1.1                          A bill for an act 
  1.2             relating to human services; making changes to MFIP; 
  1.3             appropriating money; amending Minnesota Statutes 1998, 
  1.4             sections 256J.49, subdivision 12; 256J.52, 
  1.5             subdivisions 2, 3, and 4; 256J.53, subdivision 1; and 
  1.6             256J.62, by adding a subdivision; Laws 1997, chapter 
  1.7             85, article 1, section 63; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 256J; repealing 
  1.9             Minnesota Statutes 1998, section 256J.53, subdivision 
  1.10            4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 256J.49, 
  1.13  subdivision 12, is amended to read: 
  1.14     Subd. 12.  [SUITABLE EMPLOYMENT.] "Suitable employment" 
  1.15  means employment that: 
  1.16     (1) is within the participant's physical and mental 
  1.17  abilities; 
  1.18     (2) pays hourly gross wages of not less than the applicable 
  1.19  state or federal minimum wage and provides opportunities for 
  1.20  advancement that can reasonably be expected to lead to wages 
  1.21  sufficient to enable the participant to transition off of MFIP; 
  1.22     (3) meets health and safety standards set by federal, state 
  1.23  and county agencies; and 
  1.24     (4) complies with federal, state, and local 
  1.25  antidiscrimination laws. 
  1.26     Sec. 2.  Minnesota Statutes 1998, section 256J.52, 
  1.27  subdivision 2, is amended to read: 
  1.28     Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  2.1   with the cooperation of the participant, assess the 
  2.2   participant's ability to obtain and retain employment.  This 
  2.3   initial assessment must include a review of the participant's 
  2.4   education level, prior employment or work experience, 
  2.5   transferable work skills, and existing job markets. 
  2.6      (b) In assessing the participant, the job counselor must 
  2.7   determine if the participant needs refresher courses for 
  2.8   professional certification or licensure, in which case, the job 
  2.9   search plan under subdivision 3 must include the courses 
  2.10  necessary to obtain the certification or licensure, in addition 
  2.11  to other work activities, provided the combination of the 
  2.12  courses and other work activities are at least for 40 hours per 
  2.13  week.  
  2.14     (c) If a participant can demonstrate to the satisfaction of 
  2.15  the county agency that lack of proficiency in English or lack of 
  2.16  other basic skills is a barrier to obtaining suitable 
  2.17  employment, retaining employment, or advancing in a career that 
  2.18  would result in long-term self-sufficiency, the job counselor 
  2.19  must include participation in an intensive English as a second 
  2.20  language program if available or otherwise a regular English as 
  2.21  a second language program, or participation in an adult basic 
  2.22  education program in the individual's job search support plan 
  2.23  under subdivision 3 or employment plan under subdivision 5.  
  2.24  Lack of proficiency in English is not necessarily a barrier to 
  2.25  employment.  Participants with low skills in reading or 
  2.26  mathematics who are proficient at or below an eighth-grade level 
  2.27  must be allowed to include basic education activities in a job 
  2.28  search support plan or an employment plan. 
  2.29     (d) The job counselor may approve an education or training 
  2.30  plan, and postpone the job search requirement, if the 
  2.31  participant has a proposal for an education program which: 
  2.32     (1) can be completed within 12 months; 
  2.33     (2) meets the criteria of section 256J.53, subdivisions 2, 
  2.34  3, and 5; and 
  2.35     (3) is likely, without additional training, to lead to 
  2.36  monthly employment earnings which, after subtraction of the 
  3.1   earnings disregard under section 256J.21, equal or exceed the 
  3.2   family wage level for the participant's assistance unit. 
  3.3      (e) A participant who, at the time of the initial 
  3.4   assessment, presents a plan that includes farming as a 
  3.5   self-employed work activity must have an employment plan 
  3.6   developed under subdivision 5 that includes the farming as an 
  3.7   approved work activity. 
  3.8      Sec. 3.  Minnesota Statutes 1998, section 256J.52, 
  3.9   subdivision 3, is amended to read: 
  3.10     Subd. 3.  [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If, 
  3.11  after the initial assessment, the job counselor determines that 
  3.12  the participant possesses sufficient skills that the participant 
  3.13  is likely to succeed in obtaining suitable employment, the 
  3.14  participant must conduct job search for a period of up to eight 
  3.15  weeks, for at least 30 hours per week.  The participant must 
  3.16  accept any offer of suitable employment.  Upon agreement by a 
  3.17  job counselor and the participant, a job search support plan or 
  3.18  employment plan may limit a job search to jobs that are 
  3.19  consistent with the participant's employment goal.  The job 
  3.20  counselor and participant must develop a job search support plan 
  3.21  which specifies, at a minimum:  whether the job search is to be 
  3.22  supervised or unsupervised; support services that will be 
  3.23  provided while the participant conducts job search activities; 
  3.24  the courses necessary to obtain certification or licensure, if 
  3.25  applicable, and after obtaining the license or certificate, the 
  3.26  client must comply with subdivision 5; and how frequently the 
  3.27  participant must report to the job counselor on the status of 
  3.28  the participant's job search activities.  
  3.29     (b) During the eight-week job search period, either the job 
  3.30  counselor or the participant may request a review of the 
  3.31  participant's job search plan and progress towards obtaining 
  3.32  suitable employment.  If a review is requested by the 
  3.33  participant, the job counselor must concur that the review is 
  3.34  appropriate for the participant at that time.  If a review is 
  3.35  conducted, the job counselor may make a determination to conduct 
  3.36  a secondary assessment prior to the conclusion of the job search.
  4.1      (c) Failure to conduct the required job search, to accept 
  4.2   any offer of suitable employment, to develop or comply with a 
  4.3   job search support plan, or voluntarily quitting suitable 
  4.4   employment without good cause results in the imposition of a 
  4.5   sanction under section 256J.46.  If at the end of eight weeks 
  4.6   the participant has not obtained suitable employment, the job 
  4.7   counselor must conduct a secondary assessment of the participant 
  4.8   under subdivision 3. 
  4.9      Sec. 4.  Minnesota Statutes 1998, section 256J.52, 
  4.10  subdivision 4, is amended to read: 
  4.11     Subd. 4.  [SECONDARY ASSESSMENT.] (a) The job counselor 
  4.12  must conduct a secondary assessment for those participants who: 
  4.13     (1) in the judgment of the job counselor, have barriers to 
  4.14  obtaining employment that will not be overcome with a job search 
  4.15  support plan under subdivision 3; 
  4.16     (2) have completed eight weeks of job search under 
  4.17  subdivision 3 without obtaining suitable employment; 
  4.18     (3) have not received a secondary assessment, are working 
  4.19  at least 20 hours per week, and the participant, job counselor, 
  4.20  or county agency requests a secondary assessment; or 
  4.21     (4) have an existing job search plan or employment plan 
  4.22  developed for another program or are already involved in 
  4.23  training or education activities under section 256J.55, 
  4.24  subdivision 5. 
  4.25     (b) In the secondary assessment the job counselor must 
  4.26  evaluate the participant's skills and prior work experience, 
  4.27  family circumstances, interests and abilities, need for 
  4.28  preemployment activities, supportive or educational services, 
  4.29  and the extent of any barriers to employment.  The job counselor 
  4.30  must use the information gathered through the secondary 
  4.31  assessment to develop an employment plan under subdivision 5. 
  4.32     (c) The provider shall make available to participants 
  4.33  information regarding additional vendors or resources which 
  4.34  provide employment and training services that may be available 
  4.35  to the participant under a plan developed under this 
  4.36  section.  At a minimum, the provider must make available 
  5.1   information on the following resources:  business and higher 
  5.2   education partnerships operated under the Minnesota job skills 
  5.3   partnership, community and technical colleges, adult basic 
  5.4   education programs, and services offered by vocational 
  5.5   rehabilitation programs.  The information must include a brief 
  5.6   summary of services provided and related performance 
  5.7   indicators.  Performance indicators must include, but are not 
  5.8   limited to, the average time to complete program offerings, 
  5.9   placement rates, entry and average wages, and retention rates.  
  5.10  To be included in the information given to participants, a 
  5.11  vendor or resource must provide counties with relevant 
  5.12  information in the format required by the county. 
  5.13     Sec. 5.  Minnesota Statutes 1998, section 256J.53, 
  5.14  subdivision 1, is amended to read: 
  5.15     Subdivision 1.  [LENGTH OF PROGRAM.] In order for a 
  5.16  post-secondary education or training program to be approved work 
  5.17  activity as defined in section 256J.49, subdivision 13, clause 
  5.18  (18), it must be a program lasting 12 months or less, and the 
  5.19  participant must meet the requirements of subdivisions 2 and 3.  
  5.20  A program lasting up to 24 months may be approved on an 
  5.21  exception basis if the conditions specified in subdivisions 2 to 
  5.22  4 are met.  A participant may not be approved for more than a 
  5.23  total of 24 months of post-secondary education or training. 
  5.24     Sec. 6.  [256J.535] [SUPPORTING PARENTS MAKING SATISFACTORY 
  5.25  PROGRESS IN EDUCATION AND TRAINING.] 
  5.26     If a caregiver is enrolled in a post-secondary education or 
  5.27  training program and is maintaining a 2.5 grade point average, 
  5.28  on a 4.0 scale, cash assistance received by the caregiver while 
  5.29  enrolled in education or training and maintaining a 2.5 grade 
  5.30  point average does not count toward the 60-month time limit on 
  5.31  assistance.  A participant may take advantage of this section 
  5.32  for no more than a total of 36 months.  Participants enrolled in 
  5.33  education or training under this section are participating in a 
  5.34  segregated state TANF program. 
  5.35     Sec. 7.  Minnesota Statutes 1998, section 256J.62, is 
  5.36  amended by adding a subdivision to read: 
  6.1      Subd. 3a.  [SET-ASIDE FOR HIGH PERFORMANCE BONUS.] The 
  6.2   commissioner shall award a grant to a county pursuant to this 
  6.3   subdivision for each bonus year for which the county is a 
  6.4   high-performing county.  Award funds shall be based on county 
  6.5   rankings that address absolute county performance and county 
  6.6   performance improvement, including job retention and increases 
  6.7   in participant earnings.  Not later than December 1, 1999, the 
  6.8   commissioner of economic security, in consultation with the 
  6.9   commissioner of human services, shall develop a formula for 
  6.10  measuring performance for the purpose of this subdivision.  The 
  6.11  formula may take into account general economic conditions and 
  6.12  the number of hard-to-employ MFIP participants on a 
  6.13  county-by-county or regional basis. 
  6.14     Sec. 8.  Laws 1997, chapter 85, article 1, section 63, is 
  6.15  amended to read: 
  6.16     Sec. 63.  [COUNTY PERFORMANCE STANDARDS.] 
  6.17     (a) Beginning July 1, 1998, and each quarter thereafter, 
  6.18  the commissioner of human services shall inform all counties of 
  6.19  each county's performance on the following measures: 
  6.20     (1) MFIP-S caseload reduction; 
  6.21     (2) average placement wage rate; 
  6.22     (3) rate of job retention after three months; 
  6.23     (4) placement rate into unsubsidized jobs; 
  6.24     (5) federal participation requirements as specified in 
  6.25  title 1 of Public Law Number 104-193 of the Personal 
  6.26  Responsibility and Work Opportunity Act of 1996; 
  6.27     (6) the average length of time an individual receives 
  6.28  public assistance, beginning with new MFIP-S applicants, and the 
  6.29  rate of recidivism; and 
  6.30     (7) the cost per placement of an individual in unsubsidized 
  6.31  employment; and 
  6.32     (8) the number of participants who are placed in education 
  6.33  or training who have attained a recognized credential relating 
  6.34  to the achievement of skills demanded by the labor market. 
  6.35     (b) By January 1, 1998, the counties and the commissioner 
  6.36  shall establish performance standards for each of the measures 
  7.1   in paragraph (a). 
  7.2      (c) By July 1, 1998, the counties and the commissioner 
  7.3   shall develop a plan to allocate, if such sanctions occur, 
  7.4   federal sanctions between the state and counties resulting from 
  7.5   a failure to meet the performance standards specified in title 1 
  7.6   of Public Law Number 104-193 of the Personal Responsibility and 
  7.7   Work Opportunity Act of 1996. 
  7.8      (d) The commissioner shall report the plan to the 
  7.9   legislature by October 1, 1998. 
  7.10     Sec. 9.  [APPROPRIATION.] 
  7.11     $....... is appropriated from the general fund to the 
  7.12  commissioner of human services for the biennium beginning July 
  7.13  1, 1999, for purposes of Minnesota Statutes, section 256J.535. 
  7.14     Sec. 10.  [REPEALER.] 
  7.15     Minnesota Statutes 1998, section 256J.53, subdivision 4, is 
  7.16  repealed.