SF 2931

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; establishing guidelines 
  1.3             for the administration of battered women's shelter per 
  1.4             diem funding by the Minnesota Center for Crime Victim 
  1.5             Services located in the department of public safety; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 611A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [611A.37] [DEFINITIONS.] 
  1.10     Subdivision 1.  [SCOPE.] For purposes of sections 1 to 6, 
  1.11  the terms defined have the meanings given them unless otherwise 
  1.12  provided or indicated by the context. 
  1.13     Subd. 2.  [DIRECTOR.] "Director" means the director of the 
  1.14  Minnesota Center for Crime Victim Services or a designee. 
  1.15     Subd. 3.  [CENTER.] "Center" means the Minnesota Center for 
  1.16  Crime Victim Services. 
  1.17     Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
  1.18  secure crisis shelter, housing network, safe home, or other 
  1.19  facility operated by a nonprofit organization and designated by 
  1.20  the center for the purpose of providing food, lodging, safety, 
  1.21  and 24-hour coverage for battered women and their children. 
  1.22     Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
  1.23  shelter facility" means a facility that has applied and been 
  1.24  approved by the center to provide shelter and services to 
  1.25  battered women and their children. 
  1.26     Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
  2.1   charge per person for providing food, lodging, safety, and 
  2.2   24-hour coverage for battered women and their children. 
  2.3      Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
  2.4   amount the center has reserved for each shelter facility. 
  2.5      Subd. 8.  [SHELTER RESIDENT.] "Shelter resident" means a 
  2.6   woman or child residing in a shelter facility. 
  2.7      Subd. 9.  [BATTERED WOMAN.] "Battered woman" means a woman 
  2.8   who has experienced domestic abuse as defined in section 
  2.9   518B.01, subdivision 2, paragraph (a). 
  2.10     Sec. 2.  [611A.371] [PROGRAM PURPOSE.] 
  2.11     The purpose of the per diem program is to provide 
  2.12  reimbursement in a timely, efficient manner to local programs 
  2.13  for maintenance and security costs to assure the availability of 
  2.14  safe shelter for battered women.  Per diem funding may not be 
  2.15  used for other purposes. 
  2.16     Sec. 3.  [611A.372] [DUTIES OF THE DIRECTOR.] 
  2.17     In addition to any other duties imposed by law, the 
  2.18  director, with the approval of the commissioner of public 
  2.19  safety, shall: 
  2.20     (1) supervise the administration of per diem payments to 
  2.21  shelter facilities; 
  2.22     (2) adopt rules consistent with law for carrying out the 
  2.23  provisions of sections 1 to 6; 
  2.24     (3) collect data on shelter facilities; 
  2.25     (4) conduct an annual evaluation of the per diem program; 
  2.26  and 
  2.27     (5) report to the governor and the legislature on the need 
  2.28  for emergency secure shelter. 
  2.29     Sec. 4.  [611A.373] [ELIGIBILITY.] 
  2.30     Designated shelter facilities may seek reimbursement for 
  2.31  reasonable and necessary costs of providing battered women and 
  2.32  their children with food, lodging, and safety. 
  2.33     Sec. 5.  [611A.374] [PAYMENTS.] 
  2.34     Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
  2.35  facilities may submit requests for payment monthly based on the 
  2.36  number of persons housed.  Upon approval of the request for 
  3.1   payment by the center, payments shall be made directly to 
  3.2   designated shelter facilities from per diem funds on behalf of 
  3.3   women and their children who reside in the shelter facility.  
  3.4   Payments made to a designated shelter facility must not exceed 
  3.5   the annual reserve amount for that facility unless approved by 
  3.6   the director.  Payments to designated shelter facilities must 
  3.7   not affect the eligibility of individuals who reside in shelter 
  3.8   facilities for public assistance benefits except when required 
  3.9   by federal law or regulation. 
  3.10     Subd. 2.  [RESERVE AMOUNT LIMITATION.] The total of all 
  3.11  reserve amounts shall not exceed the per diem appropriation. 
  3.12     Sec. 6.  [611A.375] [APPEAL PROCESS.] 
  3.13     A designated shelter facility may, within 30 days after 
  3.14  receiving a decision by the center to deny payment, request 
  3.15  reconsideration.  A facility may not appeal a decision by the 
  3.16  center to deny payments in excess of the facility's reserve 
  3.17  amount.  A designated shelter facility denied payment upon 
  3.18  reconsideration is entitled to a contested case hearing within 
  3.19  the meaning of chapter 14.