SF 1955

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; establishing the work
participation rate enhancement program; amending
Minnesota Statutes 2004, sections 119B.011, by adding
a subdivision; 119B.05, subdivision 1; 256J.021;
256J.08, subdivision 65; 256J.521, subdivision 1;
256J.626, subdivisions 1, 2, 3, 4, 7; proposing coding
for new law in Minnesota Statutes, chapter 256J.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 119B.011, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Work participation rate enhancement
program. new text end

new text begin "Work participation rate enhancement program" means
the program established under section 256J.575.
new text end

Sec. 2.

Minnesota Statutes 2004, section 119B.05,
subdivision 1, is amended to read:

Subdivision 1.

Eligible participants.

Families eligible
for child care assistance under the MFIP child care program are:

(1) MFIP participants who are employed or in job search and
meet the requirements of section 119B.10;

(2) persons who are members of transition year families
under section 119B.011, subdivision 20, and meet the
requirements of section 119B.10;

(3) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under section 256J.95;

(4) MFIP families who are participating in work job search,
job support, employment, or training activities as required in
their employment plan, or in appeals, hearings, assessments, or
orientations according to chapter 256J;

(5) MFIP families who are participating in social services
activities under chapter 256J as required in their employment
plan approved according to chapter 256J;

(6) new text begin families who are participating in services or
activities that are included in an approved family stabilization
plan under section 256J.575;
new text end

new text begin (7) new text end families who are participating in programs as required
in tribal contracts under section 119B.02, subdivision 2, or
256.01, subdivision 2; and

deleted text begin (7) deleted text end new text begin (8) new text end families who are participating in the transition
year extension under section 119B.011, subdivision 20a.

Sec. 3.

Minnesota Statutes 2004, section 256J.021, is
amended to read:

256J.021 SEPARATE STATE deleted text begin PROGRAM deleted text end new text begin PROGRAMS new text end FOR USE OF STATE
MONEY.

new text begin (a) new text end Beginning October 1, 2001, and each year thereafter,
the commissioner of human services must treat MFIP expenditures
made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under
section 256J.12, and who is part of a two-parent eligible
household as expenditures under a separately funded state
program and report those expenditures to the federal Department
of Health and Human Services as separate state program
expenditures under Code of Federal Regulations, title 45,
section 263.5.

new text begin (b) Beginning October 1, 2005, and each year thereafter,
the commissioner of human services must treat MFIP expenditures
made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under
section 256J.12, and who is part of a household participating in
the work participation rate enhancement program under section
256J.575 as expenditures under a separately funded state program
and report those expenditures to the federal Department of
Health and Human Services as separate state program expenditures
under Code of Federal Regulations, title 45, section 263.5.
new text end

Sec. 4.

Minnesota Statutes 2004, section 256J.08,
subdivision 65, is amended to read:

Subd. 65.

Participant.

"Participant" means a person who
is currently receiving cash assistance or the food portion
available through MFIP. A person who fails to withdraw or
access electronically any portion of the person's cash and food
assistance payment by the end of the payment month, who makes a
written request for closure before the first of a payment month
and repays cash and food assistance electronically issued for
that payment month within that payment month, or who returns any
uncashed assistance check and food coupons and withdraws from
the program is not a participant. A person who withdraws a cash
or food assistance payment by electronic transfer or receives
and cashes an MFIP assistance check or food coupons and is
subsequently determined to be ineligible for assistance for that
period of time is a participant, regardless whether that
assistance is repaid. The term "participant" includes the
caregiver relative and the minor child whose needs are included
in the assistance payment. A person in an assistance unit who
does not receive a cash and food assistance payment because the
case has been suspended from MFIP is a participant. A person
who receives cash payments under the diversionary work program
under section 256J.95 is a participant. new text begin A person who receives
cash payments under the work participation rate enhancement
program under section 256J.575 is a participant.
new text end

Sec. 5.

Minnesota Statutes 2004, section 256J.521,
subdivision 1, is amended to read:

Subdivision 1.

Assessments.

(a) For purposes of MFIP
employment services, assessment is a continuing process of
gathering information related to employability for the purpose
of identifying both participant's strengths and strategies for
coping with issues that interfere with employment. The job
counselor must use information from the assessment process to
develop and update the employment plan under subdivision 2 or 3,
as appropriate, deleted text begin and deleted text end to determine whether the participant
qualifies for a family violence waiver including an employment
plan under subdivision 3 new text begin , and to determine whether the
participant should be referred to the work participation rate
enhancement program under section 256J.575 new text end .

(b) The scope of assessment must cover at least the
following areas:

(1) basic information about the participant's ability to
obtain and retain employment, including: a review of the
participant's education level; interests, skills, and abilities;
prior employment or work experience; transferable work skills;
child care and transportation needs;

(2) identification of personal and family circumstances
that impact the participant's ability to obtain and retain
employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any
involvement with social services or the legal system;

(3) the results of a mental and chemical health screening
tool designed by the commissioner and results of the brief
screening tool for special learning needs. Screening tools for
mental and chemical health and special learning needs must be
approved by the commissioner and may only be administered by job
counselors or county staff trained in using such screening
tools. The commissioner shall work with county agencies to
develop protocols for referrals and follow-up actions after
screens are administered to participants, including guidance on
how employment plans may be modified based upon outcomes of
certain screens. Participants must be told of the purpose of
the screens and how the information will be used to assist the
participant in identifying and overcoming barriers to
employment. Screening for mental and chemical health and
special learning needs must be completed by participants who are
unable to find suitable employment after six weeks of job search
under subdivision 2, paragraph (b), and participants who are
determined to have barriers to employment under subdivision 2,
paragraph (d). Failure to complete the screens will result in
sanction under section 256J.46; and

(4) a comprehensive review of participation and progress
for participants who have received MFIP assistance and have not
worked in unsubsidized employment during the past 12 months.
The purpose of the review is to determine the need for
additional services and supports, including placement in
subsidized employment or unpaid work experience under section
256J.49, subdivision 13 new text begin , or referral to the work participation
rate enhancement program under section 256J.575 new text end .

(c) Information gathered during a caregiver's participation
in the diversionary work program under section 256J.95 must be
incorporated into the assessment process.

(d) The job counselor may require the participant to
complete a professional chemical use assessment to be performed
according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules
which recognize the cultural background of the participant, or a
professional psychological assessment as a component of the
assessment process, when the job counselor has a reasonable
belief, based on objective evidence, that a participant's
ability to obtain and retain suitable employment is impaired by
a medical condition. The job counselor may assist the
participant with arranging services, including child care
assistance and transportation, necessary to meet needs
identified by the assessment. Data gathered as part of a
professional assessment must be classified and disclosed
according to the provisions in section 13.46.

Sec. 6.

new text begin [256J.575] WORK PARTICIPATION RATE ENHANCEMENT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin (a) The work participation rate
enhancement program (WORK PREP) is Minnesota's TANF program to
serve families who are not making significant progress within
MFIP due to a variety of barriers to employment.
new text end

new text begin (b) The goal of this program is to stabilize and improve
the lives of families at risk of long-term welfare dependency or
family instability due to employment barriers such as physical
disability, mental disability, age, and caring for a disabled
household member. WORK PREP provides services to promote and
support families to achieve the greatest possible degree of
self-sufficiency. Counties may provide supportive and other
allowable services funded by the MFIP consolidated fund under
section 256J.626 to eligible participants.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The terms used in this section
have the meanings given them in paragraphs (a) to (d).
new text end

new text begin (a) The "work participation rate enhancement program" means
the program established under this section.
new text end

new text begin (b) "Case management" means the services provided by or
through the county agency to participating families, including
assessment, information, referrals, and assistance in the
preparation and implementation of a family stabilization plan
under subdivision 5.
new text end

new text begin (c) "Family stabilization plan" means a plan developed by a
case manager and the participant, which identifies the
participant's most appropriate path to unsubsidized employment,
family stability, and barrier reduction, taking into account the
family's circumstances.
new text end

new text begin (d) "Family stabilization services" means programs,
activities, and services in this section that provide
participants and their family members with assistance regarding,
but not limited to:
new text end

new text begin (1) obtaining and retaining unsubsidized employment;
new text end

new text begin (2) family stability;
new text end

new text begin (3) economic stability; and
new text end

new text begin (4) barrier reduction.
new text end

new text begin The goal of the program is to achieve the greatest degree
of economic self-sufficiency and family well-being possible for
the family under the circumstances.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) The following MFIP or DWP
participants are eligible for the program under this section:
new text end

new text begin (1) a participant identified under section 256J.561,
subdivision 2, paragraph (d), who has or is eligible for an
employment plan developed under section 256J.521, subdivision 2,
paragraph (c);
new text end

new text begin (2) a participant identified under section 256J.95,
subdivision 12, paragraph (b), as unlikely to benefit from the
diversionary work program;
new text end

new text begin (3) a participant who meets the requirements for or has
been granted a hardship extension under section 256J.425,
subdivision 2 or 3; and
new text end

new text begin (4) a participant who is applying for supplemental security
income or Social Security disability insurance.
new text end

new text begin (b) Families must meet all other eligibility requirements
for MFIP established in this chapter. Families are eligible for
financial assistance to the same extent as if they were
participating in MFIP.
new text end

new text begin Subd. 4. new text end

new text begin Universal participation. new text end

new text begin All caregivers must
participate in family stabilization services as defined in
subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Case management; family stabilization plans;
coordinated services. new text end

new text begin (a) The county agency shall provide
family stabilization services to families through a case
management model. A case manager shall be assigned to each
participating family within 30 days after the family begins to
receive financial assistance as a participant of the work
participation rate enhancement program. The case manager, with
the full involvement of the family, shall recommend, and the
county agency shall establish and modify as necessary, a family
stabilization plan for each participating family.
new text end

new text begin (b) The family stabilization plan shall include:
new text end

new text begin (1) each participant's plan for long-term self-sufficiency,
including an employment goal where applicable;
new text end

new text begin (2) an assessment of each participant's strengths and
barriers, and any special circumstances of the participant's
family that impact, or are likely to impact, the participant's
progress towards the goals in the plan; and
new text end

new text begin (3) an identification of the services, supports, education,
training, and accommodations needed to overcome any barriers to
enable the family to achieve self-sufficiency and to fulfill
each caregiver's personal and family responsibilities.
new text end

new text begin (c) The case manager and the participant must meet within
30 days of the family's referral to the case manager. The
initial family stabilization plan shall be completed within 30
days of the first meeting with the case manager. The case
manager shall establish a schedule for periodic review of the
family stabilization plan that includes personal contact with
the participant at least once per month. In addition, the case
manager shall review and modify if necessary the plan under the
following circumstances:
new text end

new text begin (1) there is a lack of satisfactory progress in achieving
the goals of the plan;
new text end

new text begin (2) the participant has lost unsubsidized or subsidized
employment;
new text end

new text begin (3) a family member has failed to comply with a family
stabilization plan requirement;
new text end

new text begin (4) services required by the plan are unavailable; or
new text end

new text begin (5) changes to the plan are needed to promote the
well-being of the children.
new text end

new text begin (d) Family stabilization plans under this section shall be
written for a period of time not to exceed six months.
new text end

new text begin Subd. 6. new text end

new text begin Cooperation with program requirements. new text end

new text begin (a) To
be eligible, a participant must comply with paragraphs (b) to
(f).
new text end

new text begin (b) Participants shall engage in family stabilization plan
activities listed in clause (1) or (2) for the number of hours
per week that the activities are scheduled and available, unless
good cause exists for not doing so, as defined in section
256J.57, subdivision 1:
new text end

new text begin (1) in single-parent families with no children under six
years of age, the case manager and the participant must develop
a family stabilization plan that includes 30 to 35 hours per
week of activities; and
new text end

new text begin (2) in single-parent families with a child under six years
of age, the case manager and the participant must develop a
family stabilization plan that includes 20 to 35 hours per week
of activities.
new text end

new text begin (c) The case manager shall review the participant's
progress toward the goals in the family stabilization plan every
six months to determine whether conditions have changed,
including whether revisions to the plan are needed.
new text end

new text begin (d) When the participant has increased participation in
work-related activities sufficient to meet the federal
participation requirements of TANF, the county agency shall
refer the participant to the MFIP program and assign the
participant to a job counselor. The participant and the job
counselor must meet within 15 days of referral to MFIP to
develop an employment plan under section 256J.521. No
reapplication is necessary and financial assistance shall
continue without interruption.
new text end

new text begin (e) Participants who have not increased their participation
in work activities sufficient to meet the federal participation
requirements of TANF may request a referral to the MFIP program
and assignment to a job counselor after 12 months in the program.
new text end

new text begin (f) A participant's requirement to comply with any or all
family stabilization plan requirements under this subdivision
shall be excused when the case management services, training and
educational services, and family support services identified in
the participant's family stabilization plan are unavailable for
reasons beyond the control of the participant, including when
money appropriated is not sufficient to provide the services.
new text end

new text begin Subd. 7. new text end

new text begin Sanctions. new text end

new text begin (a) The financial assistance grant
of a participating family shall be reduced, according to section
256J.46, if a participating adult fails without good cause to
comply or continue to comply with the family stabilization plan
requirements in this subdivision, unless compliance has been
excused under subdivision 6, paragraph (f).
new text end

new text begin (b) Given the purpose of the work participation rate
enhancement program in this section and the nature of the
underlying family circumstances that act as barriers to both
employment and full compliance with program requirements,
sanctions are appropriate only when it is clear that there is
both ability to comply and willful noncompliance on the part of
the participant.
new text end

new text begin (c) Prior to the imposition of a sanction, the county
agency must review the participant's case to determine if the
family stabilization plan is still appropriate and meet with the
participants face-to-face. The participant may bring an
advocate to the face-to-face meeting. If a face-to-face meeting
is not conducted, the county agency must send the participant a
written notice that includes the information required under
clause (1):
new text end

new text begin (1) during the face-to-face meeting, the county agency must:
new text end

new text begin (i) determine whether the continued noncompliance can be
explained and mitigated by providing a needed family
stabilization service, as defined in subdivision 2, paragraph
(d);
new text end

new text begin (ii) determine whether the participant qualifies for a good
cause exception under section 256J.57, or if the sanction is for
noncooperation with child support requirements, determine if the
participant qualifies for a good cause exemption under section
256.741, subdivision 10;
new text end

new text begin (iii) determine whether activities in the family
stabilization plan are appropriate based on the family's
circumstances;
new text end

new text begin (iv) explain the consequences of continuing noncompliance;
new text end

new text begin (v) identify other resources that may be available to the
participant to meet the needs of the family; and
new text end

new text begin (vi) inform the participant of the right to appeal under
section 256J.40; and
new text end

new text begin (2) if the lack of an identified activity or service can
explain the noncompliance, the county must work with the
participant to provide the identified activity.
new text end

new text begin (d) After the requirements of paragraph (c) are met and
prior to imposition of a sanction, the county agency shall
provide a notice of intent to sanction under section 256J.57,
subdivision 2, and, when applicable, a notice of adverse action
as provided in section 256J.31.
new text end

new text begin (e) Section 256J.57 applies to this section except to the
extent that it is modified by this subdivision.
new text end

Sec. 7.

new text begin [256J.621] WORK PARTICIPATION BONUS.
new text end

new text begin Upon exiting the diversionary work program (DWP) or upon
terminating MFIP cash assistance with earnings, a participant
shall be eligible for a work participation bonus of $75 per
month to assist the household in meeting work-related expenses,
including child care, transportation, and clothing, as the
participant continues to move toward self-sufficiency. A
participant is eligible for the work participation bonus if the
participant is employed and working at least 24 hours a week
when the MFIP case is closed. The participant will receive the
work participation bonus in any month that the participant is
employed an average of 24 hours per week, for a maximum of 12
months upon exiting DWP or MFIP. The commissioner shall
establish policies and forms for verifying the level of
employment necessary to qualify for the work participation bonus.
new text end

Sec. 8.

Minnesota Statutes 2004, section 256J.626,
subdivision 1, is amended to read:

Subdivision 1.

Consolidated fund.

The consolidated fund
is established to support counties and tribes in meeting their
duties under this chapter. Counties and tribes must use funds
from the consolidated fund to develop programs and services that
are designed to improve participant outcomes as measured in
section 256J.751, subdivision 2 new text begin , and to provide case management
services to participants of the work participation rate
enhancement program new text end . Counties may use the funds for any
allowable expenditures under subdivision 2. Tribes may use the
funds for any allowable expenditures under subdivision 2, except
those in clauses (1) and (6).

Sec. 9.

Minnesota Statutes 2004, section 256J.626,
subdivision 2, is amended to read:

Subd. 2.

Allowable expenditures.

(a) The commissioner
must restrict expenditures under the consolidated fund to
benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the
consolidated fund may include, but are not limited to:

(1) short-term, nonrecurring shelter and utility needs that
are excluded from the definition of assistance under Code of
Federal Regulations, title 45, section 260.31, for families who
meet the residency requirement in section 256J.12, subdivisions
1 and 1a. Payments under this subdivision are not considered
TANF cash assistance and are not counted towards the 60-month
time limit;

(2) transportation needed to obtain or retain employment or
to participate in other approved work activities new text begin or activities
under a family stabilization plan new text end ;

(3) direct and administrative costs of staff to deliver
employment services for MFIP deleted text begin or deleted text end new text begin , new text end the diversionary work
program, new text begin or the work participation rate enhancement program; new text end to
administer financial assistance deleted text begin , deleted text end new text begin ; new text end and to provide specialized
services intended to assist hard-to-employ participants to
transition to work new text begin or transition from the work participation
rate enhancement program to MFIP new text end ;

(4) costs of education and training including functional
work literacy and English as a second language;

(5) cost of work supports including tools, clothing, boots,
and other work-related expenses;

(6) county administrative expenses as defined in Code of
Federal Regulations, title 45, section 260(b);

(7) services to parenting and pregnant teens;

(8) supported work;

(9) wage subsidies;

(10) child care needed for MFIP deleted text begin or deleted text end new text begin , the new text end diversionary work
program new text begin , or the work participation rate enhancement program
new text end participants to participate in social services;

(11) child care to ensure that families leaving MFIP or
diversionary work program will continue to receive child care
assistance from the time the family no longer qualifies for
transition year child care until an opening occurs under the
basic sliding fee child care program; deleted text begin and
deleted text end

(12) services to help noncustodial parents who live in
Minnesota and have minor children receiving MFIP or DWP
assistance, but do not live in the same household as the child,
obtain or retain employment new text begin ; and
new text end

new text begin (13) services to help families participating in the work
participation rate enhancement program achieve the greatest
possible degree of self-sufficiency new text end .

(b) Administrative costs that are not matched with county
funds as provided in subdivision 8 may not exceed 7.5 percent of
a county's or 15 percent of a tribe's allocation under this
section. The commissioner shall define administrative costs for
purposes of this subdivision.

Sec. 10.

Minnesota Statutes 2004, section 256J.626,
subdivision 3, is amended to read:

Subd. 3.

Eligibility for services.

Families with a minor
child, a pregnant woman, or a noncustodial parent of a minor
child receiving assistance, with incomes below 200 percent of
the federal poverty guideline for a family of the applicable
size, are eligible for services funded under the consolidated
fund. Counties and tribes must give priority to families
currently receiving MFIP deleted text begin or deleted text end new text begin , the new text end diversionary work program, new text begin or
the work participation rate enhancement program, new text end and families at
risk of receiving MFIP or diversionary work program.

Sec. 11.

Minnesota Statutes 2004, section 256J.626,
subdivision 4, is amended to read:

Subd. 4.

County and tribal biennial service agreements.

(a) Effective January 1, 2004, and each two-year period
thereafter, each county and tribe must have in place an approved
biennial service agreement related to the services and programs
in this chapter. In counties with a city of the first class
with a population over 300,000, the county must consider a
service agreement that includes a jointly developed plan for the
delivery of employment services with the city. Counties may
collaborate to develop multicounty, multitribal, or regional
service agreements.

(b) The service agreements will be completed in a form
prescribed by the commissioner. The agreement must include:

(1) a statement of the needs of the service population and
strengths and resources in the community;

(2) numerical goals for participant outcomes measures to be
accomplished during the biennial period. The commissioner may
identify outcomes from section 256J.751, subdivision 2, as core
outcomes for all counties and tribes;

(3) strategies the county or tribe will pursue to achieve
the outcome targets. Strategies must include specification of
how funds under this section will be used and may include
community partnerships that will be established or strengthened;
deleted text begin and
deleted text end

(4) new text begin strategies the county or tribe will pursue under the
work participation rate enhancement program; and
new text end

new text begin (5) new text end other items prescribed by the commissioner in
consultation with counties and tribes.

(c) The commissioner shall provide each county and tribe
with information needed to complete an agreement, including:
(1) information on MFIP cases in the county or tribe; (2)
comparisons with the rest of the state; (3) baseline performance
on outcome measures; and (4) promising program practices.

(d) The service agreement must be submitted to the
commissioner by October 15, 2003, and October 15 of each second
year thereafter. The county or tribe must allow a period of not
less than 30 days prior to the submission of the agreement to
solicit comments from the public on the contents of the
agreement.

(e) The commissioner must, within 60 days of receiving each
county or tribal service agreement, inform the county or tribe
if the service agreement is approved. If the service agreement
is not approved, the commissioner must inform the county or
tribe of any revisions needed prior to approval.

(f) The service agreement in this subdivision supersedes
the plan requirements of section 116L.88.

Sec. 12.

Minnesota Statutes 2004, section 256J.626,
subdivision 7, is amended to read:

Subd. 7.

Performance base funds.

(a) Beginning calendar
year 2005, each county and tribe will be allocated deleted text begin 95 deleted text end new text begin 100
new text end percent of their initial calendar year allocation. Counties and
tribes will be allocated additional funds new text begin from federal TANF
bonus funds the state receives new text end based on performance as follows:

(1) for calendar year 2005, a county or tribe that achieves
a 30 percent rate or higher on the MFIP participation rate under
section 256J.751, subdivision 2, clause (8), as averaged across
the four quarterly measurements for the most recent year for
which the measurements are available, will receive an additional
allocation deleted text begin equal to 2.5 percent of its initial allocation deleted text end new text begin to be
determined by the commissioner based upon available funds new text end ; and

(2) for calendar year 2006, a county or tribe that achieves
a 40 percent rate or a five percentage point improvement over
the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four
quarterly measurements for the most recent year for which the
measurements are available, will receive an additional
allocation deleted text begin equal to 2.5 percent of its initial allocation deleted text end new text begin to be
determined by the commissioner based upon available funds new text end ; and

(3) for calendar year 2007, a county or tribe that achieves
a 50 percent rate or a five percentage point improvement over
the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four
quarterly measurements for the most recent year for which the
measurements are available, will receive an additional
allocation deleted text begin equal to 2.5 percent of its initial allocation deleted text end new text begin to be
determined by the commissioner based upon available funds new text end ; and

(4) for calendar year 2008 and yearly thereafter, a county
or tribe that achieves a 50 percent MFIP participation rate
under section 256J.751, subdivision 2, clause (8), as averaged
across the four quarterly measurements for the most recent year
for which the measurements are available, will receive an
additional allocation deleted text begin equal to 2.5 percent of its initial
allocation deleted text end new text begin to be determined by the commissioner based upon
available funds new text end ; and

(5) for calendar years 2005 and thereafter, a county or
tribe that performs above the top of its range of expected
performance on the three-year self-support index under section
256J.751, subdivision 2, clause (7), in both measurements in the
preceding year will receive an additional allocation deleted text begin equal to
five percent of its initial allocation deleted text end new text begin to be determined by the
commissioner based upon available funds new text end ; or

(6) for calendar years 2005 and thereafter, a county or
tribe that performs within its range of expected performance on
the three-year self-support index under section 256J.751,
subdivision 2, clause (7), in both measurements in the preceding
year, or above the top of its range of expected performance in
one measurement and within its expected range of performance in
the other measurement, will receive an additional allocation
deleted text begin equal to 2.5 percent of its initial allocation deleted text end new text begin to be determined
by the commissioner based upon available funds new text end .

(b) Funds remaining unallocated after the performance-based
allocations in paragraph (a) are available to the commissioner
for innovation projects under subdivision 5.

deleted text begin (c)(1) If available funds are insufficient to meet county
and tribal allocations under paragraph (a), the commissioner may
make available for allocation funds that are unobligated and
available from the innovation projects through the end of the
current biennium.
deleted text end

deleted text begin (2) If after the application of clause (1) funds remain
insufficient to meet county and tribal allocations under
paragraph (a), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their
maximum allocation available under paragraph (a).
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