Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 339-H.F.No. 2222 
                  An act relating to state government; excepting certain 
                  contracts from certain contract management 
                  requirements; abolishing certain reports and providing 
                  for a comprehensive annual report by the department of 
                  economic security; amending Minnesota Statutes 1994, 
                  sections 268.0122, subdivisions 3 and 4; and 268.65, 
                  subdivision 1; Minnesota Statutes 1995 Supplement, 
                  sections 16B.06, subdivision 2a; 268.0124; 268.363; 
                  and 268.98, subdivision 2; Laws 1995, chapter 254, 
                  article 1, section 93; proposing coding for new law in 
                  Minnesota Statutes, chapter 268; repealing Minnesota 
                  Statutes 1994, sections 268.367; 268.37, subdivision 
                  5; and 268.38, subdivision 11; Minnesota Statutes 1995 
                  Supplement, section 268.92, subdivision 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        16B.06, subdivision 2a, is amended to read: 
           Subd. 2a.  [EXCEPTION.] The requirements of subdivision 2 
        do not apply to state contracts of the department of economic 
        security distributing and the department of children, families, 
        and learning, to the extent that the department of children, 
        families, and learning is administering programs transferred 
        from the department of economic security, that distribute state 
        and federal funds for the purpose of subcontracting the 
        provision of program services to eligible recipients.  For these 
        contracts, the commissioner of economic security each department 
        is authorized to directly enter into state contracts and 
        encumber available funds.  For contracts distributing state or 
        federal funds pursuant to the federal Economic Dislocation and 
        Worker Adjustment Assistance Act, United States Code, title 29, 
        section 1651 et seq.; or Minnesota Statutes, sections 268.9771, 
        268.978, 268.9781, and 268.9782, the commissioner of economic 
        security is authorized to directly enter into state contracts 
        with approval of the workforce development council and encumber 
        available funds to ensure a rapid response to the needs of 
        dislocated workers.  The commissioner of economic security Each 
        department shall adopt internal procedures to administer and 
        monitor funds distributed under these contracts. 
           Sec. 2.  Minnesota Statutes 1994, section 268.0122, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES AS A STATE AGENCY.] The commissioner 
        shall: 
           (1) administer the unemployment insurance laws and related 
        programs; 
           (2) administer the aspects of aid to families with 
        dependent children, general assistance, work readiness, and food 
        stamps that relate to employment and training services, subject 
        to the contract under section 268.86, subdivision 2; 
           (3) administer wage subsidies and the discretionary 
        employment and training fund; 
           (4) administer a national system of public employment 
        offices as prescribed by United States Code, title 29, chapter 
        4B, the Wagner-Peyser Act, and other federal employment and 
        training programs; 
           (5) cooperate with the federal government and its 
        employment and training agencies in any reasonable manner as 
        necessary to qualify for federal aid for employment and training 
        services and money; 
           (6) enter into agreements with other departments of the 
        state and local units of government as necessary; 
           (7) certify employment and training service providers and 
        decertify service providers that fail to comply with performance 
        criteria according to standards established by the commissioner; 
           (8) provide consistent, integrated employment and training 
        services across the state; 
           (9) establish the standards for all employment and training 
        services administered under this chapter; 
           (10) develop standards for the contents and structure of 
        the local service unit plans and plans for Indian tribe 
        employment and training services; 
           (11) provide current state and substate labor market 
        information and forecasts, in cooperation with other agencies; 
           (12) identify underserved populations, unmet service needs, 
        and funding requirements; 
           (13) consult with the council for the blind on matters 
        pertaining to programs and services for the blind and visually 
        impaired; and 
           (14) submit to the governor, the commissioners of human 
        services and finance, and the chairs of the senate finance and 
        house appropriations committees a semiannual report that: 
           (a) reports, by client classification, an unduplicated 
        count of the kinds and number of services furnished through each 
        program administered or supervised by the department or 
        coordinated with it; 
           (b) reports on the number of job openings listed, 
        developed, available, and obtained by clients; 
           (c) identifies the number of cooperative agreements in 
        place, the number of individuals being served, and the kinds of 
        service provided them; 
           (d) evaluates the performance of services, such as wage 
        subsidies, community investments, work readiness, and grant 
        diversions; and 
           (e) explains the effects of current employment levels, 
        unemployment rates, and program performance on the unemployment 
        insurance fund and general assistance, work readiness, and aid 
        to families with dependent children caseloads and program 
        expenditures; and 
           (15) enter into agreements with Indian tribes as necessary 
        to provide employment and training services as funds become 
        available. 
           Sec. 3.  Minnesota Statutes 1994, section 268.0122, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DEMONSTRATION PROJECTS.] The commissioner may 
        conduct and administer demonstration projects to test methods 
        and procedures for providing employment and training services.  
        The demonstration must provide new methods and procedures of 
        administration and must not conflict with the basic purposes, 
        coverage, or benefits provided by law.  No demonstration project 
        authorized by this section is effective until the following 
        conditions are met: 
           (a) a comprehensive plan, including the estimated project 
        costs, is filed with the secretary of the senate and the chief 
        clerk of the house of representatives at least 60 days before 
        its effective date; 
           (b) any required approval by a federal agency is obtained; 
        and 
           (c) the comprehensive plan, including the estimated project 
        costs, is approved by the legislative advisory commission and 
        filed with the commissioner of administration.  
           Sec. 4.  Minnesota Statutes 1995 Supplement, section 
        268.0124, is amended to read: 
           268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
           (a) To the extent reasonable and consistent with the goals 
        of providing easily understandable and readable materials and 
        complying with federal and state laws governing the programs, 
        all written materials relating to services and determinations of 
        eligibility for or amounts of benefits that will be given to 
        applicants for or recipients of assistance under a program 
        administered or supervised by the commissioner of economic 
        security must be understandable to a person of average 
        intelligence and education. 
           (b) All written materials relating to determinations of 
        eligibility for or amounts of benefits that will be given to 
        applicants for or recipients of assistance under programs 
        administered or supervised by the commissioner of economic 
        security must be developed to satisfy the plain language 
        requirements of the plain language contract act under sections 
        325G.29 to 325G.36.  Materials may be submitted to the attorney 
        general for review and certification.  Notwithstanding section 
        325G.35, subdivision 1, the attorney general shall review 
        submitted materials to determine whether they comply with the 
        requirements of section 325G.31.  The remedies available 
        pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
        these materials.  Failure to comply with this section does not 
        provide a basis for suspending the implementation or operation 
        of other laws governing programs administered by the 
        commissioner. 
           (c) The requirements of this section apply to all materials 
        modified or developed by the commissioner on or after July 1, 
        1988.  The requirements of this section do not apply to 
        materials that must be submitted to a federal agency for 
        approval, to the extent that application of the requirements 
        prevents federal approval. 
           (d) Nothing in this section may be construed to prohibit a 
        lawsuit brought to require the commissioner to comply with this 
        section or to affect individual appeal rights granted pursuant 
        to section 268.10. 
           (e) The commissioner shall report annually to the chairs of 
        the health and human services divisions of the senate finance 
        committee and the house of representatives appropriations 
        committee on the number and outcome of cases that raise the 
        issue of the commissioner's compliance with this section. 
           Sec. 5.  [268.0125] [ANNUAL REPORT TO LEGISLATURE.] 
           The commissioner shall provide to the legislature no later 
        than January 15 of each year a report of department programs and 
        services.  The report must include: 
           (1) a description of the department's programs and 
        services; 
           (2) the number of clients served by each program or 
        service; 
           (3) an evaluation of each program or service; and 
           (4) recommendations for changes or improvements to the 
        programs or services. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        268.363, is amended to read: 
           268.363 [ADVISORY COMMITTEE.] 
           A 13-member advisory committee is established as provided 
        under section 15.059 to assist the commissioner in selecting 
        eligible organizations to receive program grants, and evaluating 
        the final reports of each organization, and providing 
        recommendations to the legislature.  Notwithstanding section 
        15.059, the advisory committee shall not expire before June 30, 
        1995.  Members of the committee may be reimbursed for expenses 
        but may not receive any other compensation for service on the 
        committee.  The advisory committee consists of representatives 
        of the commissioners of children, families, and learning, human 
        services, and economic security; a representative of the 
        chancellor of vocational education; a representative of the 
        commissioner of the housing finance agency; the director of the 
        office of jobs policy; and seven public members appointed by the 
        governor.  Each of the following groups must be represented by a 
        public member experienced in working with targeted youth:  labor 
        organizations, local educators, community groups, consumers, 
        local housing developers, youth between the ages of 16 and 24 
        who have a period of homelessness, and other homeless persons.  
        At least three of the public members must be from outside of the 
        metropolitan area as defined in section 473.121, subdivision 2.  
        The commissioner may provide staff to the advisory committee to 
        assist it in carrying out its purpose. 
           Sec. 7.  Minnesota Statutes 1994, section 268.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The commissioner of economic 
        security shall establish a training program for structurally 
        unemployed workers under which individuals may be enrolled in an 
        on-the-job training program, and an additional 1,000 individuals 
        may be enrolled in classroom training, in accordance with this 
        section.  Nothing in this section limits or adversely affects 
        the approved training provisions applicable to an individual 
        under section 268.08, subdivision 1, clause (3).  An individual 
        approved under this section is eligible for tuition aid under 
        the provisions of chapter 136A.  The commissioner shall report 
        to the legislature annually regarding the status of the training 
        program. 
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        268.98, subdivision 2, is amended to read: 
           Subd. 2.  [REPORTS.] (a) Grantees receiving funds under 
        sections 268.9771, 268.978, 268.9781, and 268.9782 shall report 
        to the commissioner information on program participants, 
        activities funded, and utilization of funds in a form and manner 
        prescribed by the commissioner. 
           (b) The commissioner shall report quarterly to the 
        workforce development council information on prefeasibility 
        study grants awarded, rapid response and expeditious response 
        activities, worker adjustment services plans, and dislocation 
        event services grants.  Specific information to be reported 
        shall be by agreement between the commissioner and the workforce 
        development council. 
           (c) The commissioner shall provide an annual report to the 
        governor, legislature, and the workforce development council on 
        the administration of the programs funded under sections 
        268.9771, 268.978, 268.9781, and 268.9782. 
           Sec. 9.  Laws 1995, chapter 254, article 1, section 93, is 
        amended to read: 
           Sec. 93.  [SPENDING LIMITATION ON CONTRACTS.] 
           (a) During the biennium ending June 30, 1997, the aggregate 
        amount spent by all departments or agencies defined in Minnesota 
        Statutes, section 15.91, subdivision 1, on professional or 
        technical service contracts may not exceed 95 percent of the 
        aggregate amount these departments or agencies spent on these 
        contracts during the biennium from July 1, 1993, to June 30, 
        1995.  For purposes of this section, professional or technical 
        service contracts are as defined in Minnesota Statutes, section 
        16B.17, but do not include contracts for highway construction or 
        maintenance, contracts between state agencies, contracts paid 
        for from insurance trust funds, gift and deposit funds, capital 
        projects funds, or federal funds, contracts with private 
        collection agencies, contracts that are entered into in 
        connection with the agency's distribution of grant funds, or 
        contracts entered into under Minnesota Statutes, section 
        16B.35 or sections 237.50 to 237.55.  The governor or a 
        designated official must limit or disapprove proposed contracts 
        as necessary to comply with this section. 
           (b) During the biennium ending June 30, 1997, the amount 
        spent by (1) the house of representatives; (2) the senate; and 
        (3) the legislative coordinating commission and all groups under 
        its jurisdiction, from direct-appropriated funds on professional 
        or technical service contracts may not exceed 95 percent of the 
        amount spent on these contracts from direct-appropriated funds 
        during the biennium from July 1, 1993, to June 30, 1995.  Each 
        entity listed in clauses (1), (2), and (3) of this paragraph 
        must be treated separately for purposes of determining 
        compliance with this paragraph, except that the legislative 
        coordinating commission and all groups under its jurisdiction 
        must be treated as one unit.  For purposes of this paragraph, 
        "professional or technical service contract" has the meaning 
        defined in section 16B.17, but does not include contracts for 
        actuarial services entered into by the legislative commission on 
        pensions and retirement, or contracts with other legislative or 
        state executive agencies.  The house of representatives 
        committee on rules and legislative administration, the senate 
        committee on rules and administration, and the legislative 
        coordinating commission must each determine the amount of the 
        reduction to be made under this paragraph. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 1994, sections 268.367; 268.37, 
        subdivision 5; 268.38, subdivision 11; Minnesota Statutes 1995 
        Supplement, section 268.92, subdivision 10, are repealed. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 10 are effective the day following final 
        enactment. 
           Presented to the governor March 18, 1996 
           Signed by the governor March 19, 1996, 3:56 p.m.