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SF 3466

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 10:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; repealing the Task Force on Eliminating Subminimum
Wages; repealing the provider reinvention grant program; amending Laws 2021,
First Special Session chapter 7, article 16, section 2, subdivisions 1, 7, 29; repealing
Laws 2021, First Special Session chapter 7, article 17, sections 14; 15.

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

Section 1.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision
1, is amended to read:


Subdivision 1.

Total Appropriation

$
deleted text begin 8,356,760,000 deleted text end new text begin
8,351,504,000
new text end
$
deleted text begin 9,803,181,000 deleted text end new text begin
9,796,903,000
new text end
Appropriations by Fund
2022
2023
General
deleted text begin 7,295,463,000 deleted text end new text begin
7,290,207,000
new text end
deleted text begin 8,951,733,000 deleted text end new text begin
8,945,455,000
new text end
State Government
Special Revenue
4,299,000
4,299,000
Health Care Access
769,889,000
564,448,000
Federal TANF
282,653,000
278,245,000
Lottery Prize
1,896,000
1,896,000
Opiate Epidemic
Response
2,560,000
2,560,000

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 7, is
amended to read:


Subd. 7.

Central Office; Community Supports

Appropriations by Fund
General
deleted text begin 41,767,000 deleted text end new text begin
40,811,000
new text end
deleted text begin 42,015,000 deleted text end new text begin
40,381,000
new text end
Lottery Prize
163,000
163,000
Opioid Epidemic
Response
60,000
60,000

(a) Children's Mental Health Residential
Treatment Work Group.
$70,000 in fiscal
year 2022 is for the children's mental health
residential treatment work group.

(b) Base Level Adjustment. The general fund
base is deleted text begin$39,668,000deleted text endnew text begin $39,181,000new text end in fiscal year
2024 and $35,479,000 in fiscal year 2025. The
opiate epidemic response fund base is $60,000
in fiscal year 2024 and $0 in fiscal year 2025.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 29,
is amended to read:


Subd. 29.

Grant Programs; Disabilities Grants

deleted text begin 31,398,000 deleted text end new text begin
27,098,000
new text end
deleted text begin 31,010,000 deleted text end new text begin
25,710,000
new text end

(a) Training Stipends for Direct Support
Services Providers.
$1,000,000 in fiscal year
2022 is from the general fund for stipends for
individual providers of direct support services
as defined in Minnesota Statutes, section
256B.0711, subdivision 1. These stipends are
available to individual providers who have
completed designated voluntary trainings
made available through the State-Provider
Cooperation Committee formed by the State
of Minnesota and the Service Employees
International Union Healthcare Minnesota.
Any unspent appropriation in fiscal year 2022
is available in fiscal year 2023. This is a
onetime appropriation. This appropriation is
available only if the labor agreement between
the state of Minnesota and the Service
Employees International Union Healthcare
Minnesota under Minnesota Statutes, section
179A.54, is approved under Minnesota
Statutes, section 3.855.

(b) Parent-to-Parent Peer Support. $125,000
in fiscal year 2022 and $125,000 in fiscal year
2023 are from the general fund for a grant to
an alliance member of Parent to Parent USA
to support the alliance member's
parent-to-parent peer support program for
families of children with a disability or special
health care need.

(c) Self-Advocacy Grants. (1) $143,000 in
fiscal year 2022 and $143,000 in fiscal year
2023 are from the general fund for a grant
under Minnesota Statutes, section 256.477,
subdivision 1
.

(2) $105,000 in fiscal year 2022 and $105,000
in fiscal year 2023 are from the general fund
for subgrants under Minnesota Statutes,
section 256.477, subdivision 2.

(d) Minnesota Inclusion Initiative Grants.
$150,000 in fiscal year 2022 and $150,000 in
fiscal year 2023 are from the general fund for
grants under Minnesota Statutes, section
256.4772.

(e) Grants to Expand Access to Child Care
for Children with Disabilities.
$250,000 in
fiscal year 2022 and $250,000 in fiscal year
2023 are from the general fund for grants to
expand access to child care for children with
disabilities. This is a onetime appropriation.

(f) Parenting with a Disability Pilot Project.
The general fund base includes $1,000,000 in
fiscal year 2024 and $0 in fiscal year 2025 to
implement the parenting with a disability pilot
project.

(g) Base Level Adjustment. The general fund
base is deleted text begin$29,260,000deleted text endnew text begin $24,760,000new text end in fiscal year
2024 and $22,260,000 in fiscal year 2025.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4. new text beginREPEALER.
new text end

new text begin Laws 2021, First Special Session chapter 7, article 17, sections 14; and 15, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Session Laws: 22-04540

Laws 2021, First Special Session chapter 7, article 17, section 14

Sec. 14. new text beginTASK FORCE ON ELIMINATING SUBMINIMUM WAGES.new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Task Force on Eliminating Subminimum Wages is established to develop a plan and make recommendations to phase out payment of subminimum wages to people with disabilities on or before August 1, 2025. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "subminimum wage" means wages authorized under section 14(c) of the federal Fair Labor Standards Act, Minnesota Statutes, section 177.28, subdivision 5, or Minnesota Rules, parts 5200.0030 and 5200.0040. new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of 16 members, appointed as follows: new text end

new text begin (1) the commissioner of human services or a designee; new text end

new text begin (2) the commissioner of labor and industry or a designee; new text end

new text begin (3) the commissioner of education or a designee; new text end

new text begin (4) the commissioner of employment and economic development or a designee; new text end

new text begin (5) a representative of the Department of Employment and Economic Development's Vocational Rehabilitation Services Division appointed by the commissioner of employment and economic development; new text end

new text begin (6) one member appointed by the Minnesota Disability Law Center; new text end

new text begin (7) one member appointed by The Arc of Minnesota; new text end

new text begin (8) three members who are persons with disabilities appointed by the commissioner of human services, at least one of whom must be neurodiverse, and at least one of whom must have a significant physical disability; new text end

new text begin (9) two representatives of employers authorized to pay subminimum wage and one representative of an employer who successfully transitioned away from payment of subminimum wages to people with disabilities, appointed by the commissioner of human services; new text end

new text begin (10) one member appointed by the Minnesota Organization for Habilitation and Rehabilitation; new text end

new text begin (11) one member appointed by ARRM; and new text end

new text begin (12) one member appointed by the State Rehabilitation Council. new text end

new text begin (b) To the extent possible, membership on the task force under paragraph (a) shall reflect geographic parity throughout the state and representation from Black, Indigenous, and communities of color. new text end

new text begin Subd. 4. new text end

new text begin Appointment deadline; first meeting; chair. new text end

new text begin Appointing authorities must complete member selections by January 1, 2022. The commissioner of human services shall convene the first meeting of the task force by February 15, 2022. The task force shall select a chair from among its members at its first meeting. new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members shall be compensated and may be reimbursed for expenses as provided in Minnesota Statutes, section 15.059, subdivision 3. new text end

new text begin Subd. 6. new text end

new text begin Duties; plan and recommendations. new text end

new text begin The task force shall: new text end

new text begin (1) develop a plan to phase out the payment of subminimum wages to people with disabilities by August 1, 2025; new text end

new text begin (2) consult with and advise the commissioner of human services on statewide plans for limiting subminimum wages in medical assistance home and community-based services waivers under Minnesota Statutes, sections 256B.092 and 256B.49; new text end

new text begin (3) engage with employees with disabilities paid subminimum wages and conduct community education on the payment of subminimum wages to people with disabilities in Minnesota; new text end

new text begin (4) identify and collaborate with employees, employers, businesses, organizations, agencies, and stakeholders impacted by the phase out of subminimum wage on how to implement the plan and create sustainable work opportunities for employees with disabilities; new text end

new text begin (5) propose a plan to establish and evaluate benchmarks for measuring annual progress toward eliminating subminimum wages; new text end

new text begin (6) propose a plan to monitor and track outcomes of employees with disabilities; new text end

new text begin (7) identify initiatives, investment, training, and services designed to improve wages, reduce unemployment rates, and provide support and sustainable work opportunities for persons with disabilities; new text end

new text begin (8) identify benefits to the state in eliminating subminimum wage by August 1, 2025; new text end

new text begin (9) identify barriers to eliminating subminimum wage by August 1, 2025, including the cost of implementing and providing ongoing employment services, training, and support for employees with disabilities and the cost of paying minimum wage to employees with disabilities; new text end

new text begin (10) make recommendations to eliminate the barriers identified in clause (9); and new text end

new text begin (11) identify and make recommendations for sustainable financial support, funding, and resources for eliminating subminimum wage by August 1, 2025. new text end

new text begin Subd. 7. new text end

new text begin Duties; provider reinvention grants. new text end

new text begin (a) The commissioner of human services shall establish a provider reinvention grant program to promote independence and increase opportunities for people with disabilities to earn competitive wages. The commissioner shall make the grants available to at least the following: new text end

new text begin (1) providers of disability services under Minnesota Statutes, sections 256B.092 and 256B.49, for developing and implementing a business plan to shift the providers' business models away from paying waiver participants subminimum wages; new text end

new text begin (2) organizations to develop peer-to-peer mentoring for people with disabilities who have successfully transitioned to earning competitive wages; new text end

new text begin (3) organizations to facilitate provider-to-provider mentoring to promote shifting away from paying employees with disabilities a subminimum wage; and new text end

new text begin (4) organizations to conduct family outreach and education on working with people with disabilities who are transitioning from subminimum wage employment to competitive employment. new text end

new text begin (b) The provider reinvention grant program must be competitive. The commissioner of human services must develop criteria for evaluating responses to requests for proposals. Criteria for evaluating grant applications must be finalized no later than November 1, 2021. The commissioner of human services shall administer grants in compliance with Minnesota Statutes, sections 16B.97 and 16B.98, and related policies set forth by the Department of Administration's Office of Grants Management. new text end

new text begin (c) Grantees must work with the commissioner to develop their business model and, as a condition of receiving grant funds, grantees must fully phase out the use of subminimum wage by April 1, 2024, unless the grantee receives a waiver from the commissioner of human services for a demonstrated need. new text end

new text begin (d) Of the total amount available for provider reinvention grants, the commissioner may award up to 25 percent of the grant funds to providers who have already successfully shifted their business model away from paying employees with disabilities subminimum wages to provide provider-to-provider mentoring to providers receiving a provider reinvention grant. new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin By February 15, 2023, the task force shall submit to the chairs and ranking minority members of the committees and divisions in the senate and house of representatives with jurisdiction over employment and wages and over health and human services a report with recommendations to eliminate by August 1, 2025, the payment of subminimum wage, and any changes to statutes, laws, or rules required to implement the recommendations of the task force. The task force must include in the report a recommendation concerning continuing the task force beyond its scheduled expiration. new text end

new text begin Subd. 9. new text end

new text begin Administrative support. new text end

new text begin The commissioner of human services shall provide meeting space and administrative services to the task force. new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The task force shall conclude their duties and expire on March 31, 2024. new text end

Laws 2021, First Special Session chapter 7, article 17, section 15

Sec. 15. new text beginMOVING TO INDEPENDENCE: SUBMINIMUM WAGE PHASE-OUT.new text end

new text begin (a) This act includes $4,300,000 in fiscal year 2022 and $5,300,000 in fiscal year 2023 for the commissioner of human services to establish a reinvention grant program to promote independence and increase opportunities for people with disabilities to earn competitive wages. The general fund base included in this act for this purpose is $4,500,000 in fiscal year 2024 and $0 in fiscal year 2025. new text end

new text begin (b) All grant activities must be completed by March 31, 2024. new text end

new text begin (c) This section expires June 30, 2024. new text end