1.1                          A bill for an act 
  1.2             relating to human services; making changes to welfare 
  1.3             programs providing an education choice; amending 
  1.4             Minnesota Statutes 1997 Supplement, sections 256J.49, 
  1.5             subdivision 12; 256J.515; 256J.52, subdivisions 2, 3, 
  1.6             5, and 7; and 56J.57, subdivision 1; repealing 
  1.7             Minnesota Statutes 1997 Supplement, sections 256J.53; 
  1.8             256J.55, subdivision 1; and 256J.57, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.11  256J.49, subdivision 12, is amended to read: 
  1.12     Subd. 12.  [SUITABLE EMPLOYMENT.] "Suitable employment" 
  1.13  means employment that: 
  1.14     (1) is within the participant's physical and mental 
  1.15  abilities; 
  1.16     (2) pays hourly gross wages of not less than the applicable 
  1.17  state or federal minimum wage amount necessary for unsubsidized 
  1.18  employment; 
  1.19     (3) meets health and safety standards set by federal, state 
  1.20  and county agencies; and 
  1.21     (4) complies with federal, state, and local 
  1.22  antidiscrimination laws. 
  1.23     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.24  256J.515, is amended to read: 
  1.25     256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.] 
  1.26     During the first meeting with participants, job counselors 
  1.27  must ensure that an overview of employment and training services 
  2.1   is provided that stresses the necessity and opportunity of 
  2.2   immediate employment, outlines the evaluation and job search 
  2.3   resources offered, explains the requirements to comply with of 
  2.4   an employment plan and the consequences for failing to comply, 
  2.5   and explains the services that are available to support job 
  2.6   search and, work, and education. 
  2.7      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.8   256J.52, subdivision 2, is amended to read: 
  2.9      Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  2.10  with the cooperation of the participant, assess the 
  2.11  participant's ability to obtain and retain employment.  This 
  2.12  initial assessment must include a review of the participant's 
  2.13  education level, prior employment or work experience, 
  2.14  transferable work skills, and existing job markets. 
  2.15     (b) In assessing the participant, the job counselor must 
  2.16  determine if the participant needs refresher courses for 
  2.17  professional certification or licensure, in which case, the job 
  2.18  search plan under subdivision 3 must include the courses 
  2.19  necessary to obtain the certification or licensure, in addition 
  2.20  to other work activities, provided the combination of the 
  2.21  courses and other work activities are at least for 40 hours per 
  2.22  week.  
  2.23     (c) If a participant can demonstrate to the satisfaction of 
  2.24  the county agency that Understanding that lack of proficiency in 
  2.25  English is a barrier to obtaining suitable employment, the job 
  2.26  counselor must include participation in an intensive English as 
  2.27  a second language program if available or otherwise a regular 
  2.28  English as a second language program in the individual's 
  2.29  employment plan under subdivision 5 for as long as needed.  Lack 
  2.30  of proficiency in English is not necessarily a barrier to 
  2.31  employment.  
  2.32     (d) Understanding that education may provide the best 
  2.33  opportunity for unsubsidized employment, the job counselor may 
  2.34  must approve an education or training plan, and postpone the job 
  2.35  search requirement, as a first option if the participant has a 
  2.36  proposal for an education program which: 
  3.1      (1) can be completed within 12 48 months; 
  3.2      (2) meets the criteria of section 256J.53, subdivisions 2, 
  3.3   3, and 5; and 
  3.4      (3) is likely, without additional training, to lead to 
  3.5   monthly employment earnings which, after subtraction of the 
  3.6   earnings disregard under section 256J.21, equal or exceed the 
  3.7   family wage level for the participant's assistance 
  3.8   unit meaningful employment. 
  3.9      (e) A participant who, at the time of the initial 
  3.10  assessment, presents a plan that includes farming as a 
  3.11  self-employed work activity must have an employment plan 
  3.12  developed under subdivision 5 that includes the farming as an 
  3.13  approved work activity. 
  3.14     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.15  256J.52, subdivision 3, is amended to read: 
  3.16     Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
  3.17  after the initial assessment, the job counselor determines that 
  3.18  the participant possesses sufficient skills that the participant 
  3.19  is likely to succeed in obtaining suitable employment, the 
  3.20  participant must may conduct job search for a period of up to 
  3.21  eight weeks, for at least up to 30 hours per week.  The 
  3.22  participant must accept any offer of suitable employment.  The 
  3.23  job counselor and participant must may develop a job search 
  3.24  support plan which specifies, at a minimum:  whether the job 
  3.25  search is to be supervised or unsupervised; support services 
  3.26  that will be provided while the participant conducts job search 
  3.27  activities; the courses necessary to obtain certification or 
  3.28  licensure, if applicable, and after obtaining the license or 
  3.29  certificate, the client must comply with subdivision 5; and how 
  3.30  frequently the participant must report to the job counselor on 
  3.31  the status of the participant's job search activities.  
  3.32     (b) During the eight-week job search period, either the job 
  3.33  counselor or the participant may request a review of the 
  3.34  participant's job search plan and progress towards obtaining 
  3.35  suitable employment.  If a review is requested by the 
  3.36  participant, the job counselor must concur that the review is 
  4.1   appropriate for the participant at that time.  If a review is 
  4.2   conducted, the job counselor may make a determination to conduct 
  4.3   a secondary assessment prior to the conclusion of the job search.
  4.4      (c) Failure to conduct the required job search, to accept 
  4.5   any offer of suitable employment, to develop or comply with a 
  4.6   job search support plan, or voluntarily quitting suitable 
  4.7   employment without good cause results in the imposition of a 
  4.8   sanction under section 256J.46.  If at the end of eight weeks 
  4.9   the participant has not obtained suitable employment, the job 
  4.10  counselor must conduct a secondary assessment of the participant 
  4.11  under subdivision 3. 
  4.12     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  4.13  256J.52, subdivision 5, is amended to read: 
  4.14     Subd. 5.  [EMPLOYMENT PLAN; CONTENTS.] Based on the 
  4.15  secondary assessment under subdivision 4, the job counselor and 
  4.16  the participant must may develop an employment plan for the 
  4.17  participant that includes specific activities that are tied to 
  4.18  an employment goal and a plan for long-term self-sufficiency, 
  4.19  and that is designed to move the participant along the most 
  4.20  direct path to unsubsidized employment.  The employment plan 
  4.21  must may list the specific steps that will be taken to obtain 
  4.22  employment and a timetable for completion of each of the steps.  
  4.23  As part of the development of the participant's employment plan, 
  4.24  the participant shall have the option of selecting from among 
  4.25  the vendors or resources that the job counselor determines will 
  4.26  be effective in supplying one or more of the services necessary 
  4.27  to meet the employment goals specified in the participant's plan.
  4.28  In compiling the list of vendors and resources that the job 
  4.29  counselor determines would be effective in meeting the 
  4.30  participant's employment goals, the job counselor must determine 
  4.31  that adequate financial resources are available for the vendors 
  4.32  or resources ultimately selected by the participant.  The job 
  4.33  counselor and the participant must sign the developed plan to 
  4.34  indicate agreement between the job counselor and the participant 
  4.35  on the contents of the plan.  
  4.36     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  5.1   256J.52, subdivision 7, is amended to read: 
  5.2      Subd. 7.  [REVISION OF PLAN.] If the employee has lost or 
  5.3   quit a job with good cause, the job counselor must ascertain the 
  5.4   reason for the job loss and work with the participant to amend 
  5.5   the job search support plan or employment plan, whichever is in 
  5.6   effect, as necessary to address the problem.  If a job search 
  5.7   support plan is in effect, the participant, county agency, or 
  5.8   job counselor may request a secondary assessment at this time. 
  5.9      Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  5.10  256J.57, subdivision 1, is amended to read: 
  5.11     Subdivision 1.  [GOOD CAUSE FOR FAILURE TO COMPLY.] The 
  5.12  county agency shall not impose the sanction under section 
  5.13  256J.46 if it determines determine that the participant has good 
  5.14  cause for failing to comply participate with the requirements of 
  5.15  section 256J.45 or sections 256J.52 to 256J.55.  Good cause 
  5.16  exists when: 
  5.17     (1) appropriate child care is not available; 
  5.18     (2) the job does not meet the definition of suitable 
  5.19  employment; 
  5.20     (3) the participant is ill or injured; 
  5.21     (4) a family member is ill and needs care by the 
  5.22  participant that prevents the participant from complying with 
  5.23  the job search support plan or employment plan; 
  5.24     (5) the parental caregiver is unable to secure necessary 
  5.25  transportation; 
  5.26     (6) the parental caregiver is in an emergency situation 
  5.27  that prevents compliance with the job search support plan or 
  5.28  employment plan; 
  5.29     (7) the schedule of compliance with the job search support 
  5.30  plan or employment plan conflicts with judicial proceedings; 
  5.31     (8) the parental caregiver is already participating in 
  5.32  acceptable work activities; 
  5.33     (9) the employment plan requires an educational program for 
  5.34  a caregiver under age 20, but the educational program is not 
  5.35  available; 
  5.36     (10) activities identified in the job search support plan 
  6.1   or employment plan are not available; 
  6.2      (11) the parental caregiver is willing to accept suitable 
  6.3   employment, but suitable employment is not available; or 
  6.4      (12) the parental caregiver documents other verifiable 
  6.5   impediments to compliance with the job search support plan or 
  6.6   employment plan beyond the parental caregiver's control. 
  6.7      Sec. 8.  [REPEALER.] 
  6.8      Minnesota Statutes 1997 Supplement, sections 256J.53; 
  6.9   256J.55, subdivision 1; and 256J.57, subdivision 2, are repealed.