Minnesota Legislature
HF 3462
as introduced - 89th Legislature (2015 - 2016) Posted on 03/21/2016 01:59pm
Current Version - as introduced
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A bill for an act
relating to human services; modifying food stamp employment and training;
amending Minnesota Statutes 2014, section 256D.051.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 256D.051, is amended to read:
256D.051 FOOD STAMP EMPLOYMENT AND TRAINING deleted text begin PROGRAMdeleted text end .
Subdivision 1.
Food stamp employment and training deleted text begin programdeleted text end .
The
commissioner shall implement a food stamp employment and training program in order to
meet the food stamp employment and training participation requirements of the United
States Department of Agriculture. deleted text begin Unless exempt under subdivision 3a, each adult
recipient in the unit must participate in the food stamp employment and training program
each month that the person is eligible for food stamps. The person's participation in
food stamp employment and training services must begin no later than the first day of
the calendar month following the determination of eligibility for food stamps. With the
county agency's consent, anddeleted text end To the extent of available resources, deleted text begin the persondeleted text end new text begin a recipient
new text end may deleted text begin voluntarily continuedeleted text end new text begin volunteer new text end to participate in food stamp employment and training
services deleted text begin for up to three additional consecutive months immediately following termination
of food stamp benefits in order to complete the provisions of the person's employability
development plandeleted text end .new text begin A recipient who volunteers for employment and training services is
subject to work requirements in Code of Federal Regulations, title 7, section 273.7.
new text end
Subd. 1a.
Notices deleted text begin and sanctionsdeleted text end .
(a) At the time the county agency notifies the
household that it is eligible for food stamps, the county agency mustnew text begin : (1)new text end inform all
deleted text begin mandatory employment and training services participants as identified in subdivision 1
in the household that they must comply with all food stamp employment and training
program requirements each month, including the requirement to attend an initial
orientation to the food stamp employment and training program and that food stamp
eligibility will end unless the participants comply with the requirements specified in the
noticedeleted text end new text begin adults of the opportunity to volunteer for and participate in SNAP employment
and training activities; (2) provide plain language material that explains the benefits of
voluntary participation; and (3) provide the name and address of the county's designated
employment and training service providernew text end .
(b) deleted text begin A participant who fails without good cause to comply with food stamp
employment and training program requirements of this section, including attendance
at orientation, will lose food stamp eligibility for the following periods:deleted text end new text begin The county
must inform all recipients who are able-bodied adults without dependents that SNAP
benefits are time limited to three months in a 36-month period from the first full month
of application unless the recipient meets the work requirements in Code of Federal
Regulations, title 7, section 273.7.
new text end
deleted text begin
(1) for the first occurrence, for one month or until the person complies with the
requirements not previously complied with, whichever is longer;
deleted text end
deleted text begin
(2) for the second occurrence, for three months or until the person complies with the
requirements not previously complied with, whichever is longer; or
deleted text end
deleted text begin
(3) for the third and any subsequent occurrence, for six months or until the person
complies with the requirements not previously complied with, whichever is longer.
deleted text end
deleted text begin
If the participant is not the food stamp head of household, the person shall be
considered an ineligible household member for food stamp purposes. If the participant is
the food stamp head of household, the entire household is ineligible for food stamps as
provided in Code of Federal Regulations, title 7, section 273.7(g). "Good cause" means
circumstances beyond the control of the participant, such as illness or injury, illness or
injury of another household member requiring the participant's presence, a household
emergency, or the inability to obtain child care for children between the ages of six and
12 or to obtain transportation needed in order for the participant to meet the food stamp
employment and training program participation requirements.
deleted text end
deleted text begin
(c) The county agency shall mail or hand deliver a notice to the participant not later
than five days after determining that the participant has failed without good cause to
comply with food stamp employment and training program requirements which specifies
the requirements that were not complied with, the factual basis for the determination of
noncompliance, and the right to reinstate eligibility upon a showing of good cause for
failure to meet the requirements. The notice must ask the reason for the noncompliance
and identify the participant's appeal rights. The notice must request that the participant
inform the county agency if the participant believes that good cause existed for the failure
to comply and must state that the county agency intends to terminate eligibility for food
stamp benefits due to failure to comply with food stamp employment and training program
requirements.
deleted text end
deleted text begin
(d) If the county agency determines that the participant did not comply during the
month with all food stamp employment and training program requirements that were in
effect, and if the county agency determines that good cause was not present, the county
must provide a ten-day notice of termination of food stamp benefits. The amount of
food stamps that are withheld from the household and determination of the impact of
the sanction on other household members is governed by Code of Federal Regulations,
title 7, section 273.7.
deleted text end
deleted text begin
(e) The participant may appeal the termination of food stamp benefits under the
provisions of section 256.045.
deleted text end
Subd. 2.
County agency duties.
(a) The county agency shall provide to food stamp
recipients a food stamp employment and training program. The program must include:
(1) orientation to the food stamp employment and training program;
(2) an individualized employability assessment and an individualized employability
development plan that includes assessment of literacy, ability to communicate in the
English language, educational and employment history, and that estimates the length of
time it will take the participant to obtain employment. The employability assessment and
development plan must be completed in consultation with the participant, must assess the
participant's assets, barriers, and strengths, and must identify steps necessary to overcome
barriers to employment. A copy of the employability development plan must be provided
to the registrant;
(3) referral to available accredited remedial or skills training new text begin or career pathway
new text end programs designed to address participant's barriers to employment;
(4) referral to available programs that provide subsidized or unsubsidized
employment as necessary;
(5) a job search program, including job seeking skills training; and
(6) other activities, to the extent of available resources designed by the county
agency to prepare the participant for permanent employment.
deleted text begin
In order to allow time for job search, the county agency may not require an individual
to participate in the food stamp employment and training program for more than 32 hours
a week. The county agency shall require an individual to spend at least eight hours a week
in job search or other food stamp employment and training program activities.
deleted text end
(b) The county agency shall prepare an annual plan for the operation of its food
stamp employment and training program. The plan must be submitted to and approved by
the commissioner of employment and economic development. The plan must include:
(1) a description of the services to be offered by the county agency;
(2) a plan to coordinate the activities of all public new text begin and private nonprofit new text end entities
providing employment-related services in order to avoid duplication of effort and to
provide new text begin a wide range of allowable activities and new text end services more efficiently;
(3) a description of the factors that will be taken into account when determining a
client's employability development plan; and
(4) provisions to ensure that the county agency's employment and training service
deleted text begin provider providesdeleted text end new text begin providers providenew text end each recipient with an orientation, employability
assessment, and employability development plan as specified in paragraph (a), clauses (1)
and (2), within 30 days of the recipient's deleted text begin eligibility for assistancedeleted text end new text begin request to participate in
employment and trainingnew text end .
Subd. 2a.
Duties of commissioner.
In addition to any other duties imposed by law,
the commissioner shall:
(1) based on this section and section 256D.052 and Code of Federal Regulations,
title 7, section 273.7, supervise the administration of food stamp employment and training
services to county agencies;
(2) disburse money appropriated for food stamp employment and training services
to county agencies based upon the county's costs as specified in section 256D.051,
subdivision 6c;
(3) accept and supervise the disbursement of any funds that may be provided by the
federal government or from other sources for use in this state for deleted text begin food stampdeleted text end employment
and training services;
(4) cooperate with other agencies including any agency of the United States or of
another state in all matters concerning the powers and duties of the commissioner under
this section and section 256D.052; and
(5) in cooperation with the commissioner of employment and economic
development, ensure that each component of an employment and training program carried
out under this section is delivered through a statewide workforce development system,
unless the component is not available locally through such a system.
Subd. 3.
Participant duties.
In order to receive food stamp deleted text begin assistancedeleted text end new text begin employment
and training servicesnew text end , a deleted text begin registrantdeleted text end new text begin participant who volunteers new text end shall: (1) cooperate with
the county agency in all aspects of the food stamp employment and training program;
new text begin and new text end (2) deleted text begin accept any suitable employment, including employment offered through the Job
Training Partnership Act, and other employment and training options; and (3)deleted text end participate
in food stamp employment and training activities assigned by the county agency. The
county agency may terminate new text begin employment and training new text end assistance to a deleted text begin registrantdeleted text end new text begin voluntary
participant new text end who fails to cooperate in the food stamp employment and training programdeleted text begin , as
provided in subdivision 1adeleted text end new text begin unless good cause is providednew text end .
Subd. 3a.
Requirement to register work.
deleted text begin (a)deleted text end To the extent required under Code
of Federal Regulations, title 7, section 273.7(a), each applicant for and recipient of
food stamps is required to register for work as a condition of eligibility for food stamp
benefits. Applicants and recipients are registered by signing an application or annual
reapplication for food stamps, and must be informed that they are registering for work
by signing the form.
deleted text begin
(b) The commissioner shall determine, within federal requirements, persons required
to participate in the food stamp employment and training (FSET) program.
deleted text end
deleted text begin
(c) The following food stamp recipients are exempt from mandatory participation in
food stamp employment and training services:
deleted text end
deleted text begin
(1) recipients of benefits under the Minnesota family investment program, Minnesota
supplemental aid program, or the general assistance program;
deleted text end
deleted text begin
(2) a child;
deleted text end
deleted text begin
(3) a recipient over age 55;
deleted text end
deleted text begin
(4) a recipient who has a mental or physical illness, injury, or incapacity which is
expected to continue for at least 30 days and which impairs the recipient's ability to obtain
or retain employment as evidenced by professional certification or the receipt of temporary
or permanent disability benefits issued by a private or government source;
deleted text end
deleted text begin
(5) a parent or other household member responsible for the care of either a
dependent child in the household who is under age six or a person in the household who is
professionally certified as having a physical or mental illness, injury, or incapacity. Only
one parent or other household member may claim exemption under this provision;
deleted text end
deleted text begin
(6) a recipient receiving unemployment insurance or who has applied for
unemployment insurance and has been required to register for work with the Department
of Employment and Economic Development as part of the unemployment insurance
application process;
deleted text end
deleted text begin
(7) a recipient participating each week in a drug addiction or alcohol abuse treatment
and rehabilitation program, provided the operators of the treatment and rehabilitation
program, in consultation with the county agency, recommend that the recipient not
participate in the food stamp employment and training program;
deleted text end
deleted text begin
(8) a recipient employed or self-employed for 30 or more hours per week at
employment paying at least minimum wage, or who earns wages from employment equal
to or exceeding 30 hours multiplied by the federal minimum wage; or
deleted text end
deleted text begin
(9) a student enrolled at least half time in any school, training program, or institution
of higher education. When determining if a student meets this criteria, the school's,
program's or institution's criteria for being enrolled half time shall be used.
deleted text end
Subd. 3b.
Orientation.
The county agency or its employment and training service
deleted text begin providerdeleted text end new text begin providers new text end must provide an orientation to food stamp employment and training
services to each deleted text begin nonexempt food stamp recipient within 30 days of the date that food
stamp eligibility is determineddeleted text end new text begin recipient within 30 days of the date that they agree to
volunteernew text end . The orientation must inform the participant of the deleted text begin requirement to participate
deleted text end new text begin benefits of participating new text end in services, the date, time, and address to report to for services,
the name and telephone number of the food stamp employment and training service
provider, the consequences for failure without good cause to comply, the services and
support services available through food stamp employment and training services and other
providers of similar services, and must encourage the participant to view the food stamp
program as a temporary means of supplementing the family's food needs until the family
achieves self-sufficiency through employment. The orientation may be provided through
audio-visual methods, but the participant must have the opportunity for face-to-face
interaction with county agency staff.
Subd. 6b.
Federal reimbursement.
Federal financial participation from the United
States Department of Agriculture for food stamp employment and training expenditures
that are eligible for reimbursement through the food stamp employment and training
program are dedicated funds and are annually appropriated to the commissioner of human
services for the operation of the food stamp employment and training program. Federal
financial participation for the nonstate portion of food stamp employment and training
costs must be paid to the county agency that incurred the costs.
Subd. 6c.
Program funding.
Within the limits of available resources, the
commissioner shall reimburse the actual costs of county agencies and their employment
and training service providers for the provision of food stamp employment and training
services, including participant support services, direct program services, and program
administrative activities. The cost of services for each county's food stamp employment and
training program shall not exceed the annual allocated amount. No more than 15 percent of
program funds may be used for administrative activities. The county agency may expend
county funds in excess of the limits of this subdivision without state reimbursement.
Program funds shall be allocated based on the county's average number of food
stamp cases as compared to the statewide total number of such cases. The average number
of cases shall be based on counts of cases as of March 31, June 30, September 30, and
December 31 of the previous calendar year. The commissioner may reallocate unexpended
money appropriated under this section to those county agencies that demonstrate a need
for additional funds.
Subd. 7.
Registrant status.
A registrant under this section is not an employee for
the purposes of workers' compensation, unemployment benefits, retirement, or civil service
laws, and shall not perform work ordinarily performed by a regular public employee.
Subd. 8.
Voluntary quit.
A person who is required to participate in food stamp
employment and training services is not eligible for food stamps if, without good cause,
the person refuses a legitimate offer of, or quits, suitable employment within 60 days
before the date of application. A person who is required to participate in food stamp
employment and training services and, without good cause, voluntarily quits suitable
employment or refuses a legitimate offer of suitable employment while receiving food
stamps shall be terminated from the food stamp program as specified in subdivision 1a.
Subd. 9.
Subcontractors.
A county agency may, at its option, subcontract any or all
of the duties under this section to a public or private entity approved by the commissioner
of employment and economic development.
Subd. 18.
deleted text begin Work experiencedeleted text end new text begin Workfare new text end placements.
(a) To the extent of available
resources, each county agency must establish and operate a deleted text begin work experiencedeleted text end new text begin workfare
new text end component in the food stamp employment and training program for recipients who are
subject to a federal limit of three months of food stamp eligibility in any 36-month period.
The purpose of the deleted text begin work experiencedeleted text end new text begin workfare new text end component is to enhance the participant's
employability, self-sufficiency, and to provide meaningful, productive work activities.
(b) The commissioner shall assist counties in the design and implementation of these
components. The commissioner must ensure that job placements under a deleted text begin work experience
deleted text end new text begin workfare new text end component comply with section 256J.72. Written or oral concurrence with job
duties of persons placed under the deleted text begin community work experiencedeleted text end new text begin workfare new text end program shall be
obtained from the appropriate exclusive bargaining representative.
(c) Worksites developed under this section are limited to projects that serve a useful
public service such as health, social service, environmental protection, education, urban
and rural development and redevelopment, welfare, recreation, public facilities, public
safety, community service, services to aged or disabled citizens, and child care. To the
extent possible, the prior training, skills, and experience of a recipient must be used in
making appropriate deleted text begin work experiencedeleted text end new text begin workfare new text end assignments.
(d) Structured, supervised deleted text begin volunteerdeleted text end new text begin uncompensated new text end work with an agency or
organization that is monitored by the county service provider may, with the approval of
the county agency, be used as a deleted text begin work experiencedeleted text end new text begin workfarenew text end placement.
(e) As a condition of placing a person receiving food stamps in a program under this
subdivision, the county agency shall first provide the recipient the opportunity:
(1) for placement in suitable subsidized or unsubsidized employment through
participation in job search under section 256D.051; deleted text begin or
deleted text end
(2) for placement in suitable employment through participation in deleted text begin on-the-job trainingdeleted text end
new text begin a paid work experiencenew text end , if such employment is availabledeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) for placement in an educational program designed to increase job skills and
employability.
new text end
(f) The county agency shall limit the maximum monthly number of hours that any
participant may work in a deleted text begin work experiencedeleted text end new text begin workfare new text end placement to a number equal to the
amount of the family's monthly food stamp allotment divided by the greater of the federal
minimum wage or the applicable state minimum wage.
After a participant has been assigned to a position for deleted text begin ninedeleted text end new text begin six new text end months, the participant
may not continue in that assignment unless the maximum number of hours a participant
works is no greater than the amount of the food stamp benefit divided by the rate of pay
for individuals employed in the same or similar occupations by the same employer at
the same site.
(g) The participant's employability development plan must include the length
of time needed in the deleted text begin work experiencedeleted text end new text begin workfarenew text end program, the need to continue job
seeking activities while participating in deleted text begin work experiencedeleted text end new text begin the workfare programnew text end , and the
participant's employment goals.
(h) After each six months of a recipient's participation in a deleted text begin work experience jobdeleted text end new text begin
workfarenew text end placement, and at the conclusion of each deleted text begin work experiencedeleted text end new text begin workfarenew text end assignment
under this section, the county agency shall reassess and revise, as appropriate, the
participant's employability development plan.
(i) A participant has good cause for failure to cooperate with a deleted text begin work experience jobdeleted text end new text begin
workfarenew text end placement if, in the judgment of the employment and training service provider,
the reason for failure is reasonable and justified. deleted text begin Good cause for purposes of this section is
defined in subdivision 1a, paragraph (b).
deleted text end
(j) A recipient who has failed without good cause to participate in or comply with deleted text begin the
deleted text end deleted text begin work experience jobdeleted text end new text begin a workfarenew text end placement shall be terminated from participation in deleted text begin work
experience jobdeleted text end new text begin workfarenew text end activities. deleted text begin If the recipient is not exempt from mandatory food
stamp employment and training program participation under subdivision 3a, the recipient
will be assigned to other mandatory program activities. If the recipient is exempt from
mandatory participation but is participating as a volunteer, the person shall be terminated
from the food stamp employment and training program.
deleted text end