Minnesota Legislature
SF 4218
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 10:03am
Current Version - as introduced
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A bill for an act
relating to taxation; aid to Tribal governments; aid to local governments; increasing
state aid to reimburse counties for the nonfederal share of the cost for out-of-home
placement of Indian children; establishing a Tribal resiliency aid program;
establishing a juvenile safety and placement working group; requiring a report;
appropriating money; amending Minnesota Statutes 2020, section 477A.0126,
subdivisions 3, 7; proposing coding for new law in Minnesota Statutes, chapter
477A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 477A.0126, subdivision 3, is amended to
read:
Subd. 3.
Aid for counties.
(a) For aids payable in calendar year 2018 deleted text begin and thereafterdeleted text end new text begin
through 2022new text end , the Department of Revenue shall reimburse each county new text begin an amount equal to
the product of: (1) the ratio of new text end the county's deleted text begin proportionate share ofdeleted text end new text begin initial aid amount to the
total statewide initial aid amount, times (2)new text end the appropriation in subdivision 7 that remains
after the aid for Tribes in subdivision 4 has been paid.new text begin For aids payable in calendar year
2023 and later, the Department of Revenue shall reimburse each county 100 percent of the
county's initial aid amount.
new text end
(b) Each county's deleted text begin proportionate share is based ondeleted text end new text begin initial aid amount is equal tonew text end the
county's nonfederal share of the cost for out-of-home placement of Indian children for the
calendar year that was certified by the commissioner of human services under subdivision
2, paragraph (b), provided that:
(1) the commissioner of human services certifies to the commissioner of revenue that
accurate data are available to make the aid determination under this section; and
(2) the commissioner of human services certifies to the commissioner of revenue that
the county is in substantial compliance with the compliance review system developed in
accordance with subdivision 6.
(c) If the commissioner of human services determines that a county is substantially out
of compliance with the Indian Child Welfare Act or the Minnesota Indian Family Preservation
Act, as determined under subdivision 6, the commissioner of human services shall provide
written notice to the county of its noncompliance, and what actions are necessary by the
county to improve and maintain compliance.
(d) If the county remains substantially out of compliance with the Indian Child Welfare
Act or the Minnesota Indian Family Preservation Act as determined by the commissioner
of human services under subdivision 6 for a second consecutive year, the county deleted text begin shall be
eligible for 50 percent of the aid under this section beginning with the next certification anddeleted text end new text begin
must develop and implement a plan under paragraph (e). The plan must remain in effectnew text end
until the commissioner of human services deleted text begin certifies to the commissioner of revenuedeleted text end new text begin determinesnew text end
that the county is in substantial compliance deleted text begin and is eligible for the aid payment. The
commissioner of human services shall certify to the commissioner of revenue by July 1 of
each year which counties are eligible for an aid reduction in the following yeardeleted text end .
new text begin
(e) A plan under this paragraph must require the county to use up to 50 percent of the
aid under this section to bring the county into substantial compliance. The plan must be
approved by the commissioner of human services. The commissioner of human services
must provide support and technical assistance to a county required to develop and implement
a plan under this paragraph. Activities required under the plan may include:
new text end
new text begin
(1) training for county staff on the requirements of the Indian Child Welfare Act and
the Minnesota Indian Family Preservation Act;
new text end
new text begin
(2) collaboration with Tribal communities;
new text end
new text begin
(3) administrative reviews of case files;
new text end
new text begin
(4) completion of case worker checklists;
new text end
new text begin
(5) data entry or other information technology activities that support the requirements
of this section;
new text end
new text begin
(6) genogram development;
new text end
new text begin
(7) active inquiry and outreach to impacted communities; or
new text end
new text begin
(8) other activities agreed to by the county and the commissioner of human services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 2.
Minnesota Statutes 2020, section 477A.0126, subdivision 7, is amended to read:
Subd. 7.
Appropriation.
(a) new text begin For aids payable in 2022, new text end $5,000,000 is deleted text begin annuallydeleted text end
appropriated to the commissioner of revenue from the general fund to pay aid under this
section.new text begin For aids payable in 2023 and later, an amount sufficient to pay aid under this section
is annually appropriated from the general fund to the commissioner of revenue.
new text end
(b) $390,000 is appropriated annually from the general fund to the commissioner of
human services to implement subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 3.
new text begin
[477A.31] TRIBAL RESILIENCY AID.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "eligible Tribal government"
has the meaning given to Minnesota Tribal governments in section 10.65, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Tribal resiliency aid. new text end
new text begin
(a) The total annual amount of Tribal resiliency aid
available under this section equals $........ The aid must be allocated among eligible Tribal
governments according to the formula in paragraph (b).
new text end
new text begin
(b).....................
new text end
new text begin Subd. 3. new text end
new text begin Eligible uses. new text end
new text begin
A Tribal government that receives aid under this section must
use the aid to increase Tribal resiliency including but not limited to activities to:
new text end
new text begin
(1) strengthen family and kinship supports;
new text end
new text begin
(2) address substance abuse prevention and care;
new text end
new text begin
(3) build capacity to support child well-being and child protection services within the
Tribe;
new text end
new text begin
(4) improve access to timely and appropriate services through the social service
information system (SSIS); or
new text end
new text begin
(5) increase access to other resources for families.
new text end
new text begin Subd. 4. new text end
new text begin Commissioner's duties; payment schedule. new text end
new text begin
(a) The commissioner of revenue
must calculate the amount of Tribal resiliency aid payable to each eligible Tribal government
under this section.
new text end
new text begin
(b) The commissioner shall certify the amount to be paid to each eligible Tribal
government by August 1. The full aid payment to each eligible Tribal government must be
made at the time provided in section 477A.015 for the second installment of local government
aid.
new text end
new text begin Subd. 5. new text end
new text begin Appropriation. new text end
new text begin
An amount sufficient to pay aid under this section is annually
appropriated from the general fund to the commissioner of revenue.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for aid payable in 2022 and thereafter.
new text end
Sec. 4. new text begin WORKING GROUP TO STUDY JUVENILE SAFETY AND PLACEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
The commissioner of human services must convene a
working group for the purpose of proposing legislative reforms to Minnesota Statutes,
chapter 260C. The working group must consist of 15 members who will provide equal
representation from:
new text end
new text begin
(1) counties, with representation from the seven-county metropolitan area and greater
Minnesota, appointed by the Association of Minnesota Counties;
new text end
new text begin
(2) Minnesota's Tribal nations, appointed by the American Indian Child Welfare Advisory
Council;
new text end
new text begin
(3) county attorneys, with representation from the seven-county metropolitan area and
greater Minnesota, appointed by Minnesota County Attorneys Association;
new text end
new text begin
(4) county social services workers, with representation from the seven-county
metropolitan area and greater Minnesota, appointed by the Minnesota Social Service
Association; and
new text end
new text begin
(5) private individuals affected by Minnesota Statutes, chapter 260C, appointed by the
commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Duties; report. new text end
new text begin
The working group must submit a report and provide draft
legislation to the commissioner by November 30, 2023. The report must recommend reforms
to Minnesota Statutes, chapter 260C. The commissioner must submit the report and draft
legislation to the chairs and ranking minority members of the legislative committees with
jurisdiction over civil law and human services by December 15, 2023.
new text end
new text begin Subd. 3. new text end
new text begin First meeting; chair. new text end
new text begin
The commissioner must convene the first meeting of the
working group by August 1, 2022. At the first meeting, the members must elect a chair.
The working group may conduct meetings remotely.
new text end
new text begin Subd. 4. new text end
new text begin Compensation; lobbying; retaliation. new text end
new text begin
(a) Members will serve without
compensation.
new text end
new text begin
(b) Participation in the working group is not considered lobbying under Minnesota
Statutes, chapter 10A.
new text end
new text begin Subd. 5. new text end
new text begin Administrative support. new text end
new text begin
The commissioner must provide administrative
support for the working group.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The working group expires upon submission of the report and draft
legislation to the legislature required under this section.
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
Sec. 5. new text begin APPROPRIATION.
new text end
new text begin
$....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
human services for the juvenile safety and placement working group established in section
4. The general fund base for this appropriation is $....... in fiscal year 2024 and $0 in fiscal
year 2025.
new text end