Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes