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 programprograms under sections 268.672268.86 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 providersservices, and decertify service providersservices 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 andsubdivision 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, 1988As of July 1, 1998, employment and training services mustmay 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 toif 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 managementand 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 1988Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law Number 100-485104-193 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-SMFIP. (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.