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HF 4071

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/04/2022 05:08pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2022

Current Version - as introduced

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A bill for an act
relating to employees; modifying the membership and duties of the Task Force on
Subminimum Wages; amending Laws 2021, First Special Session chapter 7, article
17, section 14.

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

Section 1.

Laws 2021, First Special Session chapter 7, article 17, section 14, is amended
to read:


Sec. 14. TASK FORCE ON deleted text beginELIMINATINGdeleted text end SUBMINIMUM WAGES.

Subdivision 1.

Establishment; purpose.

The Task Force on deleted text beginEliminatingdeleted text end Subminimum
Wages is established to develop a plan and make recommendations to deleted text beginphase out payment
of subminimum wages to people with disabilities on or before August 1, 2025
deleted text endnew text begin promote
independence and increase opportunities for people with disabilities to earn competitive
wages
new text end.

Subd. 2.

Definitions.

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.

Subd. 3.

Membership.

(a) The task force consists of deleted text begin16deleted text endnew text begin 20new text end members, appointed as
follows:

(1) the commissioner of human services or a designee;

(2) the commissioner of labor and industry or a designee;

(3) the commissioner of education or a designee;

(4) the commissioner of employment and economic development or a designee;

(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;

(6) one member appointed by the Minnesota Disability Law Center;

(7) one member appointed by The Arc of Minnesota;

(8) deleted text beginthreedeleted text endnew text begin fournew text end members who are persons with disabilities appointed by the commissioner
of human services, at least one of whom deleted text beginmust bedeleted text endnew text begin isnew text end neurodiverse, deleted text beginanddeleted text end at least one of whom
deleted text begin must havedeleted text endnew text begin hasnew text end a significant physical disabilitynew text begin, and at least one of whom at the time of the
appointment is being paid a subminimum wage
new text end;

(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;

(10) one member appointed by the Minnesota Organization for Habilitation and
Rehabilitation;

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

(12) one member appointed by the State Rehabilitation Councilnew text begin; and
new text end

new text begin (13) three members who are parents or guardians of persons with disabilities appointed
by the commissioner of human services, at least one of whom is a parent or guardian of a
person who is neurodiverse, at least one of whom is a parent or guardian of a person with
a significant physical disability, and at least one of whom is a parent or guardian of a person
being paid a subminimum wage as of the date of the appointment
new text end.

(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.

Subd. 4.

Appointment deadline; first meeting; chair.

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.

Subd. 5.

Compensation.

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

Subd. 6.

Duties; plan and recommendations.

The task force shall:

(1) develop a plan to deleted text beginphase out the payment of subminimum wages to people with
disabilities by August 1, 2025
deleted text endnew text begin promote independence and increase opportunities for people
with disabilities to earn competitive wages
new text end;

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

(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;

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

(5) propose a plan to establish and evaluate benchmarks for measuring annual progress
toward deleted text begineliminatingdeleted text endnew text begin reducing reliance onnew text end subminimum wages;

(6) propose a plan to monitor and track outcomes of employees with disabilitiesnew text begin, including
those who transition to competitive employment
new text end;

(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;

(8) identify benefits to the state deleted text beginin eliminatingdeleted text endnew text begin of reducing reliance onnew text end subminimum
deleted text begin wage by August 1, 2025deleted text endnew text begin wagesnew text end;

(9) identify barriers to eliminating subminimum deleted text beginwage by August 1, 2025deleted text endnew text begin wagesnew text end, including
the cost of implementing and providing ongoing employment services, training, and support
for employees with disabilities deleted text beginanddeleted text endnew text begin,new text end the cost of paying minimum deleted text beginwagedeleted text endnew text begin wagesnew text end to employees
with disabilitiesnew text begin, and the potential impact on persons with disabilities who would be unable
to find sustainable employment in the absence of a subminimum wage or who would not
choose competitive employment
new text end;

(10) make recommendations to eliminate the barriers identified in clause (9); and

(11) identify and make recommendations for sustainable financial support, funding, and
resources for deleted text begineliminatingdeleted text endnew text begin reducing reliance onnew text end subminimum deleted text beginwage by August 1, 2025deleted text endnew text begin wagesnew text end.

Subd. 7.

Duties; provider reinvention grants.

(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:

(1) providers of disability services under Minnesota Statutes, sections 256B.092 and
256B.49, for developing and implementing a business plan to deleted text beginshift the providers' business
models away from paying waiver participants subminimum
deleted text endnew text begin promote independence and
increase opportunities for people with disabilities to earn competitive
new text end wages;

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

(3) organizations to facilitate provider-to-provider mentoring to promote deleted text beginshifting away
from paying employees with disabilities a subminimum wage
deleted text endnew text begin independence and increase
opportunities for people with disabilities to earn competitive wages
new text end; and

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

(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.

(c) Grantees must work with the commissioner to develop their business model deleted text beginand, 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
deleted text endnew text begin to promote independence and increase opportunities
for people with disabilities to earn competitive wages
new text end.

(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.

Subd. 8.

Report.

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 deleted text begineliminate by August 1, 2025, the payment of
subminimum wage
deleted text endnew text begin increase opportunities for people with disabilities to earn competitive
wages
new text end, 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.

Subd. 9.

Administrative support.

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

Subd. 10.

Expiration.

The task force shall conclude their duties and expire on March
31, 2024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner of human services must make the additional appointments required under
this section within 30 days following final enactment.
new text end