SF 2564

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying TANF maintenance of effort programs;
amending Laws 2007, chapter 147, article 19, section 3, subdivision 1.

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

Section 1.

Laws 2007, chapter 147, article 19, section 3, subdivision 1, is amended to
read:

Subdivision 1. Total Appropriation

$

5,294,627,000

$

5,695,458,000

Appropriations by Fund
	2008	2009
General	4,614,727,000	deleted text begin 4,940,293,000 deleted text end new text begin 4,931,459,000 new text end
State Government Special Revenue	549,000	565,000
Health Care Access	426,628,000	492,759,000
Federal TANF	250,537,000	deleted text begin 260,051,000 deleted text end new text begin 268,885,000 new text end
Lottery Prize Fund	2,185,000	1,790,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Receipts for Systems Projects.
Appropriations and federal receipts for
information system projects for MAXIS,
PRISM, MMIS, and SSIS must be deposited
in the state system account authorized in
Minnesota Statutes, section 256.014. Money
appropriated for computer projects approved
by the Minnesota Office of Enterprise
Technology, funded by the legislature, and
approved by the commissioner of finance,
may be transferred from one project to
another and from development to operations
as the commissioner of human services
considers necessary. Any unexpended
balance in the appropriation for these
projects does not cancel but is available for
ongoing development and operations.

Pay for Performance. (a) Of the general
fund appropriation, $272,000 each year
is available to the commissioner of
human services only under the following
circumstances:

(1) $272,000 shall be made available by the
commissioner of finance on January 1, 2009,
only after notification by the commissioner
of human services to the commissioner of
finance and to the chairs of the relevant house
of representatives and senate finance and
policy committees that the average number
of days from the receipt of a MinnesotaCare
application at the state processing unit until
the initial eligibility determination of the
application was 30 days or less during the
period October 1, 2007, to September 30,
2008. Applications transferred from counties
to the state processing unit are excluded from
this calculation; and

(2) $272,000 shall be made available by the
commissioner of finance on January 1, 2009,
only after notification by the commissioner
of human services to the commissioner of
finance and to the chairs of the relevant
house of representatives and senate finance
and policy committees that the commissioner
initiated a separate treatment program for
persons in the Minnesota sex offenders
program who are between the ages of 18 and
25 by January 1, 2008.

(b) Regardless of whether these
appropriations are made available to
the commissioner of human services, they
shall be part of base level funding for the
biennium beginning July 1, 2009.

Purchasing Alliance Fund Transfer.
On September 1, 2007, any remaining
balance in the purchasing alliance stop-loss
fund account established under Minnesota
Statutes, section 256.956, shall transfer to
the general fund.

Nonfederal Share Transfers. The
nonfederal share of activities for which
federal administrative reimbursement is
appropriated to the commissioner may be
transferred to the special revenue fund.

TANF Maintenance of Effort. (a) In order
to meet the basic MOE requirements of the
TANF block grant specified under Code
of Federal Regulations, title 45, section
263.1, the commissioner may only report
nonfederal money expended for allowable
activities listed in the following clauses as
TANF/MOE expenditures:

(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;

(2) the child care assistance programs
under Minnesota Statutes, sections 119B.03
and 119B.05, and county child care
administrative costs under Minnesota
Statutes, section 119B.15;

(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters
256J and 256K;

(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;

(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify
for deleted text begin the deleted text end medical assistance without federal
financial participation program under
Minnesota Statutes, section 256B.06,
subdivision 4, paragraphs (d), (e), and (j);
and

(6) qualifying working family credit
expenditures under Minnesota Statutes,
section 290.0671.

(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures
are made each year to meet the state's
TANF/MOE requirements. For the activities
listed in paragraph (a), clauses (2) to
(6), the commissioner may only report
expenditures that are excluded from the
definition of assistance under Code of
Federal Regulations, title 45, section 260.31.

(c) The commissioner shall ensure that the
MOE used by the commissioner of finance
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.

(d) new text begin For the federal fiscal year beginning
October 1, 2007, the commissioner may not
claim an amount of TANF/MOE in excess of
the 75 percent standard in Code of Federal
Regulations, title 45, section 263.1(a)(2),
except:
new text end

new text begin (1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1),
if it is determined by the commissioner
that the state will not meet the TANF work
participation target rate for the current year;
new text end

new text begin (2) to provide any additional amounts under
Code of Federal Regulations, title 45, section
264.5, that relate to replacement of TANF
funds due to the operation of TANF penalties;
new text end

new text begin (3) to provide any additional amounts that
may contribute to avoiding or reducing
TANF work participation penalties through
the operation of the excess MOE provisions
of Code of Federal Regulations, title 45,
section 261.43(a)(2); and
new text end

new text begin (4) for the purposes of clauses (1) to (3),
the commissioner may supplement the
MOE claim with working family credit
expenditures to the extent such expenditures
or other qualified expenditures are otherwise
available after considering the expenditures
allowed in this section.
new text end

new text begin (e) If allowable by the federal Office of
Family Assistance, the commissioner may
claim excess MOE with respect to federal
fiscal years 2006 and 2007 to the extent
that working family credit expenditures are
otherwise available to supplement the state's
MOE claim for those years after considering
the expenditures allowed in this subdivision.
new text end

new text begin If other qualified expenditures are
available, the commissioner may use those
expenditures as excess MOE and shall
report those expenditures to the chairs of
the senate and house of representatives
Finance Committees, the senate Health and
Human Services Budget Division, and house
of representatives Health Care and Human
Services Finance Division by April 15, 2008.
new text end

new text begin (f) new text end Minnesota Statutes, section 256.011,
subdivision 3, which requires that federal
grants or aids secured or obtained under that
subdivision be used to reduce any direct
appropriations provided by law, does not
apply if the grants or aids are federal TANF
funds.

deleted text begin (e) deleted text end new text begin (g) new text end Notwithstanding any contrary
provision in this article, this rider expires
June 30, 2011.

Working Family Credit Expenditures as
TANF/MOE. The commissioner may claim
as TANF/MOE up to $6,707,000 per year
for fiscal year 2008 through fiscal year 2011.
Notwithstanding any contrary provision in
this article, this rider expires June 30, 2011.

Additional Working Family Credit
Expenditures to be Claimed for
TANF/MOE. In addition to the amounts
provided in this section, the commissioner
may count the following amounts of working
family credit expenditure as TANF/MOE:

(1) fiscal year 2008, $11,097,000;

(2) fiscal year 2009, $25,401,000;

(3) fiscal year 2010, $20,398,000; and

(4) fiscal year 2011, $19,841,000.

Notwithstanding any contrary provision in
this article, this rider expires June 30, 2011.

Capitation Rate Increase. Of the health care
access fund appropriations to the University
of Minnesota in the higher education
omnibus appropriation bill, $2,157,000 in
fiscal year 2008 and $2,157,000 in fiscal year
2009 are to be used to increase the capitation
payments under Minnesota Statutes, section
256B.69.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end