1.1                          A bill for an act 
  1.2             relating to human services; modifying provisions for 
  1.3             family and adult self-sufficiency; amending Minnesota 
  1.4             Statutes 2000, sections 256D.053, subdivision 1; 
  1.5             256J.11, subdivision 3; 256J.24, subdivision 10; 
  1.6             256J.39, subdivision 2; 256J.42, subdivisions 1, 3, 4, 
  1.7             and by adding subdivisions; 256J.46, subdivisions 1, 
  1.8             2a, and by adding a subdivision; 256J.48, subdivision 
  1.9             2; 256J.50, subdivisions 1 and 7; 256J.52, subdivision 
  1.10            2; 256J.53, subdivision 1; 256J.62, subdivision 9; and 
  1.11            256J.625, subdivisions 1, 2, and 4; proposing coding 
  1.12            for new law in Minnesota Statutes, chapter 256J; 
  1.13            repealing Minnesota Statutes 2000, sections 256J.46, 
  1.14            subdivision 1a; and 256J.53, subdivision 4. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 256D.053, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [PROGRAM ESTABLISHED.] The Minnesota food 
  1.19  assistance program is established to provide food assistance to 
  1.20  legal noncitizens residing in this state who are ineligible to 
  1.21  participate in the federal Food Stamp Program solely due to the 
  1.22  provisions of section 402 or 403 of Public Law Number 104-193, 
  1.23  as authorized by Title VII of the 1997 Emergency Supplemental 
  1.24  Appropriations Act, Public Law Number 105-18, and as amended by 
  1.25  Public Law Number 105-185. 
  1.26     Beginning July 1, 2002, the Minnesota food assistance 
  1.27  program is limited to those noncitizens described in this 
  1.28  subdivision who are 50 years of age or older. 
  1.29     Sec. 2.  [256J.021] [SEPARATE STATE PROGRAM FOR USE OF 
  1.30  STATE MONEY.] 
  2.1      Beginning October 1, 2001, and each year thereafter, the 
  2.2   commissioner of human services must treat financial assistance 
  2.3   expenditures made to or on behalf of any minor child under 
  2.4   section 256J.02, subdivision 2, clause (1), who is a resident of 
  2.5   this state under section 256J.12, and who is part of a 
  2.6   two-parent eligible household as expenditures under a separately 
  2.7   funded state program and report those expenditures to the 
  2.8   federal department of health and human services as separate 
  2.9   state program expenditures under Code of Federal Regulations, 
  2.10  title 45, section 263.5. 
  2.11     Sec. 3.  Minnesota Statutes 2000, section 256J.11, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [BENEFITS FUNDED WITH STATE MONEY.] (a) 
  2.14  Notwithstanding Laws 2000, chapter 488, article 10, section 28, 
  2.15  state funds may be used for legal noncitizens receiving MFIP who 
  2.16  are ineligible for federal funding. 
  2.17     (b) Legal adult noncitizens who have resided in the country 
  2.18  for four years or more as a lawful permanent resident, whose 
  2.19  benefits are funded entirely with state money, and who are under 
  2.20  70 years of age, must, as a condition of eligibility: 
  2.21     (1) be enrolled in a literacy class, English as a second 
  2.22  language class, or a citizen class; 
  2.23     (2) be applying for admission to a literacy class, English 
  2.24  as a second language class, and is on a waiting list; 
  2.25     (3) be in the process of applying for a waiver from the 
  2.26  Immigration and Naturalization Service of the English language 
  2.27  or civics requirements of the citizenship test; 
  2.28     (4) have submitted an application for citizenship to the 
  2.29  Immigration and Naturalization Service and is waiting for a 
  2.30  testing date or a subsequent swearing in ceremony; or 
  2.31     (5) have been denied citizenship due to a failure to pass 
  2.32  the test after two attempts or because of an inability to 
  2.33  understand the rights and responsibilities of becoming a United 
  2.34  States citizen, as documented by the Immigration and 
  2.35  Naturalization Service or the county. 
  2.36     If the county social service agency determines that a legal 
  3.1   noncitizen subject to the requirements of this subdivision will 
  3.2   require more than one year of English language training, then 
  3.3   the requirements of clause (1) or (2) shall be imposed after the 
  3.4   legal noncitizen has resided in the country for three years.  
  3.5   Individuals who reside in a facility licensed under chapter 
  3.6   144A, 144D, 245A, or 256I are exempt from the requirements of 
  3.7   this subdivision. 
  3.8      Sec. 4.  Minnesota Statutes 2000, section 256J.24, 
  3.9   subdivision 10, is amended to read: 
  3.10     Subd. 10.  [MFIP EXIT LEVEL.] (a) In state fiscal years 
  3.11  2000 and 2001, The commissioner shall adjust the MFIP earned 
  3.12  income disregard to ensure that most participants do not lose 
  3.13  eligibility for MFIP until their income reaches at least 120 
  3.14  percent of the federal poverty guidelines in effect in October 
  3.15  of each fiscal year.  The adjustment to the disregard shall be 
  3.16  based on a household size of three, and the resulting earned 
  3.17  income disregard percentage must be applied to all household 
  3.18  sizes.  The adjustment under this subdivision must be 
  3.19  implemented at the same time as the October food stamp 
  3.20  cost-of-living adjustment is reflected in the food portion of 
  3.21  MFIP transitional standard as required under subdivision 5a. 
  3.22     (b) In state fiscal year 2002 and thereafter, the earned 
  3.23  income disregard percentage must be the same as the percentage 
  3.24  implemented in October 2000. 
  3.25     Sec. 5.  Minnesota Statutes 2000, section 256J.39, 
  3.26  subdivision 2, is amended to read: 
  3.27     Subd. 2.  [PROTECTIVE AND VENDOR PAYMENTS.] Alternatives to 
  3.28  paying assistance directly to a participant may be used when: 
  3.29     (1) a county agency determines that a vendor payment is the 
  3.30  most effective way to resolve an emergency situation pertaining 
  3.31  to basic needs; 
  3.32     (2) a caregiver makes a written request to the county 
  3.33  agency asking that part or all of the assistance payment be 
  3.34  issued by protective or vendor payments for shelter and utility 
  3.35  service only.  The caregiver may withdraw this request in 
  3.36  writing at any time; 
  4.1      (3) the vendor payment is part of a sanction under section 
  4.2   256J.46; 
  4.3      (4) the vendor payment is required under section 256J.24, 
  4.4   subdivision 8, 256J.26, or 256J.43; 
  4.5      (5) (4) protective payments are required for minor parents 
  4.6   under section 256J.14; or 
  4.7      (6) (5) a caregiver has exhibited a continuing pattern of 
  4.8   mismanaging funds as determined by the county agency. 
  4.9      The director of a county agency or the director's designee 
  4.10  must approve a proposal for protective or vendor payment for 
  4.11  money mismanagement when there is a pattern of mismanagement 
  4.12  under clause (6) (5).  During the time a protective or vendor 
  4.13  payment is being made, the county agency must provide services 
  4.14  designed to alleviate the causes of the mismanagement. 
  4.15     The continuing need for and method of payment must be 
  4.16  documented and reviewed every 12 months.  The director of a 
  4.17  county agency or the director's designee must approve the 
  4.18  continuation of protective or vendor payments.  When it appears 
  4.19  that the need for protective or vendor payments will continue or 
  4.20  is likely to continue beyond two years because the county 
  4.21  agency's efforts have not resulted in sufficiently improved use 
  4.22  of assistance on behalf of the minor child, judicial appointment 
  4.23  of a legal guardian or other legal representative must be sought 
  4.24  by the county agency.  
  4.25     Sec. 6.  Minnesota Statutes 2000, section 256J.42, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [TIME LIMIT.] (a) Except for the exemptions 
  4.28  as otherwise provided for in this section, an assistance unit in 
  4.29  which any adult caregiver has received 60 months of cash 
  4.30  assistance funded in whole or in part by the TANF block grant in 
  4.31  this or any other state or United States territory, or from a 
  4.32  tribal TANF program, MFIP, the AFDC program formerly codified in 
  4.33  sections 256.72 to 256.87, or the family general assistance 
  4.34  program formerly codified in sections 256D.01 to 256D.23, funded 
  4.35  in whole or in part by state appropriations, is ineligible to 
  4.36  receive MFIP.  Any cash assistance funded with TANF dollars in 
  5.1   this or any other state or United States territory, or from a 
  5.2   tribal TANF program, or MFIP assistance funded in whole or in 
  5.3   part by state appropriations, that was received by the unit on 
  5.4   or after the date TANF was implemented, including any assistance 
  5.5   received in states or United States territories of prior 
  5.6   residence, counts toward the 60-month limitation.  The 60-month 
  5.7   limit applies to a minor who is the head of a household or who 
  5.8   is married to the head of a household caregiver except under 
  5.9   subdivision 5.  The 60-month time period does not need to be 
  5.10  consecutive months for this provision to apply.  
  5.11     (b) The months before July 1998 in which individuals 
  5.12  received assistance as part of the field trials as an MFIP, 
  5.13  MFIP-R, or MFIP or MFIP-R comparison group family are not 
  5.14  included in the 60-month time limit. 
  5.15     Sec. 7.  Minnesota Statutes 2000, section 256J.42, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [ADULTS LIVING ON AN IN INDIAN 
  5.18  RESERVATION COUNTRY.] In determining the number of months for 
  5.19  which an adult has received assistance under MFIP-S MFIP, the 
  5.20  county agency must disregard any month during which the adult 
  5.21  lived on an in Indian reservation country if during the month at 
  5.22  least 50 percent of the adults living on the reservation in 
  5.23  Indian country were not employed. 
  5.24     Sec. 8.  Minnesota Statutes 2000, section 256J.42, 
  5.25  subdivision 4, is amended to read: 
  5.26     Subd. 4.  [VICTIMS OF DOMESTIC FAMILY VIOLENCE.] Any cash 
  5.27  assistance received by an assistance unit in a month when a 
  5.28  caregiver is complying complied with a safety plan or after 
  5.29  October 1, 2001, complied or is complying with an alternative 
  5.30  employment plan under the MFIP-S employment and training 
  5.31  component section 256J.49, subdivision 1a, does not count toward 
  5.32  the 60-month limitation on assistance. 
  5.33     Sec. 9.  Minnesota Statutes 2000, section 256J.42, is 
  5.34  amended by adding a subdivision to read: 
  5.35     Subd. 6.  [COMPLIANCE.] For purposes of determining 
  5.36  eligibility for a hardship extension under subdivisions 7, 8, 
  6.1   and 9, a caregiver is in compliance in any month that the 
  6.2   caregiver has not been sanctioned under section 256J.46, 
  6.3   subdivision 1. 
  6.4      Sec. 10.  Minnesota Statutes 2000, section 256J.42, is 
  6.5   amended by adding a subdivision to read: 
  6.6      Subd. 7.  [HARDSHIP EXTENSIONS.] (a) An assistance unit 
  6.7   subject to the time limit in subdivision 1 in which any 
  6.8   caregiver has received 60 counted months of cash assistance is 
  6.9   eligible to receive assistance under a MFIP hardship extension, 
  6.10  if the caregiver meets the following criteria.  If there is more 
  6.11  than one caregiver in the assistance unit, each caregiver must 
  6.12  meet the criteria for the case to be extended: 
  6.13     (1) the caregiver is in compliance; and 
  6.14     (2) the caregiver has been in compliance for more than 30 
  6.15  months during the first 60 months on MFIP. 
  6.16     (b) If any caregiver in the assistance unit is sanctioned 
  6.17  for noncompliance under section 256J.46, subdivision 1, in the 
  6.18  60th month, the assistance unit's MFIP case must be closed.  The 
  6.19  assistance unit's case must be reopened if the caregiver 
  6.20  complies with the requirements in sections 256J.52 to 256J.55 
  6.21  and no other caregiver in the assistance unit was sanctioned for 
  6.22  noncompliance under section 256J.45, subdivision 1, for 30 or 
  6.23  more months during the first 60 months. 
  6.24     (c) If any caregiver in the assistance unit was sanctioned 
  6.25  for noncompliance under section 256J.46, subdivision 1, for 30 
  6.26  or more months during the first 60 months, the assistance unit 
  6.27  is no longer eligible to receive MFIP unless the caregiver 
  6.28  qualifies for a special exemption under subdivision 9. 
  6.29     (d) A caregiver who received months of TANF assistance 
  6.30  counted toward the federal 60-month time limit while the 
  6.31  caregiver met the state time limit exemption criteria in 
  6.32  subdivisions 4 and 5 is eligible for a hardship extension for a 
  6.33  period of time equal to the number of months counted toward the 
  6.34  federal 60-month time limit while the caregiver met the state 
  6.35  time limit exemption criteria in subdivisions 4 and 5. 
  6.36     Sec. 11.  Minnesota Statutes 2000, section 256J.42, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 8.  [TREATMENT OF MONTHS IN ANOTHER STATE.] To be 
  7.3   eligible for a hardship extension under subdivision 7, any 
  7.4   caregiver who received TANF assistance from another state must 
  7.5   meet the following criteria.  If there is more than one 
  7.6   caregiver in the assistance unit who received TANF assistance 
  7.7   from another state, each caregiver must meet the following 
  7.8   criteria: 
  7.9      (1) the caregiver is in compliance; and 
  7.10     (2) the caregiver has been in compliance for more than half 
  7.11  of the months that the caregiver received TANF assistance in 
  7.12  Minnesota. 
  7.13     Sec. 12.  Minnesota Statutes 2000, section 256J.42, is 
  7.14  amended by adding a subdivision to read: 
  7.15     Subd. 9.  [SPECIAL EXEMPTION.] A caregiver whose case is 
  7.16  closed under subdivision 6, paragraph (c), may request a special 
  7.17  exemption.  The county, upon review of the request, must approve 
  7.18  a hardship extension for an assistance unit with a caregiver who 
  7.19  was sanctioned for noncompliance under section 256J.46, 
  7.20  subdivision 1, for 30 or more months during the first 60 months, 
  7.21  if the caregiver demonstrates that: 
  7.22     (a) the caregiver is working on the barriers which resulted 
  7.23  in the noncompliance and is in compliance in the 60th month and 
  7.24  was in compliance the preceding five calendar months.  If the 
  7.25  caregiver was not on MFIP for one or more months during the five 
  7.26  calendar months preceding the 60th month, the month or months 
  7.27  when the caregiver was not on MFIP count as months in 
  7.28  compliance; or 
  7.29     (b) the caregiver qualifies for an exemption under section 
  7.30  256J.56, paragraph (a), clauses (2), (3), (4), and (9). 
  7.31     Sec. 13.  Minnesota Statutes 2000, section 256J.42, is 
  7.32  amended by adding a subdivision to read: 
  7.33     Subd. 10.  [CASE REVIEW.] (a) Within 60 days of the end of 
  7.34  the participant's 60th month on MFIP, the job counselor must 
  7.35  review the participant's employment services plan to determine 
  7.36  if the plan is still appropriate. 
  8.1      (b) Before a participant's case is closed under this 
  8.2   section, the county must ensure that: 
  8.3      (i) the case has been reviewed by the job counselor's 
  8.4   supervisor or the review team designated in the county's 
  8.5   approved local service unit plan to determine if the criteria 
  8.6   for an extension or special exemption, if requested, were 
  8.7   appropriately applied; and 
  8.8      (ii) a county representative attempted to meet with the 
  8.9   participant face-to-face. 
  8.10     (c) During the face-to-face meeting, the county 
  8.11  representative must: 
  8.12     (i) explain the extension criteria in subdivision 6, the 
  8.13  special exemption criteria in subdivision 7, and what the 
  8.14  participant should do if the participant thinks an extension or 
  8.15  special exemption applies; 
  8.16     (ii) identify other resources that may be available to the 
  8.17  participant to meet the needs of the family; and 
  8.18     (iii) inform the participant of the right to appeal the 
  8.19  case closure under section 256J.40. 
  8.20     (d) All cases extended beyond 60 months must be reviewed 
  8.21  every six months by the job counselor's supervisor or the review 
  8.22  team designated in the county's approved local service unit plan 
  8.23  to determine if the participant's employment services plan is 
  8.24  still appropriate. 
  8.25     Sec. 14.  Minnesota Statutes 2000, section 256J.42, is 
  8.26  amended by adding a subdivision to read: 
  8.27     Subd. 11.  [LENGTH OF EXTENSIONS.] (a) Assistance units 
  8.28  granted a hardship extension under subdivision 7, 8, or 9 may 
  8.29  continue to receive assistance under MFIP, as long as all 
  8.30  caregivers in the assistance unit remain in compliance with, or 
  8.31  are exempt from, the requirements in sections 256J.52 to 
  8.32  256J.55.  If any caregiver does not comply with the requirements 
  8.33  in sections 256J.52 to 256J.55, and is not exempt, the case must 
  8.34  be closed.  The first time a case that was granted a hardship 
  8.35  extension under subdivision 7, 8, or 9 is closed for 
  8.36  noncompliance, the case may be reopened if the noncompliant 
  9.1   caregiver complies with the requirements in sections 256J.52 to 
  9.2   256J.55.  The second or subsequent time a case that was granted 
  9.3   a hardship extension under subdivision 7, 8, or 9 is closed for 
  9.4   noncompliance the assistance unit is no longer eligible to 
  9.5   receive MFIP unless the noncompliant caregiver demonstrates that:
  9.6      (1) the caregiver is working on the barriers which resulted 
  9.7   in the noncompliance; and 
  9.8      (2) the caregiver is working with a MFIP job counselor and 
  9.9   has been in compliance with the employment services plan for the 
  9.10  last six calendar months. 
  9.11     (b) If the caregiver is participating in FSET, months of 
  9.12  compliance with the FSET employability development plan may be 
  9.13  used to meet the requirements in paragraph (a), clause (1).  If 
  9.14  a case granted a hardship extension under subdivision 7, 8, or 9 
  9.15  is closed for reasons other than noncompliance, the assistance 
  9.16  unit may reapply for MFIP.  If the assistance unit meets the 
  9.17  criteria in sections 256J.10 and 256J.42, the case must be 
  9.18  reopened. 
  9.19     Sec. 15.  Minnesota Statutes 2000, section 256J.46, 
  9.20  subdivision 1, is amended to read: 
  9.21     Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
  9.22  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
  9.23  good cause to comply with the requirements of this chapter, and 
  9.24  who is not subject to a sanction under subdivision 2, shall be 
  9.25  subject to a sanction as provided in this subdivision. 
  9.26     (b) A participant who fails to comply with an alternative 
  9.27  employment plan must have the plan reviewed by a person trained 
  9.28  in domestic violence and a job counselor to determine if 
  9.29  components of the alternative employment plan are still 
  9.30  appropriate.  If the activities are no longer appropriate, the 
  9.31  plan must be revised with a person trained in domestic violence 
  9.32  and approved by a job counselor.  A participant who fails to 
  9.33  comply with a plan that is determined not to need revision will 
  9.34  lose their exemption and be required to comply with regular 
  9.35  employment services activities.  
  9.36     (c) A sanction under this subdivision becomes effective the 
 10.1   month following the month in which a required notice is given.  
 10.2   A sanction must not be imposed when a participant comes into 
 10.3   compliance with the requirements for orientation under section 
 10.4   256J.45 or third-party liability for medical services under 
 10.5   section 256J.30, subdivision 10, prior to the effective date of 
 10.6   the sanction.  A sanction must not be imposed when a participant 
 10.7   comes into compliance with the requirements for employment and 
 10.8   training services under sections 256J.49 to 256J.72 ten days 
 10.9   prior to the effective date of the sanction.  For purposes of 
 10.10  this subdivision, each month that a participant fails to comply 
 10.11  with a requirement of this chapter shall be considered a 
 10.12  separate occurrence of noncompliance.  A participant who has had 
 10.13  one or more sanctions imposed must remain in compliance with the 
 10.14  provisions of this chapter for six months in order for a 
 10.15  subsequent occurrence of noncompliance to be considered a first 
 10.16  occurrence.  
 10.17     (b) (d) Sanctions for noncompliance shall be imposed as 
 10.18  follows: 
 10.19     (1) For the first occurrence of noncompliance by a 
 10.20  participant in a single-parent household or by one participant 
 10.21  in a two-parent household, the assistance unit's grant shall be 
 10.22  reduced by ten percent of the MFIP standard of need for an 
 10.23  assistance unit of the same size with the residual grant paid to 
 10.24  the participant.  The reduction in the grant amount must be in 
 10.25  effect for a minimum of one month and shall be removed in the 
 10.26  month following the month that the participant returns to 
 10.27  compliance.  
 10.28     (2) For a second or subsequent, third, fourth, fifth, or 
 10.29  sixth occurrence of noncompliance, or when both participants in 
 10.30  a two-parent household are out of compliance at the same time, 
 10.31  the assistance unit's shelter costs shall be vendor paid up to 
 10.32  the amount of the cash portion of the MFIP grant for which the 
 10.33  participant's assistance unit is eligible.  At county option, 
 10.34  the assistance unit's utilities may also be vendor paid up to 
 10.35  the amount of the cash portion of the MFIP grant remaining after 
 10.36  vendor payment of the assistance unit's shelter costs.  The 
 11.1   residual amount of the grant after vendor payment, if any, must 
 11.2   be reduced by an amount equal to 30 percent of the MFIP standard 
 11.3   of need for an assistance unit of the same size before the 
 11.4   residual grant is paid to the assistance unit.  The reduction in 
 11.5   the grant amount must be in effect for a minimum of one month 
 11.6   and shall be removed in the month following the month that a 
 11.7   participant in a one-parent household returns to compliance.  In 
 11.8   a two-parent household, the grant reduction must be in effect 
 11.9   for a minimum of one month and shall be removed in the month 
 11.10  following the month both participants return to compliance.  The 
 11.11  vendor payment of shelter costs and, if applicable, utilities 
 11.12  shall be removed six months after the month in which the 
 11.13  participant or participants return to compliance. 
 11.14     (3) For a seventh or subsequent occurrence of 
 11.15  noncompliance, the amount of the MFIP grant for which the 
 11.16  participant's assistance unit is eligible must be reduced by an 
 11.17  amount equal to 50 percent of the MFIP standard of need for an 
 11.18  assistance unit of the same size before the residual grant is 
 11.19  paid to the assistance unit.  The reduction in the grant amount 
 11.20  must be in effect for a minimum of one month and shall be 
 11.21  removed in the month following the month that a participant in a 
 11.22  one-parent household returns to compliance.  In a two-parent 
 11.23  household, the grant reduction must be in effect for a minimum 
 11.24  of one month and shall be removed in the month following the 
 11.25  month both participants return to compliance. 
 11.26     (c) (e) No later than during the second month that a 
 11.27  sanction under paragraph (b) (d), clause (2), is in effect due 
 11.28  to noncompliance with employment services, the participant's 
 11.29  case file must be reviewed to determine if: 
 11.30     (i) the continued noncompliance can be explained and 
 11.31  mitigated by providing a needed preemployment activity, as 
 11.32  defined in section 256J.49, subdivision 13, clause (16) or 
 11.33  services under a local intervention grant for self-sufficiency; 
 11.34     (ii) the participant qualifies for a good cause exception 
 11.35  under section 256J.57; or 
 11.36     (iii) the participant qualifies for an exemption under 
 12.1   section 256J.56; or 
 12.2      (iv) the participant qualifies for a waiver under section 
 12.3   256J.52, subdivision 6. 
 12.4      If the lack of an identified activity can explain the 
 12.5   noncompliance, the county must work with the participant to 
 12.6   provide the identified activity, and the county must restore the 
 12.7   participant's grant amount to the full amount for which the 
 12.8   assistance unit is eligible.  The grant must be restored 
 12.9   retroactively to the first day of the month in which the 
 12.10  participant was found to lack preemployment activities or to 
 12.11  qualify for an exemption or, a good cause exception, or a family 
 12.12  violence waiver. 
 12.13     (f) If the participant is found to qualify for a good cause 
 12.14  exception or an exemption, or a family violence waiver, the 
 12.15  county must restore the participant's grant to the full amount 
 12.16  for which the assistance unit is eligible.  
 12.17     (g) The county must ensure that before a 50 percent 
 12.18  sanction is imposed: 
 12.19     (i) the case has been reviewed by the job counselor's 
 12.20  supervisor or the review team designated in the county's 
 12.21  approved local service unit plan to determine if the sanction 
 12.22  was appropriately applied and the case review required in 
 12.23  paragraph (e) has been completed; and 
 12.24     (ii) a county representative attempted to meet with the 
 12.25  participant face-to-face. 
 12.26     (h) During the face-to-face meeting required in paragraph 
 12.27  (g), the county representative must: 
 12.28     (i) identify the specific employment services requirements 
 12.29  the participant is not complying with and what the participant 
 12.30  must do to comply; 
 12.31     (ii) explain the exemption provisions in section 256J.56, 
 12.32  the good cause provisions in section 256J.57, and what the 
 12.33  participant should do if the participant thinks he or she is 
 12.34  eligible for an exemption or has good cause for noncompliance; 
 12.35     (iii) explain the potential effect on the assistance unit 
 12.36  if the participant remains out of compliance with employment 
 13.1   services requirements; 
 13.2      (iv) identify other resources that may be available to the 
 13.3   participant to meet the needs of his or her family; and 
 13.4      (v) inform the participant of the right to appeal the 
 13.5   sanction under section 256J.40. 
 13.6      (i) For the purposes of applying the 50 percent sanction in 
 13.7   paragraph (d), clause (3), only occurrences of noncompliance 
 13.8   that occur after the effective date of this section shall be 
 13.9   considered.  If the caregiver is in 30 percent sanction in the 
 13.10  month this section takes effect, that month counts as the first 
 13.11  occurrence for purposes of applying the 50 percent sanction, but 
 13.12  the sanction remains at 30 percent for that month. 
 13.13     (j) When both parents in a two-parent household are out of 
 13.14  compliance, the first month of noncompliance counts as two 
 13.15  occurrences of noncompliance.  Each subsequent month of 
 13.16  noncompliance, either by one or both parents, counts as one 
 13.17  occurrence of noncompliance. 
 13.18     <b>[EFFECTIVE DATE.]</b> The family violence waiver provisions in 
 13.19  paragraphs (e) and (f) are effective October 1, 2001. 
 13.20     Sec. 16.  Minnesota Statutes 2000, section 256J.46, 
 13.21  subdivision 2a, is amended to read: 
 13.22     Subd. 2a.  [DUAL SANCTIONS.] (a) Notwithstanding the 
 13.23  provisions of subdivisions 1 and 2, for a participant subject to 
 13.24  a sanction for refusal to comply with child support requirements 
 13.25  under subdivision 2 and subject to a concurrent sanction for 
 13.26  refusal to cooperate with other program requirements under 
 13.27  subdivision 1, sanctions shall be imposed in the manner 
 13.28  prescribed in this subdivision. 
 13.29     A participant who has had one or more sanctions imposed 
 13.30  under this subdivision must remain in compliance with the 
 13.31  provisions of this chapter for six months in order for a 
 13.32  subsequent occurrence of noncompliance to be considered a first 
 13.33  occurrence.  Any vendor payment of shelter costs or utilities 
 13.34  under this subdivision must remain in effect for six months 
 13.35  after the month in which the participant is no longer subject to 
 13.36  sanction under subdivision 1. 
 14.1      (b) If the participant was subject to sanction for: 
 14.2      (i) noncompliance under subdivision 1 before being subject 
 14.3   to sanction for noncooperation under subdivision 2; or 
 14.4      (ii) noncooperation under subdivision 2 before being 
 14.5   subject to sanction for noncompliance under subdivision 1; 
 14.6   the participant shall be sanctioned as provided in subdivision 
 14.7   1, paragraph (b), clause (2), and the requirement that the 
 14.8   county conduct a review as specified in subdivision 1, paragraph 
 14.9   (c), remains in effect. 
 14.10     (c) A participant who first becomes subject to sanction 
 14.11  under both subdivisions 1 and 2 in the same month is subject to 
 14.12  sanction as follows: 
 14.13     (i) in the first month of noncompliance and noncooperation, 
 14.14  the participant's grant must be reduced by 25 percent of the 
 14.15  applicable MFIP standard of need, with any residual amount paid 
 14.16  to the participant; 
 14.17     (ii) in the second and subsequent months of noncompliance 
 14.18  and noncooperation, the participant shall be sanctioned as 
 14.19  provided in subdivision 1, paragraph (b) (d), clause clauses (2) 
 14.20  and (3). 
 14.21     The requirement that the county conduct a review as 
 14.22  specified in subdivision 1, paragraph (c), remains in effect. 
 14.23     (d) A participant remains subject to sanction under 
 14.24  subdivision 2 if the participant: 
 14.25     (i) returns to compliance and is no longer subject to 
 14.26  sanction under subdivision 1; or 
 14.27     (ii) has the sanction under subdivision 1, paragraph (b), 
 14.28  removed upon completion of the review under subdivision 1, 
 14.29  paragraph (c). 
 14.30     A participant remains subject to sanction under subdivision 
 14.31  1, paragraph (b), if the participant cooperates and is no longer 
 14.32  subject to sanction under subdivision 2. 
 14.33     Sec. 17.  Minnesota Statutes 2000, section 256J.46, is 
 14.34  amended by adding a subdivision to read: 
 14.35     Subd. 3.  [VENDORING PHASE-OUT.] Any vendor payment imposed 
 14.36  for noncompliance with program requirements that is in effect on 
 15.1   the effective date of this section shall be continued until the 
 15.2   participant cures the sanction or the sanction is increased to 
 15.3   50 percent. 
 15.4      Sec. 18.  Minnesota Statutes 2000, section 256J.48, 
 15.5   subdivision 2, is amended to read: 
 15.6      Subd. 2.  [ELIGIBILITY.] (a) Notwithstanding other 
 15.7   eligibility provisions of this chapter, any family without 
 15.8   resources immediately available to meet emergency needs 
 15.9   identified in subdivision 3, except a family that under section 
 15.10  256J.42 is no longer eligible for MFIP, shall be eligible for an 
 15.11  emergency grant under the following conditions: 
 15.12     (1) a family member has resided in this state for at least 
 15.13  30 days; 
 15.14     (2) the family is without resources immediately available 
 15.15  to meet emergency needs; 
 15.16     (3) assistance is necessary to avoid destitution or provide 
 15.17  emergency shelter arrangements; 
 15.18     (4) the family's destitution or need for shelter or 
 15.19  utilities did not arise because the assistance unit is under 
 15.20  sanction, the caregiver is disqualified, or the child or 
 15.21  relative caregiver refused without good cause under section 
 15.22  256J.57 to accept employment or training for employment in this 
 15.23  state or another state; and 
 15.24     (5) at least one child or pregnant woman in the emergency 
 15.25  assistance unit meets MFIP citizenship requirements in section 
 15.26  256J.11. 
 15.27     (b) A family that under section 256J.42 is no longer 
 15.28  eligible for MFIP, that is without resources immediately 
 15.29  available to meet emergency needs identified in subdivision 3, 
 15.30  shall be eligible for an emergency grant if the family's 
 15.31  emergency did not arise because the caregiver refused without 
 15.32  good cause under section 256J.57 to accept employment in this 
 15.33  state or another state and the family meets the conditions in 
 15.34  paragraph (a), clauses (1), (2), (3), and (5). 
 15.35     Sec. 19.  Minnesota Statutes 2000, section 256J.50, 
 15.36  subdivision 1, is amended to read: 
 16.1      Subdivision 1.  [EMPLOYMENT AND TRAINING SERVICES COMPONENT 
 16.2   OF MFIP.] (a) By January 1, 1998, each county must develop and 
 16.3   implement an employment and training services component of MFIP 
 16.4   which is designed to put participants on the most direct path to 
 16.5   unsubsidized employment.  Participation in these services is 
 16.6   mandatory for all MFIP caregivers, unless the caregiver is 
 16.7   exempt under section 256J.56. 
 16.8      (b) A county must provide employment and training services 
 16.9   under sections 256J.515 to 256J.74 within 30 days after the 
 16.10  caregiver's participation becomes mandatory under subdivision 
 16.11  5 or within 30 days of receipt of a request for services from a 
 16.12  caregiver who under section 256J.42 is no longer eligible to 
 16.13  receive MFIP but whose income is below 120 percent of the 
 16.14  federal poverty guidelines for a family of the same size.  The 
 16.15  request must be made within 12 months of the date the 
 16.16  caregivers' MFIP case was closed. 
 16.17     Sec. 20.  Minnesota Statutes 2000, section 256J.50, 
 16.18  subdivision 7, is amended to read: 
 16.19     Subd. 7.  [LOCAL SERVICE UNIT PLAN.] (a) Each local or 
 16.20  county service unit shall prepare and submit a plan as specified 
 16.21  in section 268.88. 
 16.22     (b) The plan must include a description of how projects 
 16.23  funded under the local intervention grants for self-sufficiency 
 16.24  in section 256J.625, subdivisions 2 and 3, operate in the local 
 16.25  service unit, including: 
 16.26     (1) the target populations of hard-to-employ participants 
 16.27  and, working participants in need of job retention and wage 
 16.28  advancement services, and caregivers who, within the last 12 
 16.29  months, have been determined under section 256J.42 to no longer 
 16.30  be eligible to receive MFIP and whose income is below 120 
 16.31  percent of the federal poverty guidelines for a family of the 
 16.32  same size, with a description of how individual participant 
 16.33  needs will be met; 
 16.34     (2) services that will be provided which may include paid 
 16.35  work experience, enhanced mental health services, outreach to 
 16.36  sanctioned families and to caregivers who, within the last 12 
 17.1   months, have been determined under section 256J.42 to no longer 
 17.2   be eligible to receive MFIP but whose income is below 120 
 17.3   percent of the federal poverty guidelines for a family of the 
 17.4   same size, child care for social services, child care transition 
 17.5   year set-aside, homeless and housing advocacy, and 
 17.6   transportation; 
 17.7      (3) projected expenditures by activity; 
 17.8      (4) anticipated program outcomes including the anticipated 
 17.9   impact the intervention efforts will have on performance 
 17.10  measures under section 256J.751 and on reducing the number of 
 17.11  MFIP participants expected to reach their 60-month time limit; 
 17.12  and 
 17.13     (5) a description of services that are provided or will be 
 17.14  provided to MFIP participants affected by chemical dependency, 
 17.15  mental health issues, learning disabilities, or family violence. 
 17.16     Each plan must demonstrate how the county or tribe is 
 17.17  working within its organization and with other organizations in 
 17.18  the community to serve hard-to-employ populations, including how 
 17.19  organizations in the community were engaged in planning for use 
 17.20  of these funds, services other entities will provide under the 
 17.21  plan, and whether multicounty or regional strategies are being 
 17.22  implemented as part of this plan. 
 17.23     (c) Activities and expenditures in the plan must enhance or 
 17.24  supplement MFIP activities without supplanting existing 
 17.25  activities and expenditures.  However, this paragraph does not 
 17.26  require a county to maintain either:  
 17.27     (1) its current provision of child care assistance to MFIP 
 17.28  families through the expenditure of county resources under 
 17.29  chapter 256E for social services child care assistance if funds 
 17.30  are appropriated by another law for an MFIP social services 
 17.31  child care pool; 
 17.32     (2) its current provision of transition-year child care 
 17.33  assistance through the expenditure of county resources if funds 
 17.34  are appropriated by another law for this purpose; or 
 17.35     (3) its current provision of intensive ESL programs through 
 17.36  the expenditure of county resources if funds are appropriated by 
 18.1   another law for intensive ESL grants. 
 18.2      (d) The plan required under this subdivision must be 
 18.3   approved before the local or county service unit is eligible to 
 18.4   receive funds under section 256J.625, subdivisions 2 and 3. 
 18.5      Sec. 21.  Minnesota Statutes 2000, section 256J.52, 
 18.6   subdivision 2, is amended to read: 
 18.7      Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
 18.8   with the cooperation of the participant, assess the 
 18.9   participant's ability to obtain and retain employment.  This 
 18.10  initial assessment must include a review of the participant's 
 18.11  education level, prior employment or work experience, 
 18.12  transferable work skills, and existing job markets. 
 18.13     (b) In assessing the participant, the job counselor must 
 18.14  determine if the participant needs refresher courses for 
 18.15  professional certification or licensure, in which case, the job 
 18.16  search plan under subdivision 3 must include the courses 
 18.17  necessary to obtain the certification or licensure, in addition 
 18.18  to other work activities, provided the combination of the 
 18.19  courses and other work activities are at least for 40 hours per 
 18.20  week.  
 18.21     (c) If a participant can demonstrate to the satisfaction of 
 18.22  the county agency that lack of proficiency in English is a 
 18.23  barrier to obtaining suitable employment, the job counselor must 
 18.24  include participation in an intensive English as a second 
 18.25  language program if available or otherwise a regular English as 
 18.26  a second language program in the individual's employment plan 
 18.27  under subdivision 5.  Lack of proficiency in English is not 
 18.28  necessarily a barrier to employment.  
 18.29     (d) The job counselor may approve an education or training 
 18.30  plan, and postpone the job search requirement, if the 
 18.31  participant has a proposal for an education program which: 
 18.32     (1) can be completed within 12 24 months; and 
 18.33     (2) meets the criteria of section 256J.53, subdivisions 1, 
 18.34  2, 3, and 5; and 4. 
 18.35     (3) is likely, without additional training, to lead to 
 18.36  monthly employment earnings which, after subtraction of the 
 19.1   earnings disregard under section 256J.21, equal or exceed the 
 19.2   family wage level for the participant's assistance unit. 
 19.3      (e) A participant who, at the time of the initial 
 19.4   assessment, presents a plan that includes farming as a 
 19.5   self-employed work activity must have an employment plan 
 19.6   developed under subdivision 5 that includes the farming as an 
 19.7   approved work activity. 
 19.8      Sec. 22.  Minnesota Statutes 2000, section 256J.53, 
 19.9   subdivision 1, is amended to read: 
 19.10     Subdivision 1.  [LENGTH OF PROGRAM.] In order for a 
 19.11  post-secondary education or training program to be approved work 
 19.12  activity as defined in section 256J.49, subdivision 13, clause 
 19.13  (18), it must be a program lasting 12 24 months or less, and the 
 19.14  participant must meet the requirements of subdivisions 2 and, 3, 
 19.15  and 4.  A program lasting up to 24 months may be approved on an 
 19.16  exception basis if the conditions specified in subdivisions 2 to 
 19.17  4 are met.  A participant may not be approved for more than a 
 19.18  total of 24 months of post-secondary education or training. 
 19.19     Sec. 23.  Minnesota Statutes 2000, section 256J.62, 
 19.20  subdivision 9, is amended to read: 
 19.21     Subd. 9.  [CONTINUATION OF CERTAIN SERVICES.] At the 
 19.22  request of the caregiver participant, the county may continue to 
 19.23  provide case management, counseling, or other support services 
 19.24  to a participant following the participant's achievement of: 
 19.25     (a) who has achieved the employment goal,; or 
 19.26     (b) who under section 256J.42 is no longer eligible to 
 19.27  receive MFIP. 
 19.28     These services may be provided for up to 12 months 
 19.29  following termination of the participant's eligibility for 
 19.30  MFIP as long as the participant's household income is below 200 
 19.31  percent of the federal poverty guidelines. 
 19.32     A county may expend funds for a specific employment and 
 19.33  training service for the duration of that service to a 
 19.34  participant if the funds are obligated or expended prior to the 
 19.35  participant losing MFIP eligibility. 
 19.36     Sec. 24.  Minnesota Statutes 2000, section 256J.625, 
 20.1   subdivision 1, is amended to read: 
 20.2      Subdivision 1.  [ESTABLISHMENT; GUARANTEED MINIMUM 
 20.3   ALLOCATION.] (a) The commissioner shall make grants under this 
 20.4   subdivision to assist county and tribal TANF programs to more 
 20.5   effectively serve hard-to-employ MFIP participants and 
 20.6   caregivers who, within the last 12 months, have been determined 
 20.7   under section 256J.42 to no longer be eligible to receive MFIP 
 20.8   but whose income is below 120 percent of the federal poverty 
 20.9   guidelines for a family of the same size.  Funds appropriated 
 20.10  for local intervention grants for self-sufficiency must be 
 20.11  allocated first in amounts equal to the guaranteed minimum in 
 20.12  paragraph (b), and second according to the provisions of 
 20.13  subdivision 2.  Any remaining funds must be allocated according 
 20.14  to the formula in subdivision 3.  Counties or tribes must have 
 20.15  an approved local service unit plan under section 256J.50, 
 20.16  subdivision 7, paragraph (b), in order to receive and expend 
 20.17  funds under subdivisions 2 and 3.  
 20.18     (b) Each county or tribal program shall receive a 
 20.19  guaranteed minimum annual allocation of $25,000. 
 20.20     Sec. 25.  Minnesota Statutes 2000, section 256J.625, 
 20.21  subdivision 2, is amended to read: 
 20.22     Subd. 2.  [SET-ASIDE FUNDS.] (a) Of the funds appropriated 
 20.23  for grants under this section, after the allocation in 
 20.24  subdivision 1, paragraph (b), is made, 20 percent of the 
 20.25  remaining funds each year shall be retained by the commissioner 
 20.26  and awarded to counties or tribes whose approved plans 
 20.27  demonstrate additional need based on their identification of 
 20.28  hard-to-employ families and, working participants in need of job 
 20.29  retention and wage advancement services, and caregivers who 
 20.30  under section 256J.42 are no longer eligible to receive MFIP but 
 20.31  whose income is below 120 percent of the federal poverty 
 20.32  guidelines for a family of similar size, strong anticipated 
 20.33  outcomes for families and an effective plan for monitoring 
 20.34  performance, or, use of a multicounty, multi-entity or regional 
 20.35  approach to serve hard-to-employ families and, working 
 20.36  participants in need of job retention and wage advancement 
 21.1   services, and caregivers who, within the last 12 months, have 
 21.2   been determined under section 256J.42 to no longer be eligible 
 21.3   to receive MFIP but whose income is below 120 percent of the 
 21.4   federal poverty guidelines for a family of the same size, who 
 21.5   are identified as a target population to be served in the plan 
 21.6   submitted under section 256J.50, subdivision 7, paragraph (b).  
 21.7   In distributing funds under this paragraph, the commissioner 
 21.8   must achieve a geographic balance.  The commissioner may award 
 21.9   funds under this paragraph to other public, private, or 
 21.10  nonprofit entities to deliver services in a county or region 
 21.11  where the entity or entities submit a plan that demonstrates a 
 21.12  strong capability to fulfill the terms of the plan and where the 
 21.13  plan shows an innovative or multi-entity approach. 
 21.14     (b) For fiscal year 2001 only, of the funds available under 
 21.15  this subdivision the commissioner must allocate funding in the 
 21.16  amounts specified in article 1, section 2, subdivision 7, for an 
 21.17  intensive intervention transitional employment training project 
 21.18  and for nontraditional career assistance and training programs.  
 21.19  These allocations must occur before any set-aside funds are 
 21.20  allocated under paragraph (a). 
 21.21     Sec. 26.  Minnesota Statutes 2000, section 256J.625, 
 21.22  subdivision 4, is amended to read: 
 21.23     Subd. 4.  [USE OF FUNDS.] (a) A county or tribal program 
 21.24  may use funds allocated under this subdivision to provide 
 21.25  services to MFIP participants who are hard-to-employ and their 
 21.26  families.  Services provided must be intended to reduce the 
 21.27  number of MFIP participants who are expected to reach the 
 21.28  60-month time limit under section 256J.42.  Counties, tribes, 
 21.29  and other entities receiving funds under subdivision 2 or 3 must 
 21.30  submit semiannual progress reports to the commissioner which 
 21.31  detail program outcomes. 
 21.32     (b) Funds allocated under this section may not be used to 
 21.33  provide benefits that are defined as "assistance" in Code of 
 21.34  Federal Regulations, title 45, section 260.31, to an assistance 
 21.35  unit that is only receiving the food portion of MFIP benefits or 
 21.36  under section 256J.42 is no longer eligible to receive MFIP. 
 22.1      (c) A county may use funds allocated under this section for 
 22.2   that part of the match for federal access to jobs transportation 
 22.3   funds that is TANF-eligible.  A county may also use funds 
 22.4   allocated under this section to enhance transportation choices 
 22.5   for eligible recipients up to 150 percent of the federal poverty 
 22.6   guidelines. 
 22.7      Sec. 27.  [REPEALER.] 
 22.8      Minnesota Statutes 2000, sections 256J.46, subdivision 1a; 
 22.9   and 256J.53, subdivision 4, are repealed.