SF 289

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; defining the term work 
  1.3             activities for purposes of the TANF program; providing 
  1.4             incentives to counties for placing public assistance 
  1.5             recipients into meaningful employment; establishing 
  1.6             residency requirements; providing tax incentives to 
  1.7             companies in low-income areas; amending higher 
  1.8             education statutes to make higher education more 
  1.9             accessible to low-income people; appropriating money; 
  1.10            amending Minnesota Statutes 1996, sections 136A.121, 
  1.11            subdivision 5; 256D.01, subdivision 1a; 256D.065; 
  1.12            268.0111, subdivision 5; 268.0121, subdivision 1; 
  1.13            268.361, subdivision 6; 268.364, by adding a 
  1.14            subdivision; 268.366; 268.53, subdivision 5; 268.54, 
  1.15            subdivision 2; 268.551, subdivision 3; 268.552, 
  1.16            subdivision 5, and by adding a subdivision; 268.561, 
  1.17            by adding a subdivision; 268.61, subdivision 4; 
  1.18            268.62; 268.665, subdivision 3; 268.85, subdivision 1, 
  1.19            and by adding a subdivision; and 268.89; proposing 
  1.20            coding for new law in Minnesota Statutes, chapter 290; 
  1.21            proposing coding for new law as Minnesota Statutes, 
  1.22            chapter 256J. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1
  1.25                          TANF AMENDMENTS
  1.26     Section 1.  [256J.03] [REQUIRED SCREENING, ASSESSMENT, AND 
  1.27  INDIVIDUALIZED PLAN.] 
  1.28     Subdivision 1.  [INITIAL SCREENING AND ASSESSMENT.] The 
  1.29  TANF program must include an initial screening of the applicant 
  1.30  to determine immediate needs and, if necessary, a thorough 
  1.31  assessment of the applicant that includes an evaluation of the 
  1.32  applicant's educational, child care and other supportive service 
  1.33  needs, skills and prior work experience, and the ability to 
  1.34  secure and retain a job that will support the applicant's family.
  2.1      Subd. 2.  [SCREENING.] The applicant must first be screened 
  2.2   to determine immediate needs and determine if the applicant is 
  2.3   eligible for: 
  2.4      (1) another program based on the applicant's disabilities.  
  2.5   If the applicant is eligible for another program, the caseworker 
  2.6   must aid the applicant in applying for the appropriate program; 
  2.7   or 
  2.8      (2) the job retention assistance program under section 
  2.9   256J.50 and if the job retention assistance will resolve the 
  2.10  applicant's emergency and keep the applicant employed or resolve 
  2.11  a crisis so the applicant may become employed. 
  2.12     If the applicant is not diverted under clause (1) or (2) 
  2.13  from applying for TANF, and if the applicant meets the TANF 
  2.14  eligibility requirements, then an assessment and plan under 
  2.15  subdivisions 3 and 4 must be completed. 
  2.16     Subd. 3.  [ASSESSMENT.] The assessment must provide an 
  2.17  initial examination of the recipient's educational progress and 
  2.18  needs, learning disabilities, literacy level, child care and 
  2.19  supportive service needs, family circumstances, and skills and 
  2.20  work experience.  The caseworker and recipient must determine if 
  2.21  the recipient can immediately begin participating in a work 
  2.22  activity defined under section 256J.04.  Based on the 
  2.23  assessment, the caseworker and recipient are encouraged to 
  2.24  explore opportunities that interest the recipient that fall 
  2.25  under the broad definition of work activity in order for the 
  2.26  recipient to begin a work activity as soon as possible. 
  2.27     Subd. 4.  [INDIVIDUALIZED PLAN.] The individualized plan 
  2.28  must be developed in coordination with the recipient and must 
  2.29  reflect the assessment required under subdivision 3.  In 
  2.30  developing an individualized plan and determining what the most 
  2.31  appropriate course of action is for the recipient, the recipient 
  2.32  and case manager must: 
  2.33     (1) take into consideration the recipient's physical 
  2.34  capacity, learning and physical disabilities, skills, work 
  2.35  experience, health and safety, family responsibilities, place of 
  2.36  residence, language proficiency, access to child care, 
  3.1   transportation, and other supportive services; 
  3.2      (2) take into consideration the recipient's educational 
  3.3   level and educational progress and needs; 
  3.4      (3) take into consideration available resources and local 
  3.5   employment opportunities; 
  3.6      (4) specify the services that are to be provided by the 
  3.7   employment and training service provider or the case manager; 
  3.8      (5) specify the activities the recipient must participate 
  3.9   in in order to comply with the individualized plan; 
  3.10     (6) specify necessary supportive services such as child 
  3.11  care and transportation and how the recipient will access these 
  3.12  services; and 
  3.13     (7) outline a reasonable schedule for completing or 
  3.14  updating the plan and reviewing the recipient's progress. 
  3.15     Subd. 5.  [DETERMINATION.] Based on the assessment and 
  3.16  individualized plan, the recipient and the caseworker must 
  3.17  jointly determine the best course of action for the recipient in 
  3.18  order for the recipient to reach the goal of self-sufficiency 
  3.19  and avoid long-term dependency on public assistance. 
  3.20     Sec. 2.  [256J.04] [EMPLOYMENT AND TRAINING; DEFINING WORK 
  3.21  ACTIVITY.] 
  3.22     Any approved work activity in the recipient's 
  3.23  individualized plan under section 256J.03, subdivision 4, which 
  3.24  satisfies the work requirement of Public Law Number 104-193, 
  3.25  includes, but is not limited to, the following: 
  3.26     (1) unsubsidized employment; 
  3.27     (2) subsidized private sector employment; 
  3.28     (3) subsidized public sector employment, which may be 
  3.29  utilized only if unsubsidized employment or subsidized private 
  3.30  sector employment is not available; 
  3.31     (4) work experience, including work associated with the 
  3.32  refurbishing of publicly assisted housing, if sufficient private 
  3.33  sector employment is not available; 
  3.34     (5) on-the-job training; 
  3.35     (6) job search and job readiness assistance; 
  3.36     (7) preemployment activities, such as job training and 
  4.1   placement, and based on availability and resources, volunteer 
  4.2   work, citizenship and English as a second language classes, 
  4.3   participation in dislocated worker services, chemical dependency 
  4.4   treatment, mental health services, peer group networks, 
  4.5   displaced homemaker programs, parenting education, and other 
  4.6   programs to help families reach their employment goals and 
  4.7   enhance their ability to care for their children; 
  4.8      (8) community service programs; 
  4.9      (9) vocational educational training or educational programs 
  4.10  that can reasonably be expected to lead to employment, up to two 
  4.11  years; 
  4.12     (10) work study opportunities through a vocational 
  4.13  institution, college, or university; 
  4.14     (11) internships in conjunction with education and training 
  4.15  opportunities; 
  4.16     (12) job skills training directly related to employment; 
  4.17     (13) the provision of child care services to an individual 
  4.18  who is participating in a work activity under this section; and 
  4.19     (14) in the case of a recipient who has not completed 
  4.20  secondary school or received such a certificate, satisfactory 
  4.21  attendance at secondary school or in a course of study leading 
  4.22  to a certificate of general equivalence. 
  4.23     Sec. 3.  [256J.05] [GOOD CAUSE EXCEPTIONS.] 
  4.24     A recipient shall not be sanctioned for failure to meet the 
  4.25  terms of an individualized plan in the following instances: 
  4.26     (1) unavailability of appropriate and affordable child care 
  4.27  within a reasonable distance from recipient's home or worksite; 
  4.28     (2) the job does not meet the definition of suitable 
  4.29  employment as set out in section 256J.06; 
  4.30     (3) the parental caregiver is ill or injured or over age 
  4.31  55; 
  4.32     (4) a family member is ill or disabled and needs care by 
  4.33  the parental caregiver; 
  4.34     (5) the parental caregiver is unable to secure the 
  4.35  necessary transportation; 
  4.36     (6) the parental caregiver is in an emergency situation 
  5.1   which prevents compliance; or 
  5.2      (7) the parental caregiver is already participating in 
  5.3   acceptable activities. 
  5.4      Sec. 4.  [256J.06] [SUITABLE EMPLOYMENT.] 
  5.5      "Suitable employment" means employment which: 
  5.6      (1) is within the recipient's physical and mental capacity; 
  5.7      (2) meets health and safety standards established by 
  5.8   federal, state, and local agencies; 
  5.9      (3) pays hourly gross earnings which are not less than the 
  5.10  federal or state minimum wage for that type of employment, 
  5.11  whichever is applicable; 
  5.12     (4) does not result in a net loss of income.  Employment 
  5.13  results in a net loss of income when the income remaining after 
  5.14  subtracting necessary work-related expenses from the family's 
  5.15  gross income, which includes cash assistance, is less than the 
  5.16  cash assistance the family was receiving at the time the offer 
  5.17  of employment was made.  For purposes of this section, "work 
  5.18  expenses" means the amount withheld or paid for state and 
  5.19  federal income taxes; Social Security withholding taxes; 
  5.20  mandatory retirement fund deductions; dependent care costs; 
  5.21  transportation costs to and from work at the amount allowed by 
  5.22  the Internal Revenue Service for personal car mileage; costs of 
  5.23  work uniforms, union dues, and medical insurance premiums; costs 
  5.24  of tools and equipment used on the job; $1 per work day for the 
  5.25  costs of meals eaten during employment; public liability 
  5.26  insurance required by an employer when an automobile is used in 
  5.27  employment and the cost is not reimbursed by the employer; and 
  5.28  the amount paid by an employee from personal funds for business 
  5.29  costs which are not reimbursed by the employer; 
  5.30     (5) offers a job vacancy which is not the result of a 
  5.31  strike, lockout, or other bona fide labor dispute; 
  5.32     (6) requires a round trip commuting time from the 
  5.33  recipient's residence of less than two hours by available 
  5.34  transportation, exclusive of the time to transport children to 
  5.35  and from child care; 
  5.36     (7) does not require the recipient to leave children under 
  6.1   age 12 unattended in order to work, or if child care is 
  6.2   required, such care is available; and 
  6.3      (8) does not discriminate at the job site on the basis of 
  6.4   age, sex, race, color, creed, marital status, status with regard 
  6.5   to public assistance, disability, religion, or place of national 
  6.6   origin. 
  6.7      Sec. 5.  [256J.07] [RESIDENCY REQUIREMENT.] 
  6.8      An applicant for or recipient of assistance under this 
  6.9   chapter who has been residing in this state for less than 12 
  6.10  months is eligible for assistance in an amount equal to the 
  6.11  lesser of the benefits the applicant would have been entitled to 
  6.12  in the applicant's last state of residence or the maximum 
  6.13  benefits allowable under this program.  The benefits must be 
  6.14  vendor paid. 
  6.15     Sec. 6.  [256J.08] [JOB PLACEMENT INCENTIVES FOR COUNTIES.] 
  6.16     Subdivision 1.  [ESTABLISHMENT OF BONUS INCENTIVE.] A bonus 
  6.17  incentive program is established to reward counties that place 
  6.18  recipients in jobs that support a family, and further reward 
  6.19  counties that retain those individuals in meaningful employment. 
  6.20     Subd. 2.  [BONUS INCENTIVE FOR INITIAL JOB PLACEMENT.] The 
  6.21  20 counties that place the highest percentage of their caseload 
  6.22  into jobs that pay a wage equal to or greater than the required 
  6.23  wage level are eligible to receive an annual bonus.  The bonus 
  6.24  equals $.......  The commissioner of economic security shall 
  6.25  annually provide the average hourly wage level for entry level 
  6.26  positions in each region of the state to the commissioner of 
  6.27  human services.  The required wage level is an amount equal to 
  6.28  the average hourly wage level for an entry level position in the 
  6.29  region plus $3. 
  6.30     Subd. 3.  [BONUS INCENTIVE FOR JOB RETENTION.] A county may 
  6.31  be eligible for an additional bonus, to be awarded annually, for 
  6.32  retaining an individual previously placed by the county in a job 
  6.33  with a wage equal to or greater than the required wage level, as 
  6.34  defined in subdivision 2, for at least six months.  The bonus 
  6.35  equals $.......  Another bonus is available to a county if the 
  6.36  individual remains employed at a wage equal to or greater than 
  7.1   the required wage level for at least 12 months.  The bonus 
  7.2   equals $.......  Bonuses for job retention must be awarded to ...
  7.3   counties that retain the highest percentage of individuals in 
  7.4   employment for six months and 12 months. 
  7.5      Subd. 4.  [CLAIMS FOR BONUS INCENTIVE.] (a) The 
  7.6   commissioner of human services shall develop procedures for the 
  7.7   claims process. 
  7.8      (b) The county shall maintain a record of the number of 
  7.9   recipients placed and retained in employment with a wage that is 
  7.10  equal to or greater than the required wage level and must submit 
  7.11  the information to the commissioner of human services by a date 
  7.12  determined by the commissioner of human services in order to be 
  7.13  considered for a bonus. 
  7.14     (c) Disputed claims must be submitted to the commissioner 
  7.15  of human services for resolution, and the commissioner's 
  7.16  decision is final. 
  7.17     Subd. 5.  [DISTRIBUTION.] (a) Bonus incentives must be 
  7.18  issued to the county agency annually, and must be paid up to the 
  7.19  limit of the appropriation. 
  7.20     (b) A county agency must repay any bonus erroneously issued.
  7.21     (c) A county agency must maintain a record of bonus 
  7.22  incentives claimed and received. 
  7.23     Sec. 7.  [256J.10] [MINIMUM STANDARDS FOR COUNTY PROGRAMS; 
  7.24  CONSEQUENCES FOR NONCOMPLIANCE.] 
  7.25     Subdivision 1.  [COMMISSIONER'S DUTIES.] (a) The 
  7.26  commissioner shall establish minimum administrative and service 
  7.27  standards for the operation of assistance programs under this 
  7.28  chapter.  Standards shall be established for the following areas:
  7.29     (1) job placement and retention rates; 
  7.30     (2) avoidance of federal fiscal sanctions; 
  7.31     (3) inappropriate expenditures; 
  7.32     (4) timely processing of applications and assignment of 
  7.33  applicants to appropriate services or programs; and 
  7.34     (5) other areas the commissioner determines are important 
  7.35  for successful operation of the assistance program. 
  7.36     (b) The commissioner shall establish and maintain a 
  8.1   monitoring program designed to ensure compliance with the 
  8.2   standards established in paragraph (a). 
  8.3      Subd. 2.  [CORRECTIVE ACTION PLAN.] (a) If the commissioner 
  8.4   determines as a result of the monitoring program that the county 
  8.5   is not meeting the standards established under subdivision 1, 
  8.6   the commissioner shall notify the county.  The notice must state 
  8.7   the reasons for the commissioner's determination.  The county 
  8.8   must be given 30 days to demonstrate to the commissioner that 
  8.9   the county is in compliance with the standard cited in the 
  8.10  notice or to develop a corrective action plan to address the 
  8.11  problem.  Upon request from the county, the commissioner shall 
  8.12  provide technical assistance to the county to develop a 
  8.13  corrective action plan. 
  8.14     (b) The commissioner shall take no further action if the 
  8.15  county demonstrates compliance with the standards. 
  8.16     Subd. 3.  [REVIEW OF PLAN; NONCOMPLIANCE.] The commissioner 
  8.17  shall review and approve or disapprove the corrective action 
  8.18  plan within 30 days of submission.  If the commissioner approves 
  8.19  the corrective action plan, it must be implemented within 60 
  8.20  days.  If the county fails to demonstrate compliance with the 
  8.21  standards, fails to submit an approvable corrective action plan, 
  8.22  or fails to implement an approved plan, the commissioner may 
  8.23  assume operation of the program in the county or appoint another 
  8.24  entity to assume operation of the program, preferably a local 
  8.25  entity or local provider. 
  8.26     Subd. 4.  [OPERATION OF PROGRAM BY ANOTHER ENTITY.] An 
  8.27  entity appointed by the commissioner to operate the program in 
  8.28  the county shall be entitled to a fee to be determined by the 
  8.29  commissioner.  The entity must meet the standards under 
  8.30  subdivision 1, or be subject to subdivisions 2 and 3.  The 
  8.31  commissioner shall assist the entity in the operation of the 
  8.32  program. 
  8.33     Subd. 5.  [COUNTY RESUMPTION OF PROGRAM OPERATIONS.] Upon a 
  8.34  determination by the commissioner that the county should be 
  8.35  reinstated as the operator of the assistance program, the 
  8.36  commissioner shall allow the county to resume program control. 
  9.1      Sec. 8.  [256J.15] [DEVELOPMENT OF STATE EMPLOYMENT SLOTS 
  9.2   FOR PUBLIC ASSISTANCE RECIPIENTS.] 
  9.3      The commissioner, in cooperation with other state agencies, 
  9.4   the University of Minnesota, and Minnesota state colleges and 
  9.5   universities, and subject to negotiation with appropriate 
  9.6   exclusive bargaining representatives, shall develop trainee 
  9.7   programs for recipients of public assistance.  The programs 
  9.8   shall provide for converting trainees to permanent employees 
  9.9   upon completion of training. 
  9.10     Sec. 9.  [256J.20] [RESEARCH AND DATA COLLECTION.] 
  9.11     (a) The commissioner of human services shall develop data 
  9.12  and evaluation protocols in accordance with title IV, sections 
  9.13  411 and 413, of the federal Social Security Act.  The 
  9.14  commissioner shall develop data collection procedures to enable 
  9.15  the agency to track TANF recipients who leave the program 
  9.16  because they have either failed to find employment within the 
  9.17  prescribed time limits or have reached the 60-month lifetime 
  9.18  limit. 
  9.19     (b) Information collected shall include, but not be limited 
  9.20  to, the following: 
  9.21     (1) the out-of-home placement rate of children; 
  9.22     (2) demographic data, including age, marital status, and 
  9.23  place of residence; 
  9.24     (3) employment and earnings information; and 
  9.25     (4) health status. 
  9.26     Sec. 10.  [STUDY OF STATE HIRING OPTIONS.] 
  9.27     The commissioner of human services shall study and report 
  9.28  to the legislature by January 15, 1998, with recommendations to 
  9.29  expand employment opportunities for public assistance recipients 
  9.30  in state agencies and institutions of higher education.  The 
  9.31  report may include recommendations on: 
  9.32     (1) giving qualified applicants who are recipients of 
  9.33  public assistance preference in hiring; and 
  9.34     (2) other recommendations developed by the commissioner in 
  9.35  consultation with other state agencies and institutions of 
  9.36  higher education. 
 10.1      Sec. 11.  [APPROPRIATIONS.] 
 10.2      Subdivision 1.  [CITIZENSHIP EDUCATION CLASSES.] $....... 
 10.3   is appropriated in fiscal years 1998 and 1999 from the general 
 10.4   fund to the commissioner of human services for purposes of 
 10.5   providing additional funding to expand citizenship education 
 10.6   classes. 
 10.7      Subd. 2.  [COUNTY BONUS PROGRAM.] $....... is appropriated 
 10.8   in fiscal years 1998 and 1999 from the general fund to the 
 10.9   commissioner of human services for purposes of the county bonus 
 10.10  incentive program under section 6 to reward counties to place 
 10.11  and retain public assistance recipients in meaningful employment.
 10.12                             ARTICLE 2
 10.13                           STATE PROGRAMS
 10.14     Section 1.  Minnesota Statutes 1996, section 256D.01, 
 10.15  subdivision 1a, is amended to read: 
 10.16     Subd. 1a.  [STANDARDS.] (a) A principal objective in 
 10.17  providing general assistance is to provide for persons 
 10.18  ineligible for federal programs who are unable to provide for 
 10.19  themselves.  The minimum standard of assistance determines the 
 10.20  total amount of the general assistance grant without separate 
 10.21  standards for shelter, utilities, or other needs. 
 10.22     (b) The commissioner shall set the standard of assistance 
 10.23  for an assistance unit consisting of an adult recipient who is 
 10.24  childless and unmarried or living apart from children and spouse 
 10.25  and who does not live with a parent or parents or a legal 
 10.26  custodian.  When the other standards specified in this 
 10.27  subdivision increase, this standard must also be increased by 
 10.28  the same percentage. 
 10.29     (c) For an assistance unit consisting of a single adult who 
 10.30  lives with a parent or parents, the general assistance standard 
 10.31  of assistance is the amount that the aid to families with 
 10.32  dependent children standard of assistance would increase if the 
 10.33  recipient were added as an additional minor child to an 
 10.34  assistance unit consisting of the recipient's parent and all of 
 10.35  that parent's family members, except that the standard may not 
 10.36  exceed the standard for a general assistance recipient living 
 11.1   alone.  Benefits received by a responsible relative of the 
 11.2   assistance unit under the supplemental security income program, 
 11.3   a workers' compensation program, the Minnesota supplemental aid 
 11.4   program, or any other program based on the responsible 
 11.5   relative's disability, and any benefits received by a 
 11.6   responsible relative of the assistance unit under the social 
 11.7   security retirement program, may not be counted in the 
 11.8   determination of eligibility or benefit level for the assistance 
 11.9   unit.  Except as provided below, the assistance unit is 
 11.10  ineligible for general assistance if the available resources or 
 11.11  the countable income of the assistance unit and the parent or 
 11.12  parents with whom the assistance unit lives are such that a 
 11.13  family consisting of the assistance unit's parent or parents, 
 11.14  the parent or parents' other family members and the assistance 
 11.15  unit as the only or additional minor child would be financially 
 11.16  ineligible for general assistance.  For the purposes of 
 11.17  calculating the countable income of the assistance unit's parent 
 11.18  or parents, the calculation methods, income deductions, 
 11.19  exclusions, and disregards used when calculating the countable 
 11.20  income for a single adult or childless couple must be used. 
 11.21     (d) For an assistance unit consisting of a childless 
 11.22  couple, the standards of assistance are the same as the first 
 11.23  and second adult standards of the aid to families with dependent 
 11.24  children program.  If one member of the couple is not included 
 11.25  in the general assistance grant, the standard of assistance for 
 11.26  the other is the second adult standard of the aid to families 
 11.27  with dependent children program. 
 11.28     (e) For an assistance unit consisting of all members of a 
 11.29  family, the standards of assistance are the same as the 
 11.30  standards of assistance that apply to a family under the aid to 
 11.31  families with dependent children program if that family had the 
 11.32  same number of parents and children as the assistance unit under 
 11.33  general assistance and if all members of that family were 
 11.34  eligible for the aid to families with dependent children 
 11.35  program.  If one or more members of the family are not included 
 11.36  in the assistance unit for general assistance, the standards of 
 12.1   assistance for the remaining members are the same as the 
 12.2   standards of assistance that apply to an assistance unit 
 12.3   composed of the entire family, less the standards of assistance 
 12.4   for a family of the same number of parents and children as those 
 12.5   members of the family who are not in the assistance unit for 
 12.6   general assistance.  In no case shall the standard for family 
 12.7   members who are in the assistance unit for general assistance, 
 12.8   when combined with the standard for family members who are not 
 12.9   in the general assistance unit, total more than the standard for 
 12.10  the entire family if all members were in an AFDC assistance 
 12.11  unit.  A child may not be excluded from the assistance unit 
 12.12  unless income intended for its benefit is received from a 
 12.13  federally aided categorical assistance program or supplemental 
 12.14  security income.  The income of a child who is excluded from the 
 12.15  assistance unit may not be counted in the determination of 
 12.16  eligibility or benefit level for the assistance unit. 
 12.17     (f) An assistance unit consisting of one or more members of 
 12.18  a family must have its grant determined using the policies and 
 12.19  procedures of the aid to families with dependent children 
 12.20  program, except that, until June 30, 1995, in cases where a 
 12.21  county agency has developed or approved a case plan that 
 12.22  includes reunification with the children, foster care 
 12.23  maintenance payments made under state or local law for a child 
 12.24  who is temporarily absent from the assistance unit must not be 
 12.25  considered income to the child and the payments must not be 
 12.26  counted in the determination of the eligibility or benefit level 
 12.27  of the assistance unit.  Otherwise, the standard of assistance 
 12.28  must be determined according to paragraph (e); the first $50 of 
 12.29  total child support received by an assistance unit in a month 
 12.30  must be excluded and the balance counted as unearned income.  
 12.31     (g) An assistance unit which consists of one or more legal 
 12.32  noncitizens who has lost eligibility for the federal Food Stamp 
 12.33  program under the provisions of title IV of Public Law Number 
 12.34  104-193 shall have their grant determined by adding the average 
 12.35  value of the food stamps to which the unit is otherwise entitled 
 12.36  to the amount of assistance that the unit is eligible for under 
 13.1   section 256D.06, provided the legal noncitizens in the 
 13.2   assistance unit are: 
 13.3      (1) enrolled in a literacy class, English as a second 
 13.4   language class, or a citizenship class; 
 13.5      (2) applying for admission to a literacy class, English as 
 13.6   a second language class, or a citizenship class, and are 
 13.7   enrolled within .....; or 
 13.8      (3) applying for a waiver from the Immigration and 
 13.9   Naturalization Service of citizenship requirements. 
 13.10     Sec. 2.  Minnesota Statutes 1996, section 256D.065, is 
 13.11  amended to read: 
 13.12     256D.065 [GENERAL ASSISTANCE PAYMENTS FOR NEW RESIDENTS.] 
 13.13     Notwithstanding any other provisions of sections 256D.01 to 
 13.14  256D.21, otherwise eligible applicants without minor children, 
 13.15  who have been residing in the state less than six 12 months, 
 13.16  shall be granted general assistance payments in an amount that, 
 13.17  when added to the nonexempt income actually available to the 
 13.18  applicant, shall equal 60 percent of the amount that the 
 13.19  applicant would be eligible to receive under section 256D.06, 
 13.20  subdivision 1.  A person may receive benefits in excess of this 
 13.21  amount, equal to the lesser of the benefits actually received in 
 13.22  the last state of residence or the maximum benefits allowable 
 13.23  under section 256D.06, subdivision 1.  To receive the higher 
 13.24  benefit amount, the person must provide verification of the 
 13.25  amount of assistance received in the last state of residence.  
 13.26  Nonexempt income is the income considered available under 
 13.27  Minnesota Rules, parts 9500.1200 to 9500.1270.  The benefits 
 13.28  must be vendor paid. 
 13.29     Sec. 3.  [256J.50] [JOB RETENTION ASSISTANCE PROGRAM.] 
 13.30     Subdivision 1.  [ESTABLISHMENT.] The job retention 
 13.31  assistance program is a flexible program designed to provide a 
 13.32  family with a lump-sum payment that is necessary to avoid 
 13.33  dependency on public assistance and retain or obtain 
 13.34  employment.  The main purpose of the program is to provide help 
 13.35  and resolve emergencies so the family does not need to apply for 
 13.36  public assistance. 
 14.1      Subd. 2.  [ELIGIBILITY CRITERIA.] (a) An applicant is 
 14.2   eligible to receive job retention assistance if the: 
 14.3      (1) applicant provides to the county agency verification 
 14.4   that the applicant has a temporary loss of income, a delay in 
 14.5   starting to receive income, or an unexpected occurrence which 
 14.6   makes it impossible to obtain or sustain employment, resulting 
 14.7   in an emergency; 
 14.8      (2) applicant's income is 200 percent of poverty or below; 
 14.9   and 
 14.10     (3) county agency determines that job retention assistance 
 14.11  will resolve the emergency. 
 14.12     (b) The assistance provided under this section is a 
 14.13  lump-sum payment to an individual or third-party vendor to 
 14.14  prevent long-term receipt of public assistance.  The amount of 
 14.15  the payment is based on the immediate needs of the applicant.  
 14.16  County agencies shall strive to provide the most cost-effective 
 14.17  solution to the one-time emergency.  An applicant is eligible to 
 14.18  receive job retention assistance once in a 24-month period and 
 14.19  receipt of job retention assistance under this section is 
 14.20  voluntary. 
 14.21     Subd. 3.  [TIME FRAME FOR ELIGIBILITY 
 14.22  DETERMINATION.] County agencies shall determine eligibility for 
 14.23  job retention assistance within five working days of the receipt 
 14.24  of the final verification that substantiates eligibility. 
 14.25     Sec. 4.  [256J.60] [WORKING FAMILY ASSISTANCE PROGRAM.] 
 14.26     Subdivision 1.  [ESTABLISHMENT.] The working family 
 14.27  assistance program is established under this section.  The 
 14.28  program is designed to help participants obtain valuable work 
 14.29  experience in order to secure employment that will lead to 
 14.30  self-sufficiency and encourage and reward work by providing a 
 14.31  wage supplement to help stabilize the family and move the family 
 14.32  off assistance.  The participant shall be rewarded for working 
 14.33  and be given the flexibility to look for a better job or 
 14.34  participate in an educational program, based on the 
 14.35  participant's individualized plan developed under section 
 14.36  256J.03, subdivision 4, while continuing to work. 
 15.1      Subd. 2.  [ELIGIBILITY.] A recipient is eligible for the 
 15.2   working family assistance program if the: 
 15.3      (1) individual is eligible for TANF; 
 15.4      (2) individual is working at least part time in paid 
 15.5   employment; and 
 15.6      (3) individual's income is such that the wage supplement 
 15.7   that an individual will receive is at least 50 percent less than 
 15.8   the amount of the TANF assistance grant for the same family size 
 15.9   and composition. 
 15.10     Subd. 3.  [COMMISSIONER'S DUTIES.] The commissioner of 
 15.11  human services, with the help of county representatives and 
 15.12  other stakeholders, shall develop and implement the working 
 15.13  family assistance program. 
 15.14     Subd. 4.  [COUNTY DUTIES.] Prior to enrolling an eligible 
 15.15  individual in the working family assistance program, the county 
 15.16  agency shall fully explain the program components to the 
 15.17  individual, specifically the consequences and benefits of opting 
 15.18  to receive the wage supplement under subdivision 5, instead of a 
 15.19  monthly grant. 
 15.20     Subd. 5.  [WAGE SUPPLEMENT; REDUCED FUTURE GRANT.] (a) A 
 15.21  participant may opt to receive a wage supplement instead of a 
 15.22  monthly assistance grant.  Prior to making the decision to 
 15.23  receive a wage supplement, the caseworker must fully explain to 
 15.24  the prospective participant: 
 15.25     (1) that opting to receive a wage supplement will result in 
 15.26  a reduced TANF grant in the future, if the individual 
 15.27  subsequently applies for TANF or falls onto the TANF program due 
 15.28  to losing eligibility for the working family assistance program; 
 15.29     (2) how a wage supplement is calculated and how an increase 
 15.30  or a decrease in income will affect the amount of a wage 
 15.31  supplement; and 
 15.32     (3) any other important or pertinent information the 
 15.33  caseworker should tell the prospective participant. 
 15.34     (b) A wage supplement fills the gap between a family's 
 15.35  income and the level established in the participant's 
 15.36  individualized plan, developed under section 256J.03, 
 16.1   subdivision 4, and the supplement is reduced as earnings, which 
 16.2   includes child support and any other source of income, 
 16.3   increase.  The $30 and one-third and $90 disregards allowed 
 16.4   under section 256.74, subdivision 1, are available for the 
 16.5   entire time the participant is eligible for the working family 
 16.6   assistance program. 
 16.7      (c) A participant who opts to receive a wage supplement 
 16.8   instead of a monthly grant will receive a reduced TANF grant if 
 16.9   the participant applies for or enters the TANF program in the 
 16.10  future.  The commissioner shall determine the amount and length 
 16.11  of time the grant will be reduced based on the wage supplement 
 16.12  the recipient received. 
 16.13     Subd. 6.  [CHILD CARE.] Child care assistance must be 
 16.14  provided to a recipient under this program.  However, the 
 16.15  recipient is not required to use the child care assistance for 
 16.16  child care costs as described under section 256J.64, provided 
 16.17  the recipient has a suitable arrangement for child care. 
 16.18     Subd. 7.  [60-MONTH CAP ON ASSISTANCE.] Time spent in the 
 16.19  working family assistance program does not count against the 
 16.20  60-month lifetime cap on TANF assistance. 
 16.21     Sec. 5.  [256J.62] [COMPONENTS OF THE WORKING FAMILY 
 16.22  ASSISTANCE PROGRAM.] 
 16.23     Subdivision 1.  [INDEPENDENT COMPONENT.] The independent 
 16.24  component provides the recipient with the flexibility to look 
 16.25  for a better job or participate in educational programs and job 
 16.26  training while working part time. 
 16.27     Subd. 2.  [SUPPORTIVE EMPLOYMENT COMPONENT.] (a) The 
 16.28  supportive employment component is designed for clients who have 
 16.29  never been employed or have had sporadic and brief experiences 
 16.30  in the labor force.  If the recipient's individualized plan 
 16.31  under section 256J.03, subdivision 4, indicates that the client 
 16.32  may need more assistance in order to retain employment, the 
 16.33  recipient may be referred to this component of the working 
 16.34  family assistance program, which provides a hands-on approach to 
 16.35  job training and employment and also allows the recipient to 
 16.36  participate in educational programs according to the 
 17.1   individualized plan. 
 17.2      (b) A job coach shall be assigned to the recipient to 
 17.3   provide support, encouragement, answer questions, and provide 
 17.4   direction so the recipient can be a successful and reliable 
 17.5   employee.  The job coach shall also assist the recipient in 
 17.6   finding child care, transportation, and any other supportive 
 17.7   services that may be necessary to remain employed. 
 17.8      (c) A job coach is employed by a company participating in 
 17.9   this program, and a portion of the job coach's salary shall be 
 17.10  reimbursed to the employer. 
 17.11     (d) For two months, the status of the participant under the 
 17.12  job coach's supervision is probationary.  After two months, if 
 17.13  the participant's performance is satisfactory, the employer 
 17.14  shall hire the individual for full-time employment. 
 17.15     Sec. 6.  [256J.64] [CHILD CARE ASSISTANCE UNDER 
 17.16  INDIVIDUALIZED PLAN; PERMITTED USES.] 
 17.17     If a recipient of child care assistance under the working 
 17.18  family assistance program arranges for child care services at a 
 17.19  lower cost than was envisioned when the individual's plan was 
 17.20  developed under section 256J.03, subdivision 4, the recipient 
 17.21  may use any money that was allotted for child care assistance 
 17.22  but is not needed for that purpose to meet other needs 
 17.23  identified in the individual's plan.  For purposes of this 
 17.24  section, other needs include, but are not limited to, education, 
 17.25  training, and transportation. 
 17.26     Sec. 7.  [256J.66] [REPAYMENT OF EDUCATION AND JOB TRAINING 
 17.27  ASSISTANCE IN CERTAIN CASES.] 
 17.28     A recipient of education or job training assistance under 
 17.29  the working family assistance program may specify in the 
 17.30  recipient's individualized plan developed under section 256J.03, 
 17.31  subdivision 4, education and training for which a federal Pell 
 17.32  grant will be sought.  If the individual does not receive a Pell 
 17.33  grant, completes the education and training specified in the 
 17.34  plan, and secures full-time employment at ... percent of 
 17.35  poverty, the individual must repay the cost of education and 
 17.36  training services received under the working family assistance 
 18.1   program.  The individual must develop a mutually acceptable 
 18.2   repayment plan with the county agency.  The repayment plan must 
 18.3   not assess any interest charges on the cost of education and 
 18.4   training services to be repaid. 
 18.5      Sec. 8.  [APPROPRIATIONS.] 
 18.6      Subdivision 1.  [JOB RETENTION ASSISTANCE PROGRAM.] $.......
 18.7   is appropriated for fiscal years 1998 and 1999 from the general 
 18.8   fund to the commissioner of human services for the job retention 
 18.9   assistance program under section 3, which is designed to divert 
 18.10  needy families from long-term receipt of public assistance. 
 18.11     Subd. 2.  [WORKING FAMILY ASSISTANCE PROGRAM.] $....... is 
 18.12  appropriated for fiscal years 1998 and 1999 from the general 
 18.13  fund to the commissioner of human services for the working 
 18.14  family assistance program under section 4, which is designed to 
 18.15  encourage and reward employment by providing a wage supplement 
 18.16  while the individual is gaining valuable work experience and 
 18.17  training. 
 18.18                             ARTICLE 3
 18.19                      EMPLOYMENT AND TRAINING
 18.20     Section 1.  Minnesota Statutes 1996, section 268.0111, 
 18.21  subdivision 5, is amended to read: 
 18.22     Subd. 5.  [INCOME MAINTENANCE AND SUPPORT SERVICES.] 
 18.23  "Income maintenance and support services" means programs through 
 18.24  which the state or its subdivisions provide direct financial or 
 18.25  in-kind support to unemployed or underemployed persons, 
 18.26  including reemployment insurance, aid to families with dependent 
 18.27  children, temporary assistance for needy families, the working 
 18.28  family assistance program, general assistance, work readiness 
 18.29  assistance, food stamps, energy assistance, disability 
 18.30  determinations, and child care.  Income maintenance and support 
 18.31  services do not include medical assistance, aging services, 
 18.32  social services, community social services, mental health 
 18.33  services, or services for the emotionally disturbed, the 
 18.34  mentally retarded, or residents of nursing homes. 
 18.35     Sec. 2.  Minnesota Statutes 1996, section 268.0121, 
 18.36  subdivision 1, is amended to read: 
 19.1      Subdivision 1.  [PURPOSE.] The department of economic 
 19.2   security has broad responsibility to increase the economic 
 19.3   independence of Minnesotans with special effort toward those who 
 19.4   are currently unemployed or who face special disadvantages in 
 19.5   the labor market.  The department shall develop employment 
 19.6   policies and link training and employment-related services with 
 19.7   temporary income replacement and income maintenance programs, 
 19.8   veterans' programs, workers' compensation, vocational and 
 19.9   post-secondary education, federal income insurance programs, and 
 19.10  economic development programs.  The department shall, to the 
 19.11  extent permitted under federal law, target its employment and 
 19.12  training services to persons who are receiving assistance 
 19.13  through the temporary assistance for needy families program, the 
 19.14  working family assistance program, or the food stamp program.  
 19.15  Employment and training services provided to recipients of 
 19.16  temporary assistance for needy families must conform to the work 
 19.17  requirements of the TANF program established under chapter 256J. 
 19.18     Sec. 3.  Minnesota Statutes 1996, section 268.361, 
 19.19  subdivision 6, is amended to read: 
 19.20     Subd. 6.  [TARGETED YOUTH.] "Targeted youth" means at-risk 
 19.21  persons who are at least 16 years of age but not older than 24 
 19.22  years of age, are receiving assistance under the temporary 
 19.23  assistance for needy families program, the working family 
 19.24  assistance program, or the food stamp program, are eligible for 
 19.25  the high school graduation incentive program under section 
 19.26  126.22, subdivisions 2 and 2a, or are economically disadvantaged 
 19.27  as defined in United States Code, title 29, section 1503, and 
 19.28  are part of one of the following groups: 
 19.29     (1) persons who are not attending any school and have not 
 19.30  received a secondary school diploma or its equivalent; or 
 19.31     (2) persons currently enrolled in a traditional or 
 19.32  alternative school setting or a GED program and who, in the 
 19.33  opinion of an official of the school, are in danger of dropping 
 19.34  out of the school. 
 19.35     Sec. 4.  Minnesota Statutes 1996, section 268.364, is 
 19.36  amended by adding a subdivision to read: 
 20.1      Subd. 7.  [WORK REQUIREMENTS.] Notwithstanding subdivisions 
 20.2   2 to 4, program components for recipients of assistance under 
 20.3   the temporary assistance for needy families program must conform 
 20.4   to the work requirements of the TANF program established under 
 20.5   chapter 256J. 
 20.6      Sec. 5.  Minnesota Statutes 1996, section 268.366, is 
 20.7   amended to read: 
 20.8      268.366 [REQUIREMENTS OF ORGANIZATIONS RECEIVING GRANTS.] 
 20.9      An organization that is awarded a grant shall prepare and 
 20.10  submit an annual report to the commissioner by September 1 of 
 20.11  each year.  The report must include a discussion of the 
 20.12  following: 
 20.13     (1) the process used for encouraging the participation of 
 20.14  the targeted youth in the geographic area surrounding the 
 20.15  organization receiving the grant; 
 20.16     (2) the support services and social services that targeted 
 20.17  youth received under the program.  Services may include client 
 20.18  needs assessment, preemployment skills such as basic job skills 
 20.19  and behavior, and intermediate needs such as education and 
 20.20  chemical dependency treatment; 
 20.21     (3) the type and degree of work experience that program 
 20.22  participants received, including real work experience in both 
 20.23  vocational and nonvocational settings; 
 20.24     (4) the amount of training subsidy or stipend that each 
 20.25  participant received while participating in the work experience 
 20.26  component.  The subsidy or stipend must reflect prevailing wage 
 20.27  and benefits standards appropriate for preapprenticeship 
 20.28  training unless a participant's receipt of public assistance is 
 20.29  affected.  The subsidy or stipend should be structured to 
 20.30  include incentives for progress toward increasing job skills and 
 20.31  completing secondary education; 
 20.32     (5) the means of providing the necessary job readiness 
 20.33  skills to program participants who have completed the work 
 20.34  experience and educational components of the program so they 
 20.35  have the ability to compete in the job market.  These job search 
 20.36  skills may include skills assessment, job search and selection, 
 21.1   application preparation and assistance in preparing for job 
 21.2   interviews; 
 21.3      (6) the methods used to assist in placing program 
 21.4   participants in suitable employment.  The methods should include 
 21.5   means of involving state government, businesses, labor 
 21.6   organizations, community groups, and local jurisdictions in 
 21.7   assisting in the placement; 
 21.8      (7) the process used for evaluating the program, including 
 21.9   the necessary data elements collected from program participants 
 21.10  after they have completed the program for monitoring the success 
 21.11  of the program; 
 21.12     (8) the method used to maximize parental involvement in the 
 21.13  program; 
 21.14     (9) the existing public and private programs that were 
 21.15  utilized by the program to avoid duplication of services; 
 21.16     (10) the regional characteristics that affected the 
 21.17  operation of the program in the specific region where the 
 21.18  organization is located; 
 21.19     (11) the means of addressing the special needs of priority 
 21.20  groups of targeted youth, including: 
 21.21     (i) persons who are receiving assistance under the 
 21.22  temporary assistance for needy families program, the working 
 21.23  family assistance program, or the food stamp program; 
 21.24     (ii) persons who are responsible for at least one 
 21.25  dependent; 
 21.26     (ii) (iii) persons who are pregnant; 
 21.27     (iii) (iv) persons who are or have been subject to any 
 21.28  stage of the criminal justice system and who may benefit from 
 21.29  receiving employment and training services in overcoming 
 21.30  barriers to employment resulting from a record of arrest or 
 21.31  conviction; 
 21.32     (iv) (v) persons receiving income maintenance services and 
 21.33  social services, including chemical dependency treatment, 
 21.34  vocational rehabilitation services, and protection services; 
 21.35     (v) (vi) persons who reside on a farm who personally derive 
 21.36  or whose family derives a substantial portion of their income 
 22.1   from farming, lack nonfarm work skills, or have limited access 
 22.2   to vocational education or work experience opportunities; 
 22.3      (vi) (vii) homeless youth; and 
 22.4      (vii) (viii) minors who that are not financially dependent 
 22.5   on a parent or a guardian; 
 22.6      (12) costs for each of the components of the program; and 
 22.7      (13) the identification of the funding sources other than 
 22.8   state appropriations that were used to support the program. 
 22.9      Sec. 6.  Minnesota Statutes 1996, section 268.53, 
 22.10  subdivision 5, is amended to read: 
 22.11     Subd. 5.  [FUNCTIONS; POWERS.] A community action agency 
 22.12  shall:  
 22.13     (a) Plan systematically for an effective community action 
 22.14  program; develop information as to the problems and causes of 
 22.15  poverty in the community; determine how much and how effectively 
 22.16  assistance is being provided to deal with those problems and 
 22.17  causes; and establish priorities among projects, activities and 
 22.18  areas as needed for the best and most efficient use of 
 22.19  resources; 
 22.20     (b) Encourage agencies engaged in activities related to the 
 22.21  community action program to plan for, secure, and administer 
 22.22  assistance available under section 268.52 or from other sources 
 22.23  on a common or cooperative basis; provide planning or technical 
 22.24  assistance to those agencies; and generally, in cooperation with 
 22.25  community agencies and officials, undertake actions to improve 
 22.26  existing efforts to reduce poverty, such as improving day-to-day 
 22.27  communications, closing service gaps, focusing resources on the 
 22.28  most needy, and providing additional opportunities to low-income 
 22.29  individuals for regular employment or participation in the 
 22.30  programs or activities for which those community agencies and 
 22.31  officials are responsible; 
 22.32     (c) Initiate and sponsor projects responsive to needs of 
 22.33  the poor which are not otherwise being met, with particular 
 22.34  emphasis on providing central or common services that can be 
 22.35  drawn upon by a variety of related programs, developing new 
 22.36  approaches or new types of services that can be incorporated 
 23.1   into other programs, and filling gaps pending the expansion or 
 23.2   modification of those programs; 
 23.3      (d) Establish effective procedures by which the poor and 
 23.4   area residents concerned will be enabled to influence the 
 23.5   character of programs affecting their interests, provide for 
 23.6   their regular participation in the implementation of those 
 23.7   programs, and provide technical and other support needed to 
 23.8   enable the poor and neighborhood groups to secure on their own 
 23.9   behalf available assistance from public and private sources; 
 23.10     (e) Join with and encourage business, labor and other 
 23.11  private groups and organizations to undertake, together with 
 23.12  public officials and agencies, activities in support of the 
 23.13  community action program which will result in the additional use 
 23.14  of private resources and capabilities, with a view to developing 
 23.15  new employment opportunities, stimulating investment that will 
 23.16  have a measurable impact on reducing poverty among residents of 
 23.17  areas of concentrated poverty, and providing methods by which 
 23.18  residents of those areas can work with private groups, firms, 
 23.19  and institutions in seeking solutions to problems of common 
 23.20  concern; and 
 23.21     (f) To the extent permitted under federal law, target any 
 23.22  services related to employment and training to persons who are 
 23.23  receiving assistance under the temporary assistance for needy 
 23.24  families program, the working family assistance program, or the 
 23.25  food stamp program.  Employment and training services provided 
 23.26  to recipients of the temporary assistance for needy families 
 23.27  program must conform to the work requirements of the TANF 
 23.28  program established under chapter 256J.  
 23.29     Community action agencies, the Minnesota migrant council, 
 23.30  and the Indian reservations, may enter into cooperative 
 23.31  purchasing agreements and self-insurance programs with local 
 23.32  units of government.  Nothing in this section expands or limits 
 23.33  the current private or public nature of a local community action 
 23.34  agency. 
 23.35     Sec. 7.  Minnesota Statutes 1996, section 268.54, 
 23.36  subdivision 2, is amended to read: 
 24.1      Subd. 2.  [COMPONENTS.] The components of a community 
 24.2   action program shall be designed to assist participants, 
 24.3   including persons who are receiving assistance under the 
 24.4   temporary assistance for needy families program, the working 
 24.5   family assistance program, or the food stamp program and the 
 24.6   elderly poor, to achieve increased self-sufficiency and greater 
 24.7   participation in the affairs of the community by providing 
 24.8   services and programs not sufficiently provided in the community 
 24.9   by any governmental unit, any public institution, or any other 
 24.10  publicly funded agency or corporation.  Community action 
 24.11  agencies, governmental units, public institutions or other 
 24.12  publicly funded agencies or corporations shall consult on 
 24.13  whether or not a program or service is sufficiently provided in 
 24.14  the community. 
 24.15     Sec. 8.  Minnesota Statutes 1996, section 268.551, 
 24.16  subdivision 3, is amended to read: 
 24.17     Subd. 3.  [ELIGIBLE APPLICANT.] "Eligible applicant" means 
 24.18  a person who: 
 24.19     (1) has been a resident of this state for at least one 
 24.20  month; 
 24.21     (2) is unemployed; 
 24.22     (3) is not receiving and is not eligible to receive 
 24.23  reemployment insurance; and 
 24.24     (4) is a targeted young person as defined in Laws 1990, 
 24.25  chapter 562, article 4, section 12, between the ages of 14 and 
 24.26  21, who, because of a lack of personal resources and skills, 
 24.27  needs assistance in setting and realizing education goals, or 
 24.28  who is eligible for the temporary assistance for needy families 
 24.29  program, the working family assistance program, or the food 
 24.30  stamp program, and in becoming a contributing member of the 
 24.31  community. 
 24.32     Sec. 9.  Minnesota Statutes 1996, section 268.552, 
 24.33  subdivision 5, is amended to read: 
 24.34     Subd. 5.  [ALLOCATION TO APPLICANTS.] Priority for 
 24.35  subsidies shall be in the following order: 
 24.36     (1) applicants living in households with no other income 
 25.1   source; 
 25.2      (2) applicants whose incomes and resources are less than 
 25.3   the standard for eligibility for general assistance or work 
 25.4   readiness; and 
 25.5      (3) applicants who are eligible for aid to families with 
 25.6   dependent children, the temporary assistance for needy families 
 25.7   program, the working family assistance program, or the food 
 25.8   stamp program. 
 25.9      Sec. 10.  Minnesota Statutes 1996, section 268.552, is 
 25.10  amended by adding a subdivision to read: 
 25.11     Subd. 11.  [WORK REQUIREMENTS; CONFORMITY.] Services 
 25.12  provided to applicants who receive assistance under the 
 25.13  temporary assistance for needy families program must conform to 
 25.14  the work requirements of the TANF program established under 
 25.15  chapter 256J. 
 25.16     Sec. 11.  Minnesota Statutes 1996, section 268.561, is 
 25.17  amended by adding a subdivision to read: 
 25.18     Subd. 11.  [WORK REQUIREMENTS; CONFORMITY.] Services 
 25.19  provided to applicants who receive assistance under the 
 25.20  temporary assistance for needy families program must conform to 
 25.21  the work requirements of the TANF program established under 
 25.22  chapter 256J. 
 25.23     Sec. 12.  Minnesota Statutes 1996, section 268.61, 
 25.24  subdivision 4, is amended to read: 
 25.25     Subd. 4.  [ECONOMICALLY DISADVANTAGED.] "Economically 
 25.26  disadvantaged" means an individual who is receiving assistance 
 25.27  under the temporary assistance for needy families program, the 
 25.28  working family assistance program, or the food stamp program or 
 25.29  who meets the other criteria for an economically disadvantaged 
 25.30  person established by rule by the commissioner.  
 25.31     Sec. 13.  Minnesota Statutes 1996, section 268.62, is 
 25.32  amended to read: 
 25.33     268.62 [DISTRIBUTION AND USE OF STATE MONEY.] 
 25.34     Subdivision 1.  [DISTRIBUTION OF APPROPRIATIONS.] The 
 25.35  commissioner shall distribute the money appropriated for:  
 25.36     (a) comprehensive job training and related services or job 
 26.1   opportunities programs for economically disadvantaged, 
 26.2   unemployed, and underemployed individuals, including persons of 
 26.3   limited English speaking ability, through opportunities 
 26.4   industrialization centers; and 
 26.5      (b) the establishment and operation in Minnesota of these 
 26.6   centers.  
 26.7      Comprehensive job training and related services include: 
 26.8   recruitment, counseling, remediation, motivational prejob 
 26.9   training, vocational training, job development, job placement, 
 26.10  and other appropriate services enabling individuals to secure 
 26.11  and retain employment at their maximum capacity.  
 26.12     Subd. 2.  [WORK REQUIREMENTS; CONFORMITY.] Services 
 26.13  provided to individuals who are recipients of the temporary 
 26.14  assistance to needy families program must conform to the work 
 26.15  requirements of the TANF program established under chapter 256J. 
 26.16     Sec. 14.  Minnesota Statutes 1996, section 268.665, 
 26.17  subdivision 3, is amended to read: 
 26.18     Subd. 3.  [PURPOSE; DUTIES.] The governor's workforce 
 26.19  development council shall replace the governor's job training 
 26.20  council and assume all of its requirements, duties, and 
 26.21  responsibilities, under the Job Training Partnership Act, United 
 26.22  States Code, title 29, section 1501, et seq.  Additionally, the 
 26.23  workforce development council shall assume the following duties 
 26.24  and responsibilities:  
 26.25     (a) Coordinate the development, implementation, and 
 26.26  evaluation of the statewide education and employment transitions 
 26.27  system under section 126B.01.  Beginning January 1, 1997, the 
 26.28  council shall also coordinate the development, implementation, 
 26.29  and evaluation of the Minnesota youth services programs under 
 26.30  sections 121.704 to 121.709, and the National and Community 
 26.31  Services Act of 1993, United States Code, title 42, section 
 26.32  12501, et seq.  
 26.33     (b) Review the provision of services and the use of funds 
 26.34  and resources under applicable federal human resource programs 
 26.35  and advise the governor on methods of coordinating the provision 
 26.36  of services and the use of funds and resources consistent with 
 27.1   the laws and regulations governing the programs.  For purposes 
 27.2   of this section, applicable federal and state human resource 
 27.3   programs mean the: 
 27.4      (1) Job Training Partnership Act, United States Code, title 
 27.5   29, section 1501, et seq.; 
 27.6      (2) Carl D. Perkins Vocational and Applied Technology 
 27.7   Education Act, United States Code, title 20, section 2301, et 
 27.8   seq.; 
 27.9      (3) National and Community Service Act of 1993, United 
 27.10  States Code, title 42, section 12501, et seq.; 
 27.11     (4) Adult Education Act, United States Code, title 20, 
 27.12  section 1201, et seq.; 
 27.13     (5) Wagner-Peyser Act, United States Code, title 29, 
 27.14  section 49; 
 27.15     (6) Social Security Act, title IV, part F, (JOBS), United 
 27.16  States Code, title 42, section 681, et seq.; 
 27.17     (7) Food Stamp Act of 1977, United States Code, title 7, 
 27.18  section 6(d)(4), Food Stamp Employment and Training Program, 
 27.19  United States Code, title 7, section 2015(d)(4); 
 27.20     (8) programs defined in section 268.0111, subdivisions 4 
 27.21  and 5; and 
 27.22     (9) School to Work Opportunity Act of 1994, Public Law 
 27.23  Number 103-239.  
 27.24     Additional federal and state programs and resources can be 
 27.25  included within the scope of the council's duties if recommended 
 27.26  by the governor after consultation with the council. 
 27.27     (c) To the extent permitted by the federal laws governing 
 27.28  the programs, target employment and training services to persons 
 27.29  who are receiving assistance under the temporary assistance for 
 27.30  needy families program, the working family assistance program, 
 27.31  or the food stamp program.  Services provided to applicants who 
 27.32  are recipients of assistance under the temporary assistance for 
 27.33  needy families program must conform to the work requirements of 
 27.34  the TANF program established under chapter 256J. 
 27.35     (d) Review federal, state, and local education, 
 27.36  post-secondary, job skills training, and youth employment 
 28.1   programs, and make recommendations to the governor and the 
 28.2   legislature for establishing an integrated seamless system for 
 28.3   providing education, service-learning, and work skills 
 28.4   development services to learners and workers of all ages. 
 28.5      (d) (e) Advise the governor on the development and 
 28.6   implementation of statewide and local performance standards and 
 28.7   measures relating to applicable federal human resource programs 
 28.8   and the coordination of performance standards and measures among 
 28.9   programs.  
 28.10     (e) (f) Administer grants to local education and employment 
 28.11  transition partnerships, including implementation grants under 
 28.12  section 126B.01, grants for youth apprenticeship programs under 
 28.13  section 126B.03, and youth employer grants.  Beginning January 
 28.14  1, 1997, administer youthworks grants under sections 121.704 to 
 28.15  121.709; and 
 28.16     (1) coordinate implementation of the education and 
 28.17  employment transitions system under section 126B.01; 
 28.18     (2) promote education and employment transitions programs 
 28.19  and knowledge and skills of entrepreneurship among employers, 
 28.20  workers, youth, and educators, and encourage employers to 
 28.21  provide meaningful work-based learning opportunities; 
 28.22     (3) evaluate and identify exemplary education and 
 28.23  employment transitions programs and provide technical assistance 
 28.24  to local partnerships to replicate the programs throughout the 
 28.25  state; 
 28.26     (4) establish a performance-based quality assurance system 
 28.27  for consistent statewide evaluation of the performance of the 
 28.28  education and employment transitions system at both the state 
 28.29  and local level; 
 28.30     (5) conduct an annual review of each local education and 
 28.31  employment transitions partnership to ensure it adequately meets 
 28.32  the quality assurance standards established as part of the state 
 28.33  quality assurance system; 
 28.34     (6) develop the methods to assess local partnership 
 28.35  effectiveness; 
 28.36     (7) annually publish a report on the findings of the 
 29.1   evaluations of each local education transitions partnership; 
 29.2      (8) promote knowledge and skills of entrepreneurship among 
 29.3   students in kindergarten through grade 12 by sharing information 
 29.4   about the ways new business development contributes to a strong 
 29.5   economy. 
 29.6      (f) (g) Advise the governor on methods to evaluate 
 29.7   applicable federal human resource programs.  
 29.8      (g) (h) Sponsor appropriate studies to identify human 
 29.9   investment needs in Minnesota and recommend to the governor 
 29.10  goals and methods for meeting those needs.  
 29.11     (h) (i) Recommend to the governor goals and methods for the 
 29.12  development and coordination of a human resource system in 
 29.13  Minnesota.  
 29.14     (i) (j) Examine federal and state laws, rules, and 
 29.15  regulations to assess whether they present barriers to achieving 
 29.16  the development of a coordinated human resource system. 
 29.17     (j) (k) Recommend to the governor and to the federal 
 29.18  government changes in state or federal laws, rules, or 
 29.19  regulations concerning employment and training programs that 
 29.20  present barriers to achieving the development of a coordinated 
 29.21  human resource system. 
 29.22     (k) (l) Recommend to the governor and to the federal 
 29.23  government waivers of laws and regulations to promote 
 29.24  coordinated service delivery. 
 29.25     (l) (m) Sponsor appropriate studies and prepare and 
 29.26  recommend to the governor a strategic plan which details methods 
 29.27  for meeting Minnesota's human investment needs and for 
 29.28  developing and coordinating a state human resource system.  
 29.29     Sec. 15.  Minnesota Statutes 1996, section 268.85, 
 29.30  subdivision 1, is amended to read: 
 29.31     Subdivision 1.  [GROUPS WITH SEVERE DISADVANTAGES.] To the 
 29.32  extent that the state has the authority to establish priority 
 29.33  groups to be served through employment and training services, 
 29.34  greatest consideration must be given to persons receiving 
 29.35  assistance under the temporary assistance for needy families 
 29.36  program, the working family assistance program, or the food 
 30.1   stamp program.  Second consideration must be given to other 
 30.2   client groups identified as experiencing the most severe 
 30.3   disadvantages to employment.  Individuals volunteering for 
 30.4   employment, regardless of whether they are required to register, 
 30.5   must also be given preference to avoid the effects of long-term 
 30.6   unemployment or dependence on public assistance. 
 30.7      Sec. 16.  Minnesota Statutes 1996, section 268.85, is 
 30.8   amended by adding a subdivision to read: 
 30.9      Subd. 3.  [WORK REQUIREMENTS; CONFORMITY.] Services 
 30.10  provided to applicants who are receiving assistance under the 
 30.11  temporary assistance for needy families program must conform to 
 30.12  the work requirements of the TANF program established under 
 30.13  chapter 256J. 
 30.14     Sec. 17.  Minnesota Statutes 1996, section 268.89, is 
 30.15  amended to read: 
 30.16     268.89 [JOBS TRAINING PARTNERSHIP ACT; ADMINISTRATION.] 
 30.17     Subdivision 1.  [COORDINATION OF STATE AND FEDERAL 
 30.18  PROGRAMS.] The commissioner shall act as the governor's agent in 
 30.19  administering the federal Jobs Training Partnership Act.  To the 
 30.20  extent permitted under federal law, the program must target 
 30.21  persons who are receiving assistance through the temporary 
 30.22  assistance for needy families program, the working family 
 30.23  assistance program, or the food stamp program.  Services 
 30.24  provided to persons who are recipients of assistance under the 
 30.25  temporary assistance for needy families program must conform to 
 30.26  the work requirements of the TANF program established under 
 30.27  chapter 256J.  To the extent permitted under federal regulation, 
 30.28  this program must be administered in conjunction with a 
 30.29  comprehensive state employment and training strategy and its 
 30.30  resources used in coordination with state programs and to 
 30.31  further state objectives. 
 30.32     Subd. 2.  [BIENNIAL PLAN.] The commissioner shall recommend 
 30.33  to the governor the priorities, performance standards, and 
 30.34  special projects. 
 30.35     Subd. 3.  [OTHER PLANS.] To the extent permitted under 
 30.36  federal law, priority consideration must be given to persons who 
 31.1   are receiving assistance through the temporary assistance for 
 31.2   needy families program, the working family assistance program, 
 31.3   or the food stamp program, and strong consideration for other 
 31.4   income maintenance recipients must be included in the goals, 
 31.5   objectives, and criteria of the governor's coordination and 
 31.6   special services plan under section 121 of the Jobs Training 
 31.7   Partnership Act, United States Code, title 29, section 1531.  
 31.8   Local service delivery area plans and job service plans must 
 31.9   describe methods of complying with the coordination criteria 
 31.10  under the governor's coordination and special services plan as 
 31.11  required under United States Code, title 29, sections 49g and 
 31.12  1514.  
 31.13     Sec. 18.  [290.0692] [WELFARE TO WORK JOB CREATION CREDIT.] 
 31.14     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 31.15  section, the following terms have the meanings given them: 
 31.16     (a) "Business" means a business entity organized for 
 31.17  profit, including a sole proprietorship, partnership, or 
 31.18  corporation. 
 31.19     (b) "Eligible employee" means a qualified individual paid 
 31.20  an hourly wage of at least $....... and employed by a business 
 31.21  within the designated qualified area on a full-time basis on the 
 31.22  last day of the taxable year. 
 31.23     (c) "Qualified area" means a town, city, neighborhood, or 
 31.24  census block group that:  
 31.25     (1) has an unemployment rate for the 12-month period ending 
 31.26  the most recent June 30 which meets or exceeds 150 percent of 
 31.27  the statewide unemployment rate; or 
 31.28     (2) has a high concentration of recipients of assistance 
 31.29  under the state temporary assistance for needy families program, 
 31.30  the working family assistance program, or the state general 
 31.31  assistance program, as determined by the commissioner of human 
 31.32  services. 
 31.33     (d) "Qualified first-year wages" means wages paid or 
 31.34  incurred by the employer to the qualified individual during the 
 31.35  one-year period beginning the day the qualified individual 
 31.36  begins work for the employer. 
 32.1      (e) "Qualified individual" means any person receiving 
 32.2   assistance under either the temporary assistance for needy 
 32.3   families program or the working family assistance program for at 
 32.4   least a one-month period including the hiring date. 
 32.5      Subd. 2.  [DESIGNATION OF QUALIFIED AREAS.] The 
 32.6   commissioner of human services, in cooperation with the 
 32.7   commissioner of economic security, shall annually designate 
 32.8   qualified areas.  In designating neighborhoods as qualified 
 32.9   areas, the commissioner shall define neighborhoods following 
 32.10  geographic boundaries used by cities for planning and other 
 32.11  purposes. 
 32.12     Subd. 3.  [CREDIT FOR JOB CREATION.] A business with 
 32.13  operations located in a designated qualified area may claim a 
 32.14  credit against the tax due under this chapter.  The total number 
 32.15  of eligible employees for whom the credit is allowed may not 
 32.16  exceed the number of such persons employed on the date 90 days 
 32.17  before the last day of the taxable year.  The credit is allowed 
 32.18  only for the number of eligible employees that exceeds the 
 32.19  number of such persons employed by the business on the last day 
 32.20  of the preceding taxable year in the qualified area.  The credit 
 32.21  equals 35 percent of the first $6,000 of qualified first-year 
 32.22  wages for each eligible employee. 
 32.23     Sec. 19.  [EFFECTIVE DATE.] 
 32.24     Section 18 is effective for taxable years beginning after 
 32.25  December 31, 1996. 
 32.26                             ARTICLE 4
 32.27                          HIGHER EDUCATION
 32.28     Section 1.  Minnesota Statutes 1996, section 136A.121, 
 32.29  subdivision 5, is amended to read: 
 32.30     Subd. 5.  [GRANT STIPENDS.] The grant stipend shall be 
 32.31  based on a sharing of responsibility for covering the recognized 
 32.32  cost of attendance by the applicant, the applicant's family, and 
 32.33  the government.  The amount of a financial stipend must not 
 32.34  exceed a grant applicant's recognized cost of attendance, as 
 32.35  defined in subdivision 6, after deducting the following:  
 32.36     (1) the assigned student responsibility of at least 50 
 33.1   percent of the cost of attending the institution of the 
 33.2   applicant's choosing, except that for recipients of public 
 33.3   assistance grants the assigned student responsibility shall be 
 33.4   ... percent; 
 33.5      (2)  the assigned family responsibility, as determined by 
 33.6   the federal need analysis, which for (i) dependent students, is 
 33.7   the parental contribution as calculated by the federal need 
 33.8   analysis, and for (ii) independent students, is the student 
 33.9   contribution as determined by the federal need analysis; and 
 33.10     (3) the amount of a federal Pell grant award for which the 
 33.11  grant applicant is eligible.  
 33.12     The minimum financial stipend is $300 per academic year.  
 33.13     Sec. 2.  [APPROPRIATION.] 
 33.14     Subdivision 1.  [STATE GRANT PROGRAM.] $....... is 
 33.15  appropriated from the general fund to the higher education 
 33.16  services office for the state grant program in the 1998-1999 
 33.17  biennium for eligible students who are recipients of public 
 33.18  assistance. 
 33.19     Subd. 2.  [CHILD CARE GRANTS.] $....... is appropriated 
 33.20  from the general fund to the higher education services office in 
 33.21  the 1998-1999 biennium to provide child care grants to all 
 33.22  eligible students under Minnesota Statutes, section 136A.125. 
 33.23     Subd. 3.  [WORK STUDY GRANTS.] $....... is appropriated 
 33.24  from the general fund to the higher education services office in 
 33.25  the 1998-1999 biennium to provide work study grants under 
 33.26  Minnesota Statutes, section 136A.233, to recipients of public 
 33.27  assistance grants who work at least 20 hours per week in the 
 33.28  work study program.