. 45.14 (23) "Social contract" means the agreement between the 45.15 provider or its representative and the applicant that describes 45.16 the activities that the applicant must conduct and the necessary 45.17 enabling services and aid to be furnished by the provider to 45.18 enable the individual to meet the purpose of either the JSP or 45.19 EDP. 45.20 (24) "Stipend" means a payment for work in a temporary 45.21 public service job. 45.22 (25) "Subsidized job" means a job that is partly reimbursed 45.23 by the provider for cost of wages for participants in the 45.24 program. 45.25 (26) "Wage supplement" means an amount intended to ensure 45.26 that the net income that a participant earns while participating 45.27 in the program is not less than the grant that the participant 45.28 would otherwise receive under the AFDC or FGA program. 45.29 Subd. 3. [ESTABLISHING WORK FIRST PROGRAM.] The 45.30 commissioners of human services and economic security shall 45.31 develop and establish a program which requires applicants for 45.32 aid under AFDC under section 256.72, or general assistance 45.33 program (FGA), under section 256D.05, subdivision 1, clause 15, 45.34 in selected pilot counties to work under the work first program, 45.35 in lieu of receiving payments under the AFDC or FGA program, 45.36 whichever is applicable. The purpose of the program is to 46.1 assure that: 46.2 (1) the participant who would otherwise be eligible for an 46.3 AFDC or FGA grant is working as early as possible; 46.4 (2) to promote greater opportunity for economic 46.5 self-support, participation, and mobility in the work force; and 46.6 (3) to minimize the risk for long-term welfare dependency. 46.7 Subd. 4. [PROGRAM ADMINISTRATION.] The program must be 46.8 administered in a way that, in addition to the county agency, 46.9 other sectors in the community such as employers from the public 46.10 and private sectors, not-for-profit organizations, educational 46.11 and social service agencies, and neighborhood associations are 46.12 involved. To the extent possible, program operation shall be 46.13 advised and supported by a voluntary local cooperative organized 46.14 specifically for the program. 46.15 Subd. 5. [PROGRAM DESIGN.] The program shall be designed 46.16 to meet the following principles: 46.17 (1) work is the primary means of economic support; 46.18 (2) the individuals's potential is reviewed during the 46.19 application process to determine how to approach the job market 46.20 aggressively; 46.21 (3) public aid such as cash and medical assistance, child 46.22 care, child support assurance, and other cash benefits are used 46.23 to support intensive job search and immediate work; and 46.24 (4) maximum use is made of tax credits to supplement income. 46.25 Subd. 6. [WAIVER REQUESTS.] The department shall request 46.26 all waivers to implement the program by July 1, 1996, or at the 46.27 earliest possible date. Upon obtaining all waivers, the 46.28 department shall amend the state plans for the AFDC and the Jobs 46.29 Opportunities and Basic Skills Program (JOBS), Child Care and 46.30 Development Block Grant and Supportive Services plan to 46.31 coordinate these programs under the work first program for the 46.32 pilot counties, and shall seek approval of state plan 46.33 amendments. The department shall request all waivers from 46.34 federal statutes and regulations to qualify the program as a 46.35 federally approved demonstration project under United States 46.36 Code, title 42, section 1315, of the Social Security Act. 47.1 Subd. 7. [COMPARISON SITES; PROGRAM EVALUATION.] The 47.2 commissioners of human services and economic security shall 47.3 select the counties which shall serve as field trial or 47.4 comparison sites for three years based on criteria which ensure 47.5 reliable evaluation of the program. 47.6 Subd. 8. [DUTIES OF THE COMMISSIONER.] In addition to any 47.7 other duties imposed by law, the commissioner shall: 47.8 (1) request all waivers to implement the program by July 1, 47.9 1996, or at the earliest possible date; 47.10 (2) establish the program according to sections 256.7351 to 47.11 256.7359 and allocate money to pilot counties participating in 47.12 the program; 47.13 (3) ensure that systems development and staff retraining 47.14 are funded and accomplished; 47.15 (4) accept and supervise the disbursement of any funds that 47.16 may be provided from other sources for use in the demonstration 47.17 program; and 47.18 (5) direct a study to safeguard the interests of children. 47.19 Subd. 9. [DUTIES OF THE COUNTY AGENCY.] The county agency 47.20 shall: 47.21 (1) collaborate with the commissioners of human services 47.22 and economic security and other agencies to develop, implement, 47.23 and evaluate the demonstration of the work first program; 47.24 (2) operate the work first program in partnership with 47.25 private and public employers, local industry councils, and 47.26 employment, educational, and social service agencies and 47.27 according to subdivision 4; 47.28 (3) ensure that program components such as client 47.29 orientation, immediate job search, job development, creation of 47.30 temporary public service jobs, job placements and post placement 47.31 follow-up are implemented according to the work first program; 47.32 and 47.33 (4) consider extending mandatory participation in 47.34 employment and training services under section 256.736 to 47.35 participants who have completed the program without 47.36 succcessfully securing a job. 48.1 Subd. 10. [DUTIES OF THE PARTICIPANT.] To be eligible for 48.2 the work first program, a participant shall cooperate with the 48.3 county agency, the provider, and the participant's employer in 48.4 all aspects of the program. 48.5 Sec. 3. [256.7352] [PROGRAM PARTICIPANTS.] 48.6 Applicants who have not received aid under the AFDC or FGA 48.7 program in Minnesota for at least 12 months, nor participated in 48.8 the work first program for at least 12 months shall be required 48.9 to work under the work first program unless they belong to any 48.10 of the following groups: 48.11 (1) caretakers under age 20 who have not completed a high 48.12 school education and are attending high school on a full-time 48.13 basis; 48.14 (2) individuals who are age 60 or older; 48.15 (3) individuals who are suffering from a professionally 48.16 certified permanent or temporary illness, injury, or incapacity 48.17 which is expected to continue for more than 30 days and which 48.18 prevents the person from obtaining or retaining employment; 48.19 (4) caretakers whose presence in the home is needed because 48.20 of illness or incapacity of another member in the household; 48.21 (5) women who are pregnant, if it has been medically 48.22 verified that the child is expected to be born within the next 48.23 six months; 48.24 (6) caretakers or other caretaker relatives of a child 48.25 under the age of three who personally provide full-time care for 48.26 the child; 48.27 (7) individuals for whom participation would require a 48.28 round trip commuting time by available transportation of more 48.29 than two hours, excluding transporting of children for child 48.30 care; or 48.31 (8) caretakers who are eligible under the AFDC-UP program. 48.32 Sec. 4. [256.7353] [PROGRAM REQUIREMENTS.] 48.33 Subdivision 1. [IMMEDIATE JOB SEARCH.] Unless deferred 48.34 under subdivision 6, all applicants will be required to conduct 48.35 job search within seven days after the date of application for 48.36 at least 32 hours per week for up to eight weeks. Within the 49.1 first week of job search, the applicant or the participant is 49.2 required to initiate informational contacts with employers, 49.3 generate additional job leads from one's job network, review 49.4 references and experiences from previous employment, and carry 49.5 out other activities as described under the job search plan 49.6 under subdivision 3. 49.7 Subd. 1a. [NOTIFICATION OF PROGRAM.] Except for the 49.8 provisions in this section, the general provisions for AFDC and 49.9 FGA application process shall be followed. Within two days 49.10 after the receipt of a completed combined application form, the 49.11 county agency must refer to the provider the applicant who meets 49.12 the conditions under section 256.73, subdivision 3a, clause (6), 49.13 and notify the applicant in writing of the program including the 49.14 following provisions: 49.15 (1) notification that the applicant's application shall be 49.16 reviewed under the work first program in lieu of the AFDC or FGA 49.17 program, and that as part of the application process, applicants 49.18 are required to attend orientation, to be followed immediately 49.19 by a job search; 49.20 (2) the program provider, the date, time, and location of 49.21 the scheduled program orientation; 49.22 (3) the procedures for qualifying for and receiving 49.23 transitional cash benefits under the program; 49.24 (4) the immediate availability of supportive services, 49.25 including, but not limited to, child care, transportation, 49.26 medical assistance, and other work-related aid; and 49.27 (5) the rights, responsibilities, and obligations of 49.28 participants in the program, including, but not limited to, the 49.29 grounds for exemptions and deferrals, the consequences for 49.30 refusing or failing to participate fully, and the appeal process. 49.31 Subd. 2. [PROGRAM ORIENTATION.] The provider must give a 49.32 face-to-face orientation regarding the program to the applicant 49.33 within five days after the date of application. The orientation 49.34 must be designed to inform the applicant of: 49.35 (1) the importance of locating and obtaining a job as soon 49.36 as possible; 50.1 (2) that transitional benefits shall be provided to support 50.2 work; 50.3 (3) the manner by which transitional benefits shall be 50.4 paid; 50.5 (4) how other supportive services such as medical 50.6 assistance, child care, transportation, and other work-related 50.7 aid shall be available to support job search and work; 50.8 (5) the consequences for failure without good cause to 50.9 comply with program requirements; and 50.10 (6) the appeal process. 50.11 Subd. 3. [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL 50.12 SPECIALIST.] At the end of orientation, the provider must assign 50.13 an employment advisor and a financial specialist to the 50.14 applicant. With advice from the employment advisor, the 50.15 applicant must develop a job search plan (JSP) based on existing 50.16 job markets, prior employment, work experience, and transferable 50.17 work skills. A job search must be planned and conducted for a 50.18 period of up to eight consecutive weeks from the date of 50.19 application and for at least 32 hours per week. The types of 50.20 and target number of job openings to be pursued per week must be 50.21 written in the job search plan. The following activities may be 50.22 included in the job search plan: 50.23 (1) motivational counseling; 50.24 (2) job networking or training on how to locate job 50.25 openings; 50.26 (3) development of a personal resume; and 50.27 (4) information on how to conduct job interviews and 50.28 establish a personal job network. 50.29 Following the development of the JSP or the employability 50.30 development plan (EDP) under subdivision 6, the financial 50.31 specialist must interview the applicant to determine eligibility 50.32 for and the extent of benefits under sections 256.7356 and 50.33 256.7357 to support the job search or employability development 50.34 plan. The provider must attach to the appropriate plan, the 50.35 summary of the necessary enabling services and benefits to be 50.36 furnished by the provider. The provider or its representative 51.1 and the applicant must sign the plan, with its attachment, to 51.2 indicate a social contract between the provider and the 51.3 participant. 51.4 Subd. 4. [PROVIDER DUTIES.] The provider must act on the 51.5 application within 30 days of the application date. If the 51.6 applicant is not eligible, the application will be denied and 51.7 the provider must notify the applicant of the denial in 51.8 writing. The applicant may be allowed to complete the job 51.9 search plan. 51.10 Subd. 5. [JOB SEARCH STATUS REPORT.] The applicant or 51.11 participant must submit a completed JSP status report form to 51.12 the employment advisor every two weeks during the job search 51.13 process, with the first completed form due 21 days after the 51.14 date of application. 51.15 Subd. 6. [EMPLOYABILITY DEVELOPMENT PLAN.] At the 51.16 discretion and approval of the employment advisor, the applicant 51.17 may be deferred from the requirement to conduct at least 32 51.18 hours of job search per week for up to eight consecutive weeks, 51.19 if during the development of the job search plan, the applicant 51.20 is determined to: 51.21 (1) be dealing with issues from chemical dependency or 51.22 abuse, or other personal problems, provided that the applicant 51.23 agrees to develop an EDP instead of a JSP, and immediately 51.24 follow through with the activities in the EDP. The EDP must 51.25 include specific outcomes that the applicant must achieve for 51.26 the duration of the EDP and activities which are needed to 51.27 address the issues identified; or 51.28 (2) not have worked within the past 12 months and not have 51.29 a high school or a general equivalency diploma provided the 51.30 applicant agrees to develop and carry out an EDP instead of job 51.31 search, and concurrently works for at least 16 hours per week in 51.32 a temporary public service job. The EDP must include the 51.33 employment goals and specific outcomes the participant must 51.34 achieve; or 51.35 (3) be within six months of completing any post-secondary 51.36 training program, provided that the applicant agrees to develop 52.1 and carry out an EDP instead of a job search, and concurrently 52.2 work for at least 16 hours per week in a temporary public 52.3 service job. The EDP must include the employment goal and 52.4 specific outcomes that the participant must achieve. The 52.5 applicant that is deferred under clause (2) or (3) may choose to 52.6 work in a nonsubsidized job for at least 16 hours per week 52.7 rather than in a temporary public service job. Under clause 52.8 (1), the applicant may be deferred for up to eight weeks; under 52.9 clause (2) or this clause, the applicant may be deferred for up 52.10 to six months. At the end of the deferment period, the 52.11 participant must develop a job search plan and conduct at least 52.12 32 hours of job search per week for up to eight consecutive 52.13 weeks, and submit reports as required under subdivisions 3 and 5. 52.14 Subd. 7. [EDP STATUS REPORT.] The participant who is 52.15 deferred from job search under subdivision 6 must submit a 52.16 completed EDP status report form to the employment advisor every 52.17 14 days as long as the participant continues to be deferred, 52.18 with the first completed form due 21 days after the date of 52.19 application. 52.20 Subd. 8. [JOB OFFER.] The participant must not refuse any 52.21 job offer, provided that the job is within the participant's 52.22 physical and mental abilities, pays hourly gross wages of not 52.23 less than the applicable state or federal minimum wage, and 52.24 meets health and safety standards set by federal, state, and 52.25 local agencies. If a job is offered, the participant must 52.26 inform the provider immediately to redetermine eligibility for 52.27 and extent of benefits and services to support work. To ensure 52.28 job retention, the provider may provide services such as 52.29 motivational counseling or on-site problem solving for up to six 52.30 months. The participant who has completed at least six months 52.31 of work in a nonsubsidized job shall be encouraged to 52.32 participate in a training program that would improve the 52.33 participant's ability to obtain a job that pays a higher wage. 52.34 Subd. 8a. [DUTY TO REPORT.] The participant must 52.35 immediately inform the provider regarding any changes related to 52.36 the participant's employment status. 53.1 Subd. 9. [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC 53.2 SERVICE JOB.] (a) If after the completion of the maximum eight 53.3 weeks of job search the participant has failed to secure a 53.4 nonsubsidized or a subsidized job for at least 32 hours per 53.5 week, or does not earn a net income from self-improvement that 53.6 is equal to at least the AFDC or FGA monthly grant for the 53.7 household size, whichever is applicable, the participant is 53.8 required to work in a temporary public service job for up to 53.9 four months for (1) at least 32 hours per week, or (2) a period 53.10 equivalent to the result of dividing the AFDC or FGA grant 53.11 amount which the participant would otherwise receive, whichever 53.12 is applicable, by the federal hourly minimum wage, or applicable 53.13 hourly state minimum wage, or the hourly rate of pay for 53.14 individuals employed in the same occupation at the site; 53.15 whichever is highest. If the result is more than 128 hours, the 53.16 participant's requirement to work in a temporary public service 53.17 job shall not be more than 32 hours per week. 53.18 (b) Within seven days from the date of application the 53.19 participant that is deferred under subdivision 6, clause (2) or 53.20 (3), must work in a temporary public service job for at least 16 53.21 hours per week, unless the participant chooses to work in 53.22 nonsubsidized jobs for at least 16 hours per week. 53.23 (c) The provider shall strive to match the profile of the 53.24 participant with the needs of the employers that are 53.25 participating in temporary jobs program under section 256.7355. 53.26 Subd. 10. [TERMINATION OF WORK ASSIGNMENT.] If after four 53.27 months of work in a temporary public service job, the 53.28 participant has not secured a nonsubsidized job, the employer 53.29 must terminate the work assignment and refer the participant to 53.30 the provider for assessment. The provider must immediately 53.31 refer the participant back to the county agency for aid under 53.32 the AFDC or FGA program, and other work and training programs. 53.33 Sec. 5. [256.7354] [JOB DEVELOPMENT AND SUBSIDY.] 53.34 Subdivision 1. [JOB INVENTORY.] The provider must develop 53.35 an inventory of job openings including full-time, part-time, 53.36 permanent, temporary or seasonal, and training positions, in 54.1 partnership with private and public employers, local industry 54.2 councils, and employment agencies. To the extent possible, the 54.3 inventory must include specific information regarding job 54.4 openings, must be updated on a weekly basis, and available to 54.5 all participants on a daily basis. 54.6 Subd. 2. [JOB SUBSIDY.] The provider may subsidize a job 54.7 for the purpose of providing work experience or training to the 54.8 participant who has completed the job search plan, provided that 54.9 (1) the job to be subsidized is permanent and full time, and 54.10 pays an hourly rate of at least $6 per hour; (2) the employer 54.11 agrees to retain the participant after satisfactory completion 54.12 of the work experience or training period; and (3) the 54.13 participant has first tried to secure a nonsubsidized job by 54.14 following the job search plan. The subsidy may be available for 54.15 up to six months. 54.16 Sec. 6. [256.7355] [TEMPORARY JOBS PROGRAM.] 54.17 Subdivision 1. [PROGRAM ESTABLISHED.] The provider must 54.18 establish and operate a program to provide temporary jobs to 54.19 participants who, after eight weeks of job search, are not hired 54.20 into a nonsubsidized or a subsidized job, or are deferred under 54.21 section 256.7353, subdivision 6, clause (2) or (3). The 54.22 temporary jobs to be created under this section must be public 54.23 service jobs that serve a useful public service such as: 54.24 health, social service, environmental protection, education, 54.25 urban and rural development and redevelopment, welfare, 54.26 recreation, public facilities, public safety, community service, 54.27 services to the aged or disabled citizens, and child care. 54.28 Subd. 2. [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE 54.29 JOBS.] The provider must assign the participant that is within 54.30 completion of the required eight weeks of job search and has 54.31 failed to secure a nonsubsidized or a subsidized job for at 54.32 least 32 hours per week, or does not earn a net income from 54.33 self-employment that is equal to at least the AFDC or FGA 54.34 monthly grant for the household size, whichever is applicable, 54.35 to a temporary public service job. The assignment must be made 54.36 seven days before the end of the job search and be based on 55.1 section 256.7353, subdivision 9. The participant that is 55.2 deferred under section 256.7353, subdivision 6 will be assigned 55.3 by the provider to a temporary public service job within seven 55.4 days after the application. 55.5 Subd. 3. [STIPEND.] The participant shall be paid an 55.6 hourly stipend that is equal to the federal hourly minimum wage, 55.7 or applicable hourly state minimum wage, or the hourly rate of 55.8 pay for individuals employed in the same or similar occupations 55.9 at the site, whichever is highest. The stipend shall be paid by 55.10 the employer in which the temporary public service job is 55.11 located. 55.12 Subd. 4. [TRAINEE STATUS.] The participant who is working 55.13 in a temporary public service job under this section is 55.14 considered a trainee for the purposes of workers' compensation, 55.15 unemployment insurance compensation, retirement, or civil 55.16 service laws, and shall not perform work ordinarily performed by 55.17 a regular public employee. 55.18 Subd. 5. [JOB SEARCH REQUIREMENT.] At the discretion of 55.19 the employer or the provider, the participant who is working in 55.20 a temporary public service job under section 256.7353, 55.21 subdivision 9, may be required to continue to look for a job for 55.22 up to eight hours per week. For the purpose of paying stipends, 55.23 hours spent to conduct job search shall also be considered as 55.24 hours worked. 55.25 Subd. 6. [EXCUSED ABSENCES.] The participant who is 55.26 working in a temporary public service job may be allowed excused 55.27 absences from the assigned temporary job site up to eight hours 55.28 per month. For the purposes of this subdivision, "excused 55.29 absence" means absence due to temporary illness or injury of the 55.30 caretaker or a member of the caretaker's family, the 55.31 unavailability of licensed child care or transportation needed 55.32 to go to and from the work site, a job interview, or a 55.33 nonmedical emergency. For the purposes of this subdivision, 55.34 "emergency" has the meaning given it in section 256.736, 55.35 subdivision 10a, paragraph (g), clause (3). The commissioner 55.36 shall determine other situations under which the provider may 56.1 adjust the amount of cash grants or wage supplements under 56.2 section 256.7356. 56.3 Sec. 7. [256.7356] [TRANSITIONAL BENEFITS TO SUPPORT 56.4 WORK.] 56.5 Subdivision 1. [RENT AND UTILITIES VENDOR 56.6 PAYMENT.] Payments for rent and utilities up to the grant amount 56.7 that the applicant or participant would otherwise receive under 56.8 the AFDC or FGA program, whichever is applicable, will be 56.9 provided in the form of vendor payments for up to two months. 56.10 To the extent needed, a job search allowance will be provided 56.11 for up to eight weeks to cover expenses related to the job 56.12 search, or while the applicant or the participant is deferred 56.13 under section 256.7353, subdivision 6. Before the job search 56.14 allowance is issued, it must be approved by the employment 56.15 advisor and financial specialist, and clearly described in the 56.16 job search or employability development plan. 56.17 Subd. 2. [STIPENDS TO NONDEFERRED PARTICIPANTS.] (a) 56.18 Stipends will be paid to the nondeferred participant who is 56.19 working in a temporary public service job, at an hourly rate 56.20 equal to (1) the federal hourly minimum wage, (2) the applicable 56.21 hourly state minimum wage, or (3) the hourly rate of pay for 56.22 individuals employed in the same or similar occupations at the 56.23 site of the temporary public service job, whichever is highest, 56.24 will be paid to the nondeferred participant who is working in a 56.25 temporary public service job. The employer shall pay the 56.26 stipends at least two times per month or according to the 56.27 employer's payroll schedule for the number of hours worked 56.28 during a two-week period. 56.29 (b) The applicant or participant who is deferred under 56.30 section 256.7353, subdivision 6, clause (2) or (3), will be paid 56.31 a semi-monthly stipend equal to half of the AFDC or FGA grant 56.32 for the household size, whichever is applicable, provided that 56.33 the applicant or participant is working in a temporary public 56.34 service job for at least 16 hours per week and complies with 56.35 activities described in the EDP. 56.36 Subd. 3. [WAGE SUPPLEMENT.] (a) A wage supplement to cover 57.1 the entire expense or part of the expense incurred for 57.2 transportation to and from work, uniforms, tools and equipment 57.3 used on the job, and for meals up to $3 per work day, shall be 57.4 available to the participant whenever the net income is less 57.5 than the grant amount in any given month that the participant 57.6 would otherwise receive money under the AFDC or FGA program, 57.7 whichever is applicable. The amount of a wage supplement for 57.8 any given month is determined by subtracting the net income for 57.9 a given month from the AFDC or FGA grant amount for the 57.10 household size. The employer shall pay the wage supplement one 57.11 week after the last pay check or stipend in a given month. The 57.12 wage supplement shall be available for up to six months. A wage 57.13 supplement will not be used to adjust a decrease in a 57.14 participant's net income due to unexcused absences. 57.15 (b) The provider may advance a part of a projected wage 57.16 supplement to assist the participant in meeting work expenses 57.17 listed under paragraph (a) during the first two weeks of 57.18 employment. 57.19 Sec. 8. [256.7357] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL 57.20 ASSISTANCE, AND CHILD CARE.] 57.21 The participant shall be treated as an AFDC or FGA 57.22 recipient for food stamps, medical assistance, and child care 57.23 eligibility purposes. As with an AFDC recipient, the 57.24 participant who leaves the program as a result of increased 57.25 earnings from employment shall be eligible for transitional 57.26 medical assistance and child care. 57.27 Sec. 9. [256.7358] [SANCTIONS AND APPEAL PROCESS.] 57.28 Subdivision 1. [SANCTIONS.] The provider and the employer 57.29 participating in this program under sections 256.7354 and 57.30 256.7355 shall be guided by the sanctions described under this 57.31 subdivision when the participant without good cause fails to 57.32 fully comply with the requirements of the program. 57.33 (a) If the participant does not attend the face-to-face 57.34 orientation as notified and scheduled, or fails to develop a JSP 57.35 or EDP seven days after the date of application, the application 57.36 process will be terminated. 58.1 (b) If the participant fails to conduct at least 32 hours 58.2 of job search per week in any given two-week period, the 58.3 participant will be immediately required to work for at least 16 58.4 hours per week in a temporary public service job, provided that 58.5 the participant has received at least one written warning from 58.6 the provider. The required 32 hours per week of job search will 58.7 be reduced to 16 hours. 58.8 (c) If the participant who is deferred under section 58.9 256.7353, subdivision 6, fails to comply with the activities 58.10 described in the EDP, the participant will lose the deferment 58.11 status, provided that the participant has received at least two 58.12 written warnings from the provider. 58.13 (d) If the participant who is assigned to work in a 58.14 temporary public service job fails to perform according to the 58.15 personnel practices established by the employer or as agreed 58.16 upon among the provider, the participant, and the employer, the 58.17 employer reserves the right to impose disciplinary actions 58.18 according to established standards and procedures at the work 58.19 site including job termination. 58.20 (e) If the participant refuses to work in a temporary 58.21 public service job, or is terminated from temporary public 58.22 service or a nonsubsidized or a subsidized job, the participant 58.23 shall not be eligible to apply for aid under the AFDC or FGA 58.24 programs or the work first program for at least six months from 58.25 the date of refusal or termination. If the participant 58.26 voluntarily quits a nonsubsidized or a subsidized job, the 58.27 participant shall immediately be assigned to work in a temporary 58.28 public service job for at least 32 hours per week for up to at 58.29 least four months, unless the participant is hired or rehired 58.30 into a nonsubsidized or subsidized job. 58.31 Subd. 2. [EMPLOYERS DUTY.] The employer participating in 58.32 the program under sections 256.7354 and 256.7355 must consult 58.33 with the provider before deciding to apply the sanctions listed 58.34 under subdivision 1, paragraphs (d) and (e). 58.35 Subd. 3. [NOTICE OF SANCTIONS.] If the provider or the 58.36 employer determines that the participant has failed or refused 59.1 without good cause to cooperate with the program requirements, 59.2 the provider or the employer shall inform the caretaker in 59.3 writing of its intent to impose an applicable sanction listed 59.4 under subdivision 1. The notice must include a detailed 59.5 explanation of the decision and the right to request, within 59.6 five days of receipt of the notice, a conciliation conference. 59.7 If the dispute between the provider and the participant is not 59.8 resolved in the conciliation conference or a request for a 59.9 conciliation conference is not made within the required time, 59.10 the provider must inform the county agency of the participant's 59.11 failure without good cause to comply with the requirements of 59.12 the program. Any determination, action, or inaction on the part 59.13 of the county agency relating to the participant's participation 59.14 in the program is subject to the notice and hearing procedures 59.15 in section 256.045, and Code of Federal Regulations, title 45, 59.16 section 205.10. 59.17 Sec. 10. [256.7359] [FUNDING.] 59.18 Subdivision 1. [BLOCK GRANT.] A block grant to fund the 59.19 entire program including, but not limited to, the costs for 59.20 program administration and provision of transitional cash 59.21 benefits and program services will be paid to the county agency 59.22 or provider participating in the work first program. 59.23 Subd. 2. [LEVERAGING GRANT AMOUNT TO SECURE OTHER 59.24 FUNDS.] The county agency or the provider in cooperation with 59.25 the department may leverage the grant amount to secure other 59.26 funds from employers, foundations, and the community for the 59.27 purpose of developing additional components to benefit children 59.28 and improve the program. 59.29 Subd. 3. [EMPLOYER REIMBURSEMENT.] The employer shall be 59.30 reimbursed for wages paid to participants under section 59.31 256.7354, subdivision 2, and for the stipends paid to 59.32 participants under section 256.7356, subdivision 2. 59.33 ARTICLE 7 59.34 Section 1. Minnesota Statutes 1994, section 256.73, is 59.35 amended by adding a subdivision to read: 59.36 Subd. 5a. [RESTRICTIONS ON ASSISTANCE TO MINOR 60.1 PARENTS.] (a) The definitions in this paragraph apply to this 60.2 subdivision. 60.3 (1) "Minor parent" means an individual who: 60.4 (i) is under the age of 18; 60.5 (ii) has never been married or is not otherwise legally 60.6 emancipated; and 60.7 (iii) is either the natural parent of a dependent child 60.8 living in the same household or eligible for assistance paid to 60.9 a pregnant woman under subdivision 5. 60.10 (2) "Household of a parent, legal guardian, or other adult 60.11 relative" means the place of residence of: 60.12 (i) a natural or adoptive parent; 60.13 (ii) a legal guardian pursuant to appointment or acceptance 60.14 under section 260.242, 525.615, or 525.6165, and related laws; 60.15 or 60.16 (iii) another individual who is age 18 or over and related 60.17 to the minor parent as specified in Code of Federal Regulations, 60.18 title 45, section 233.90(c)(1)(v), provided that the residence 60.19 is maintained as a home for the minor parent and child under 60.20 Code of Federal Regulations, title 45, section 233.90(1)(v)(B). 60.21 (3) "Adult-supervised supportive living arrangement" means 60.22 a private family setting which assumes responsibility for the 60.23 care and control of the minor parent and dependent child, or 60.24 other living arrangement (not including a public institution) 60.25 which ensures that the minor parent receives supportive 60.26 services, such as counseling, guidance, independent living 60.27 skills training, or supervision. 60.28 (b) A minor parent and the dependent child who is in the 60.29 care of the minor parent must reside in the household of a 60.30 parent, legal guardian, or other adult relative, or in an 60.31 adult-supervised supportive living arrangement in order to 60.32 receive AFDC unless: 60.33 (1) the minor parent has no living parent or legal guardian 60.34 whose whereabouts is known; 60.35 (2) no living parent or legal guardian of the minor parent 60.36 allows the minor parent to live in the parent's or legal 61.1 guardian's home; 61.2 (3) the minor parent lived apart from the minor parent's 61.3 parent or legal guardian for a period of at least one year 61.4 before either the birth of the dependent child or the parent's 61.5 having made application for AFDC; 61.6 (4) the physical or emotional health or safety of the minor 61.7 parent or dependent child would be jeopardized if they resided 61.8 in the same residence with the minor parent's parent or legal 61.9 guardian; or 61.10 (5) there is good cause for the minor parent and dependent 61.11 child to receive assistance while living apart from the minor 61.12 parent's parent, legal guardian, or other adult relative, or an 61.13 adult supervised supportive living arrangement in that the minor 61.14 parent and dependent child have, on the effective date of this 61.15 section, been living independently as part of an approved social 61.16 services plan for less than the one-year period required under 61.17 clause (3). 61.18 (c) Minor applicants must be informed orally and in writing 61.19 about the eligibility requirements and their rights and 61.20 obligations under the program. The county must advise the minor 61.21 of the possible exemptions and specifically ask whether one or 61.22 more of these exemptions is applicable. If the minor alleges 61.23 one or more of these exemptions, then the county must assist the 61.24 minor in obtaining the necessary verifications to determine 61.25 whether or not these exemptions apply. 61.26 (d) If the county worker has reason to suspect that the 61.27 physical or emotional health or safety of the minor parent or 61.28 dependent child would be jeopardized if they resided with the 61.29 minor parent's parent or legal guardian, then the county worker 61.30 must make a referral to child protective services to determine 61.31 if paragraph (b), clause (4), applies. 61.32 (e) If a minor parent is not living with a parent or legal 61.33 guardian due to paragraph (b), clause (2) or (4), the minor 61.34 parent must reside, when possible, in a living arrangement that 61.35 meets the standards of paragraph (a), clause (3). 61.36 (f) When a minor parent and dependent child live with the 62.1 minor parent's parent, legal guardian, or other adult relative, 62.2 or in an adult supervised supportive living arrangement, then 62.3 AFDC must be paid, when possible, in the form of a protective 62.4 payment on behalf of the minor parent and dependent child in 62.5 accordance with Code of Federal Regulations, title 45, section 62.6 234.60. 62.7 (g) This subdivision will not take effect until the waivers 62.8 requested in article 8 have been implemented. 62.9 ARTICLE 8 62.10 Section 1. [WAIVER OF AFDC BARRIERS.] 62.11 Subdivision 1. [REQUEST.] The department of human services 62.12 shall make a single request for the waivers listed in this 62.13 section to the United States Department of Health and Human 62.14 Services. The waivers in the package support and encourage AFDC 62.15 recipients to move from reliance on welfare to self-sufficiency 62.16 and remove the financial incentive minor parents have to set up 62.17 independent households. The commissioner shall negotiate with 62.18 the federal agency in an effort to develop a cost-effective 62.19 evaluation process to meet the evaluation requirements for 62.20 waivers granted under United States Code, title 42, section 62.21 1315, of the Social Security Act. 62.22 Subd. 2. [WAIVER TO DISREGARD PARENTAL INCOME WHEN A MINOR 62.23 PARENT LIVES WITH PARENTS.] The commissioner shall seek a waiver 62.24 from the filing unit requirement, under Code of Federal 62.25 Regulations, title 45, section 206.10(a)(1)(vii), for minor 62.26 parents who live with a parent on AFDC with other dependent 62.27 children so that the minor can get the same separate need 62.28 standard as the minor would get if the parent were not on AFDC. 62.29 The commissioner shall also seek a waiver to disregard all 62.30 parental income if the parent is on AFDC and has other dependent 62.31 children; and if the parent and other children are not on AFDC, 62.32 to disregard income equal to 150 percent of the federal poverty 62.33 guideline for a family size not including the minor parent and 62.34 the minor parent's children and deem the remainder of parental 62.35 income under Code of Federal Regulations, title 45, section 62.36 233.20(a)(3)(xviii). The general policy in requesting these 63.1 waivers is to keep the family intact and give the minor parent, 63.2 the dependent child, and the grandparent an incentive to 63.3 continue living together as a family. The incentive is to 63.4 provide the minor parent with a grant without taking a grant 63.5 away from the grandparent, and disregarding a portion of the 63.6 grandparent's income. These waivers encourage a minor parent to 63.7 remain living with the parent by reducing the barriers to 63.8 receiving assistance. 63.9 Subd. 3. [WAIVER OF THE 100-HOUR RULE; WORK HISTORY 63.10 REQUIREMENT; 30-DAY WAITING PERIOD REQUIREMENT.] The 63.11 commissioner shall seek a waiver to eliminate the 100-hour rule 63.12 under Code of Federal Regulations, title 45, section 63.13 233.100(a)(1)(i); the eligibility requirement for past 63.14 employment history under Code of Federal Regulations, title 45, 63.15 section 233.100(a)(3)(iii); and the requirement for a 30-day 63.16 waiting period under Code of Federal Regulations, title 45, 63.17 section 233.100(a)(3)(i). 63.18 Subd. 4. [WAIVER OF MOTOR VEHICLE RESOURCE LIMIT.] The 63.19 commissioner shall seek a waiver to set and periodically adjust 63.20 the maximum equity value of a licensed motor vehicle which can 63.21 be excluded as a resource under Code of Federal Regulations, 63.22 title 45, section 233.20(a)(3)(i)(B)(2), according to the level 63.23 permitted under the federal Food Stamp Program. This waiver is 63.24 essential for AFDC recipients who need reliable transportation 63.25 to participate in education, work, and training to become 63.26 self-sufficient. 63.27 Subd. 5. [WAIVER TO ALLOW STUDENTS TO EARN AND SAVE 63.28 INCOME.] The commissioner shall seek a waiver of the federal 63.29 regulations which require, for purposes of eligibility 63.30 determination and benefit calculation, the counting of the 63.31 earned income of dependent children and minor caretakers who are 63.32 attending school at least half time. The commissioner shall 63.33 also seek a waiver which allows savings set aside in a separate 63.34 account under this subdivision to be excluded from the AFDC 63.35 resource limits. The purpose of this waiver is to encourage 63.36 students to save at least part of their earnings for future 64.1 education or employment needs. 64.2 Subd. 6. [IMPLEMENTATION.] The commissioner shall 64.3 implement the program changes authorized under this section 64.4 promptly upon approval of the waiver, provided all conditions 64.5 are met under Minnesota Statutes, section 256.01, subdivision 2, 64.6 clause (12). 64.7 Sec. 2. [REPEALER.] 64.8 Minnesota Statutes 1994, section 256.734, is repealed. 64.9 ARTICLE 9 64.10 Section 1. [256.7375] [INJURY PROTECTION FOR WORK 64.11 EXPERIENCE PARTICIPANTS.] 64.12 Subdivision 1. [COVERAGE.] Any claims or demands arising 64.13 out of an injury or death of an AFDC, work readiness, or 64.14 Minnesota parents' fair share participant in a work experience 64.15 program established and operated by a county under section 64.16 256.737, chapter 256D, or section 402(a)(19)(B) of the Family 64.17 Support Act of 1988 shall be presented, heard, and determined as 64.18 provided in subdivision 2. 64.19 Subd. 2. [EVALUATION AND PAYMENT OF CLAIMS.] (a) Claims 64.20 under this section shall be investigated by the county human 64.21 service agency provider responsible for supervising the work to 64.22 determine if the claim is valid and if the loss is covered by 64.23 the claimant's insurance. The county agency provider shall 64.24 submit all valid claims to the department of human services. 64.25 (b) The department shall pay that portion of an approved 64.26 claim that is not covered by the claimant's private insurance if 64.27 the total claim is $1,000 or less. The department's payment 64.28 must be made within three months of the date the client agrees 64.29 to accept settlement of the claim. 64.30 (c) Claims for permanent total disability, permanent 64.31 partial disability, and death claims, will be referred to the 64.32 department of labor and industry for assessment. The department 64.33 of labor and industry shall verify the validity of the claim and 64.34 recommend compensation. The compensation recommended must 64.35 afford the same protection for on-site injuries at the same 64.36 level and to the same extent as provided in chapter 176. 65.1 (d) On or before the first day of the legislative session, 65.2 the department shall submit a report on claims paid during the 65.3 preceding calendar year to the joint senate/house subcommittee 65.4 on claims. The department shall be reimbursed by legislative 65.5 appropriation for any claims that exceed the original 65.6 appropriation provided to the department to operate this 65.7 program. Any unspent money from this fund shall carry over to 65.8 the second year of the biennium, and any unspent money remaining 65.9 at the end of the second year shall be returned to the state 65.10 general fund. 65.11 (e) A claim in excess of $1,000 shall be presented to, 65.12 heard, and determined by the joint senate/house subcommittee on 65.13 claims and if approved, shall be paid pursuant to legislative 65.14 claims procedure. A claimant may present to the committee any 65.15 claim that was rejected by the department for the committee's 65.16 determination. 65.17 Subd. 3. [LIMITATIONS.] Compensation paid under this 65.18 section is limited to reimbursement for medical expenses and 65.19 compensation for disability as impairment compensation or for 65.20 death. No compensation shall be paid under this section for 65.21 pain and suffering or for lost wages. Payments made under this 65.22 section shall be reduced by any proceeds received by the 65.23 claimant from any insurance policy covering the loss. For the 65.24 purposes of this section, "insurance policy" does not include 65.25 the medical assistance program authorized under chapter 256B or 65.26 the general assistance medical care program authorized under 65.27 chapter 256D. 65.28 Subd. 4. [EXCLUSIVE REMEDY.] The procedure established by 65.29 this section is exclusive of all other legal, equitable, and 65.30 statutory remedies against the state, its political 65.31 subdivisions, or employees of the state or its political 65.32 subdivisions. The claimant shall not be entitled to seek 65.33 damages pursuant to any state or county insurance policy or 65.34 self-insurance program. 65.35 Sec. 2. [EFFECTIVE DATE.] 65.36 Section 1 [256.7375] is effective July 1, 1995. The 66.1 effective date for submission of claims is November 1, 1995. 66.2 ARTICLE 10 66.3 Section 1. Minnesota Statutes 1994, section 256.035, 66.4 subdivision 6d, is amended to read: 66.5 Subd. 6d. [LENGTH OF JOB SEARCHOBLIGATION TO SEEK AND 66.6 OBTAIN FULL-TIME EMPLOYMENT.] (a) When the family support 66.7 agreement specifies a date when job search should begin, the 66.8 parental caregiver must participate in employment search 66.9 activities. If, after three months of search, the parental 66.10 caregiver does not find a job that is consistent with the 66.11 parental caregiver's employment goal, the parent must accept any 66.12 suitable employment. The search may be extended for up to three 66.13 months if the parental caregiver seeks and needs additional job 66.14 search assistance. 66.15 (b) When the family support agreement specifies job search 66.16 consistent with the overall employment goal, the caregiver is 66.17 expected to seek and accept full-time employment. For this 66.18 purpose, full-time employment means 30 or more hours a week. 66.19 Caregivers who are single parents with a child under six satisfy 66.20 this requirement by working 20 or more hours a week. 66.21 (c) A caregiver who voluntarily quits suitable employment 66.22 without good cause or without agreement of the case manager, or 66.23 who is terminated for nonperformance, must contact the case 66.24 manager within ten calendar days of the date employment ended to 66.25 schedule a meeting to revise the family support agreement. A 66.26 caregiver who fails to contact the case manager within the 66.27 required time or fails to attend a scheduled meeting to revise 66.28 the family support agreement is subject to sanction. If the 66.29 revised family support agreement specifies job search, the 66.30 caregiver must take any suitable employment. A caregiver who 66.31 fails to comply is subject to sanction. A caregiver who 66.32 voluntarily quits suitable employment with good cause or who is 66.33 laid off must contact the case manager within ten calendar days 66.34 of the date employment ended to schedule a meeting to revise the 66.35 family support agreement. A caregiver who fails to contact the 66.36 case manager within the required time or fails to attend a 67.1 scheduled meeting to revise the family support agreement is 67.2 subject to sanction. If the family support agreement specifies 67.3 job search, the search is limited to three months to find a job 67.4 related to the caregiver's overall employment goal. After three 67.5 months, the caregiver must take any suitable employment. A 67.6 caregiver who fails to comply is subject to sanction.