Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 282-H.F.No. 828 
           An act relating to economic security; clarifying the 
          community action program financial assistance 
          requirements; amending Minnesota Statutes 1984, 
          sections 268.52, subdivisions 1 and 2; and 268.53, 
          subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 268.52, 
subdivision 1, is amended to read:  
    Subdivision 1.  [AUTHORIZATION.] The commissioner of 
economic security may provide financial assistance for community 
action agencies, Indian reservations and the statewide migrant 
seasonal farmworker organization known as the Minnesota migrant 
council to carry out community action programs as described in 
section 268.54 in accordance with the omnibus reconciliation act 
of 1981, Public Law Number 97-35, as amended in 1984, Public Law 
Number 98-558, state law, and federal law and regulation. 
    Sec. 2.  Minnesota Statutes 1984, section 268.52, 
subdivision 2, is amended to read: 
    Subd. 2.  [ALLOCATION OF FUNDS MONEY.] (a) State funds 
money appropriated for Minnesota economic opportunity grants and 
community service block grants for the purpose of subdivision 1 
grant money alloted to the state and all money transferred to 
the community service block grant from other block grants shall 
be allocated annually to community action agencies and Indian 
reservation governments under either clause clauses (a) or 
(b) and (c), whichever is more advantageous to the agency, to 
Indian reservations under clause (c) and to the Minnesota 
migrant council under clause paragraph (d). 
    If the appropriation for Minnesota economic opportunity 
grants or community service block grants is less than the 
previous fiscal year the insufficiency shall be prorated 
annually among the agencies 
    (a) In proportion to the size of the poverty level 
population served by the agency when compared to the size of the 
poverty level population in the state; or 
    (b) The available annual money will provide base funding to 
all community action agencies and the Indian reservations.  Base 
funding amounts per agency are as follows:  for agencies with 
low income populations up to 3,999, $25,000; 4,000 to 23,999, 
$50,000; and 24,000 or more, $100,000. 
    (b) Determined as follows: 
    If the appropriation of funds for community action agencies 
shall be equal to or more than that available in the previous 
fiscal year, there shall be in place a "hold-harmless" provision 
for the allocation of funds among community action agencies. For 
purposes of this section, "hold-harmless" for the Minnesota 
Economic Opportunity Grant Program is the amount of funding 
received by a community action agency under the Economic 
Opportunity Grant Program in the previous fiscal year.  When 
calculating an agency's community services block grant, 
"hold-harmless" is the amount of funding received by a community 
action agency from the community services block grant act basic 
allotment in the previous fiscal year (c) All remaining money of 
the annual money available after the base funding has been 
determined must be allocated to each agency and reservation in 
proportion to the size of the poverty level population in the 
agency's service area compared to the size of the poverty level 
population in the state.  
    (c) (d) Allocation of funds money to Indian reservations 
is based on the poverty level population of the reservation. 
    (d) Allocation of funds to the Minnesota migrant council 
shall not exceed three percent of the total funds available. The 
state office of economic opportunity shall negotiate the 
percentage allocation annually based on the most recent low 
income population figures the Minnesota migrant council must not 
exceed three percent of the total annual money available. Base 
funding allocations must be made for all community action 
agencies and Indian reservations that received money under 
section 268.52, subdivision 2, in fiscal year 1984, and for 
community action agencies designated under section 268.52 with a 
service area population of 35,000 or greater. 
    Sec. 3.  Minnesota Statutes 1984, section 268.53, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTERING BOARD.] Each community action 
agency shall administer its community action programs through a 
community action board consisting of 15 to 51 members. 
    (a) One-third of the members of the board shall be elected 
public officials, currently holding office, or their 
representatives. 
    (b) At least one-third of the members shall be persons 
chosen in accordance with democratic selection procedures 
adequate to assure that they are representative of the poor in 
the area served. 
    (c) The other members shall be officials or members of 
business, industry, labor, religious, welfare, education, or 
other major groups and interests in the community.  Each member 
of the board selected to represent a specific geographic area 
within a community must reside in the area represented. 
    (d) No person selected under clause (b) or (c) shall serve 
for more than five consecutive years or more than a total of ten 
years. 
    (e) The public community action agency shall have an 
administering board which meets the requirements of this 
subdivision.  
    (f) (e) The statewide migrant seasonal farmworker 
organization known as the Minnesota migrant council and Indian 
reservations carrying out community action programs are exempt 
from the board composition requirements of this subdivision. 
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 31, 1985