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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 79-S.F.No. 1932 
                  An act relating to economic security; modifying and 
                  repealing various statutory provisions in the area of 
                  economic security; amending Minnesota Statutes 2000, 
                  sections 119A.46, subdivision 3; 268.0111, subdivision 
                  4; 268.0122, subdivision 3; 268.665, subdivision 3; 
                  268.871, subdivisions 1, 1a; repealing Minnesota 
                  Statutes 2000, sections 268.0111, subdivision 9; 
                  268.6715; 268.672; 268.673; 268.6751; 268.677; 
                  268.681; 268.6811; 268.682; 268.85; 268.86, 
                  subdivision 8; 268.871, subdivisions 2, 4; 268.88; 
                  268.90; 268.971. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 119A.46, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICANTS.] (a) Interested eligible 
        organizations may apply to the commissioner for grants under 
        this section.  Two or more eligible organizations may jointly 
        apply for a grant.  Priority shall be given to community action 
        agencies in greater Minnesota and to either community action 
        agencies or neighborhood based nonprofit organizations in cities 
        of the first class.  Of the total annual appropriation, 12.5 
        percent may be used for administrative purposes.  The 
        commissioner may deviate from this percentage if a grantee can 
        justify the need for a larger administrative allowance.  Of this 
        amount, up to five percent may be used by the commissioner for 
        state administrative purposes.  Applications must provide 
        information requested by the commissioner, including at least 
        the information required to assess the factors listed in 
        paragraph (d).  
           (b) The commissioner must coordinate with the commissioner 
        of health who must consult with boards of health to provide swab 
        team services for purposes of secondary prevention.  The 
        priority for swab teams created by grants to eligible 
        organizations under this section must be work assigned by the 
        commissioner of health, or by a board of health if so designated 
        by the commissioner of health, to provide secondary prevention 
        swab team services to fulfill the requirements of section 
        144.9504, subdivision 6, in response to a lead order.  Swab 
        teams assigned work under this section by the commissioner, that 
        are not engaged daily in fulfilling the requirements of section 
        144.9504, subdivision 6, must deliver swab team services in 
        response to elevated blood lead levels as defined in section 
        144.9501, subdivision 9, where lead orders were not issued, and 
        for purposes of primary prevention in census tracts known to be 
        in areas at high risk for toxic lead exposure as described in 
        section 144.9503, subdivision 2. 
           (c) Any additional money must be used for grants to 
        establish swab teams for primary prevention under section 
        144.9503, in census tracts in areas at high risk for toxic lead 
        exposure as determined under section 144.9503, subdivision 2.  
           (d) In evaluating grant applications, the commissioner must 
        consider the following criteria: 
           (1) the use of lead contractors and lead workers for 
        residential swab team services; 
           (2) the participation of neighborhood groups and 
        individuals, as swab team workers, in areas at high risk for 
        toxic lead exposure; 
           (3) plans for the provision of swab team services for 
        primary and secondary prevention as required under subdivision 
        4; 
           (4) plans for supervision, training, career development, 
        and postprogram placement of swab team members; 
           (5) plans for resident and property owner education on lead 
        safety; 
           (6) plans for distributing cleaning supplies to area 
        residents and educating residents and property owners on 
        cleaning techniques; 
           (7) sources of other funding and cost estimates for 
        training, lead inspections, swab team services, equipment, 
        monitoring, testing, and administration; 
           (8) measures of program effectiveness; 
           (9) coordination of program activities with other federal, 
        state, and local public health, job training, apprenticeship, 
        and housing renovation programs including the emergency jobs 
        program programs under sections 268.672 268.86 to 268.881; and 
           (10) prior experience in providing swab team services. 
           Sec. 2.  Minnesota Statutes 2000, section 268.0111, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EMPLOYMENT AND TRAINING SERVICES.] "Employment 
        and training services" means programs, activities, and services 
        related to job training, job placement, and job creation 
        including job service programs, Job Training Partnership Act 
        programs, wage subsidies, work readiness programs, job search, 
        counseling, case management, community work experience programs, 
        displaced homemaker programs, disadvantaged job training 
        programs, grant diversion, employment experience programs, youth 
        employment programs, conservation corps, apprenticeship 
        programs, community investment programs, community development 
        corporations, economic development programs, and opportunities 
        industrialization centers. 
           Sec. 3.  Minnesota Statutes 2000, section 268.0122, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES AS STATE AGENCY.] The commissioner shall: 
           (1) administer the unemployment insurance program and 
        related programs; 
           (2) administer the aspects of the Minnesota family 
        investment program, general assistance, 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) (4) 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) (5) enter into agreements with other departments of the 
        state and local units of government as necessary; 
           (7) (6) as requested, certify employment and training 
        service providers services, and decertify service providers 
        services that fail to comply with performance criteria according 
        to standards established by the commissioner; 
           (8) (7) provide consistent, integrated employment and 
        training services across the state; 
           (9) (8) establish the standards for all employment and 
        training services administered under this chapter; 
           (10) (9) develop standards for the contents and structure 
        of the local service unit plans and plans for Indian tribe 
        employment and training services; 
           (11) (10) provide current state and substate labor market 
        information and forecasts, in cooperation with other agencies; 
           (12) (11) identify underserved populations, unmet service 
        needs, and funding requirements; 
           (13) (12) consult with the council for the blind on matters 
        pertaining to programs and services for the blind and visually 
        impaired; and 
           (14) (13) enter into agreements with Indian tribes as 
        necessary to provide employment and training services as funds 
        become available. 
           Sec. 4.  Minnesota Statutes 2000, section 268.665, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PURPOSE; DUTIES.] The governor's workforce 
        development council shall replace the governor's job training 
        council and assume all of its requirements, duties, and 
        responsibilities, under the Job Training Partnership Act, United 
        States Code, title 29, section 1501, et seq.  Additionally, the 
        workforce development council shall assume the following duties 
        and responsibilities:  
           (a) Coordinate the development, implementation, and 
        evaluation of the statewide education and employment transitions 
        system under section 124D.46.  Beginning January 1, 1997, the 
        council shall also coordinate the development, implementation, 
        and evaluation of the Minnesota youth services programs under 
        sections 124D.39 to 124D.44, and the National and Community 
        Services Act of 1993, United States Code, title 42, section 
        12501, et seq.  
           (b) Review the provision of services and the use of funds 
        and resources under applicable federal human resource programs 
        and advise the governor on methods of coordinating the provision 
        of services and the use of funds and resources consistent with 
        the laws and regulations governing the programs.  For purposes 
        of this section, applicable federal and state human resource 
        programs mean the: 
           (1) Job Training Partnership Act, United States Code, title 
        29, section 1501, et seq.; 
           (2) Carl D. Perkins Vocational and Applied Technology 
        Education Act, United States Code, title 20, section 2301, et 
        seq.; 
           (3) National and Community Service Act of 1993, United 
        States Code, title 42, section 12501, et seq.; 
           (4) Adult Education Act, United States Code, title 20, 
        section 1201, et seq.; 
           (5) Wagner-Peyser Act, United States Code, title 29, 
        section 49; 
           (6) Social Security Act, title IV, part F, (JOBS), United 
        States Code, title 42, section 681, et seq.; 
           (7) Food Stamp Act of 1977, United States Code, title 7, 
        section 6(d)(4), Food Stamp Employment and Training Program, 
        United States Code, title 7, section 2015(d)(4); 
           (8) programs defined in section 268.0111, subdivisions 4 
        and subdivision 5; and 
           (9) School to Work Opportunity Act of 1994, Public Law 
        Number 103-239.  
           Additional federal and state programs and resources can be 
        included within the scope of the council's duties if recommended 
        by the governor after consultation with the council. 
           (c) Review federal, state, and local education, 
        post-secondary, job skills training, and youth employment 
        programs, and make recommendations to the governor and the 
        legislature for establishing an integrated seamless system for 
        providing education, service-learning, and work skills 
        development services to learners and workers of all ages. 
           (d) Advise the governor on the development and 
        implementation of statewide and local performance standards and 
        measures relating to applicable federal human resource programs 
        and the coordination of performance standards and measures among 
        programs.  
           (e) Develop program guidelines and recommend grant approval 
        procedures to the department of children, families, and learning 
        for grants to local education and employment transition 
        partnerships, including implementation grants under section 
        124D.46, grants for youth apprenticeship programs under section 
        124D.47, and youth employer grants; and 
           (1) coordinate implementation of the education and 
        employment transitions system under section 124D.46; 
           (2) promote education and employment transitions programs 
        and knowledge and skills of entrepreneurship among employers, 
        workers, youth, and educators, and encourage employers to 
        provide meaningful work-based learning opportunities; 
           (3) evaluate and identify exemplary education and 
        employment transitions programs and provide technical assistance 
        to local partnerships to replicate the programs throughout the 
        state; 
           (4) establish a performance-based quality assurance system 
        for consistent statewide evaluation of the performance of the 
        education and employment transitions system at both the state 
        and local level; 
           (5) conduct an annual review of each local education and 
        employment transitions partnership to ensure it adequately meets 
        the quality assurance standards established as part of the state 
        quality assurance system; 
           (6) develop the methods to assess local partnership 
        effectiveness; 
           (7) annually publish a report on the findings of the 
        evaluations of each local education transitions partnership; 
           (8) promote knowledge and skills of entrepreneurship among 
        students in kindergarten through grade 12 by sharing information 
        about the ways new business development contributes to a strong 
        economy. 
           (f) Advise the governor on methods to evaluate applicable 
        federal human resource programs.  
           (g) Sponsor appropriate studies to identify human 
        investment needs in Minnesota and recommend to the governor 
        goals and methods for meeting those needs.  
           (h) Recommend to the governor goals and methods for the 
        development and coordination of a human resource system in 
        Minnesota.  
           (i) Examine federal and state laws, rules, and regulations 
        to assess whether they present barriers to achieving the 
        development of a coordinated human resource system. 
           (j) Recommend to the governor and to the federal government 
        changes in state or federal laws, rules, or regulations 
        concerning employment and training programs that present 
        barriers to achieving the development of a coordinated human 
        resource system. 
           (k) Recommend to the governor and to the federal government 
        waivers of laws and regulations to promote coordinated service 
        delivery. 
           (l) Sponsor appropriate studies and prepare and recommend 
        to the governor a strategic plan which details methods for 
        meeting Minnesota's human investment needs and for developing 
        and coordinating a state human resource system. 
           Sec. 5.  Minnesota Statutes 2000, section 268.871, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESPONSIBILITY AND CERTIFICATION.] (a) 
        Unless prohibited by federal law or otherwise determined by 
        state law, a local service unit is responsible for the delivery 
        of employment and training services.  After February 1, 1988 As 
        of July 1, 1998, employment and training services must may be 
        delivered by certified employment and training service providers.
           (b) The local service unit's employment and training 
        service provider must meet the certification standards in this 
        subdivision in order to if the county requests that they be 
        certified to deliver any of the following employment and 
        training services and programs:  wage subsidies; general 
        assistance grant diversion; food stamp employment and training 
        programs; community work experience programs; MFIP job search; 
        MFIP grant diversion; MFIP on-the-job training; and MFIP case 
        management and MFIP employment services.  
           (c) The commissioner shall certify a local service unit's 
        service provider to provide these employment and training 
        services and programs if the commissioner determines that the 
        provider has:  
           (1) past experience in direct delivery of the programs 
        specified in paragraph (b); 
           (2) staff capabilities and qualifications, including 
        adequate staff to provide timely and effective services to 
        clients, and proven staff experience in providing specific 
        services such as assessments, career planning, job development, 
        job placement, support services, and knowledge of community 
        services and educational resources; 
           (3) demonstrated effectiveness in providing services to 
        public assistance recipients and other economically 
        disadvantaged clients; and 
           (4) demonstrated administrative capabilities, including 
        adequate fiscal and accounting procedures, financial management 
        systems, participant data systems, and record retention 
        procedures. 
           (d) When the only service provider that meets the criterion 
        in paragraph (c), clause (1), has been decertified, according to 
        subdivision 1a, in that local service unit, the following 
        criteria shall be substituted:  past experience in direct 
        delivery of multiple, coordinated, nonduplicative services, 
        including outreach, assessments, identification of client 
        barriers, employability development plans, and provision or 
        referral to support services. 
           Sec. 6.  Minnesota Statutes 2000, section 268.871, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [DECERTIFICATION.] (a) The department, on its 
        own initiative, or at the request of the local service unit, 
        shall begin decertification processes for employment and 
        training service providers who: 
           (1) no longer meet one or more of the certification 
        standards; 
           (2) are delivering services in a manner that does not 
        comply with the Family Support Act of 1988 Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996, 
        Public Law Number 100-485 104-193 or relevant state law after 
        corrective actions have been cited, technical assistance has 
        been provided, and a reasonable period of time for remedial 
        action has been provided; or 
           (3) are not complying with other state and federal laws or 
        policy which are necessary for effective delivery of services. 
           (b) The initiating of decertification processes shall not 
        result in decertification of the service provider unless and 
        until adequate fact-finding and investigation has been performed 
        by the department. 
           Sec. 7.  Minnesota Statutes 2000, section 268.88, is 
        amended to read: 
           268.88 [LOCAL SERVICE UNIT PLANS.] 
           (a) By April 15, 1999, and by April 15 of each second year 
        thereafter, local service units shall prepare and submit to the 
        commissioner a plan that covers the next two state fiscal 
        years.  At least 30 days prior to submission of the plan, the 
        local service unit shall solicit comments from the public on the 
        contents of the proposed plan.  The commissioner shall notify 
        each local service unit within 60 days of receipt of its plan 
        that the plan has been approved or disapproved.  The plan must 
        include: 
           (1) a statement of objectives for the employment and 
        training services the local service unit administers; 
           (2) the establishment of job placement and job retention 
        goals, the establishment of public assistance caseload reduction 
        goals, and the strategies and programs that will be used to 
        achieve these goals; 
           (3) a statement of whether the goals from the preceding 
        year were met and an explanation if the local service unit 
        failed to meet the goals; 
           (4) the amount proposed to be allocated to each employment 
        and training service; 
           (5) the proposed types of employment and training services 
        the local service unit plans to utilize; 
           (6) a description of how the local service unit will use 
        funds provided under chapter 256J to meet the requirements of 
        that chapter.  The description must include what services will 
        be provided, per service expenditures, an estimate of how many 
        employment and training slots the local service unit will 
        provide, how many dollars the local service unit will provide 
        per slot per provider, how many participants per slot, an 
        estimate of the ratio of participants per job counselor, and 
        proposed uses for any residual funds not included in slot 
        allocations to providers; 
           (7) a report on the use of wage subsidies, grant 
        diversions, community investment programs, and other services 
        administered under this chapter; 
           (8) a performance review of the employment and training 
        service providers delivering employment and training services 
        for the local service unit; 
           (9) a copy of any contract between the local service unit 
        and an employment and training service provider including 
        expected outcomes and service levels for public assistance 
        clients; 
           (10) a copy of any other agreements between educational 
        institutions, family support services, and child care providers; 
        and 
           (11) a description of how the local service unit ensures 
        compliance with section 256J.06, requiring community involvement 
        in the administration of MFIP-S MFIP. 
           (b) In counties with a city of the first class, the county 
        and the city shall develop and submit a joint plan.  The plan 
        may not be submitted until agreed to by both the city and the 
        county.  The plan must provide for the direct allocation of 
        employment and training money to the city and the county unless 
        waived by either.  If the county and the city cannot concur on a 
        plan, the commissioner shall resolve their dispute.  In counties 
        in which a federally recognized Indian tribe is operating an 
        employment and training program under an agreement with the 
        commissioner of human services, the plan must provide that the 
        county will coordinate its employment and training programs, 
        including developing a system for referrals, sanctions, and the 
        provision of supporting services such as access to child care 
        funds and transportation with programs operated by the Indian 
        tribe.  The plan may not be given final approval by the 
        commissioner until the tribal unit and county have submitted 
        written agreement on these provisions in the plan.  If the 
        county and Indian tribe cannot agree on these provisions, the 
        local service unit shall notify the commissioner of economic 
        security and the commissioners of economic security and human 
        services shall resolve the dispute.  
           (c) The commissioner may withhold the distribution of 
        employment and training money from a local service unit that 
        does not submit a plan to the commissioner by the date set by 
        this section, and shall withhold the distribution of employment 
        and training money from a local service unit whose plan has been 
        disapproved by the commissioner until an acceptable amended plan 
        has been submitted.  
           (d) Beginning April 15, 1992, and by April 15 of each 
        second year thereafter, local service units must prepare and 
        submit to the commissioner an interim year plan update that 
        deals with performance in that state fiscal year and changes 
        anticipated for the second year of the biennium.  The update 
        must include information about employment and training programs 
        addressed in the local service unit's two-year plan and shall be 
        completed in accordance with criteria established by the 
        commissioner. 
           Sec. 8.  [REPEALER.] 
           Subdivision 1.  [WAGE SUBSIDIES.] Minnesota Statutes 2000, 
        section 268.0111, subdivision 9, is repealed.  
           Subd. 2.  [1997 MINNESOTA EMPLOYMENT AND ECONOMIC 
        DEVELOPMENT PROGRAM.] Minnesota Statutes 2000, sections 
        268.6715; 268.672; 268.673; 268.6751; 268.677; 268.681; 
        268.6811; 268.682; and 268.85, are repealed.  
           Subd. 3.  [LOCAL DELIVERY.] Minnesota Statutes 2000, 
        section 268.871, subdivisions 2 and 4, are repealed.  
           Subd. 4.  [EMPLOYMENT AND TRAINING PROGRAMS GRANT 
        DIVERSION.] Minnesota Statutes 2000, section 268.86, subdivision 
        8, is repealed.  
           Subd. 5.  [COMMUNITY INVESTMENT PROGRAMS.] Minnesota 
        Statutes 2000, section 268.90, is repealed.  
           Subd. 6.  [HOSPITALITY HOST PROGRAM.] Minnesota Statutes 
        2000, section 268.971, is repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 8 are effective the day following final 
        enactment. 
           Presented to the governor May 8, 2001 
           Signed by the governor May 10, 2001, 2:51 p.m.