1997 Minnesota Statutes

     256E.06 Distribution of state aids. 

    Subdivision 1.    Formula.  The commissioner of human 
 services shall distribute community social service aids to each 
 county board in an amount determined according to the following 
 formula: 

    In calendar year 1982 and thereafter: 

    (a) One-third shall be distributed on the basis of the 
 average unduplicated number of persons who receive AFDC, 
 Minnesota family investment program-statewide, general 
 assistance, and medical assistance per month in the calendar 
 year two years prior to the year for which funds are being 
 distributed as reported in the average monthly caseload reports 
 required under sections 256.01, 256B.04 and 256D.04, and 
 certified by the commissioner of human services; and 

    (b) One-third shall be distributed on the basis of the 
 number of persons residing in the county as determined by the 
 most recent data of the state demographer; 

    (c) One-third shall be distributed on the basis of the 
 number of persons residing in the county who are 65 years old or 
 older as determined by the most recent data of the state 
 demographer. 

    Subd. 2.    Formula limitation.  The amounts computed 
 pursuant to subdivision 1 shall be subject to the following 
 limitations: 

    (a) No county shall be allocated more than 130 percent of 
 the amount received prior to any penalty imposed under 
 subdivision 7 in the immediately preceding year.  If the amount 
 allocated to any county pursuant to subdivision 1 is greater 
 than this amount, the excess shall be reallocated to all 
 counties in direct proportion to their initial allocations.  

    (b) Each county shall be guaranteed a percentage increase 
 over the previous year's allocation equal to 0.2 percent for 
 each percentage increase in the statewide allocation, up to a 
 maximum guaranteed increase of one percent when the statewide 
 allocation increases by five percent or more.  If the amount 
 allocated to any county pursuant to subdivision 1 is less than 
 this amount, the shortage shall be recovered from all counties 
 in direct proportion to their initial allocations. 

    (c) If the amount to be allocated statewide in any year is 
 less than the amount allocated in the previous year, then the 
 provisions of clause (b) shall not apply, and each county's 
 allocation shall be equal to its previous year's allocation 
 reduced by the same percentage that the statewide allocation was 
 reduced. 

    (d) For the purpose of calculating the 1991 community 
 social services act allocation, the 1990 allocation must be 
 increased by the following amounts:  $46,487 for Crow Wing 
 county, $21,995 for Fillmore county, $5,368 for Hubbard county, 
 $24,225 for Lac Qui Parle county, and $4,444 for Red Lake county.

    Subd. 2a. Repealed, 1987 c 403 art 5 s 22 

    Subd. 2b.    County social service grants for former GRH 
 recipients.  (a) Notwithstanding subdivisions 1 and 2, and 
 notwithstanding the provision in Laws 1995, chapter 207, article 
 1, section 2, subdivision 3, that authorized the commissioner to 
 transfer funds from the group residential housing account to 
 community social services aids to counties, beginning July 1, 
 1995, money used to provide continuous funding for assistance to 
 persons who are no longer eligible for assistance under the 
 group residential housing program under chapter 256I, as 
 specified in paragraph (b), is added to the community social 
 services aid amount for the county in which the group 
 residential housing setting for which the person is no longer 
 eligible is located.  Notwithstanding the provision in Laws 
 1995, chapter 207, article 1, section 2, subdivision 3, that 
 required the increased Community Social Services Act 
 appropriations to be used to proportionately increase each 
 county's aid, this money must not be apportioned to any other 
 county or counties. 

    (b) Former group residential housing recipients for whom 
 money is added to a county's aid amount under paragraph (a) 
 include: 

    (1) persons receiving services in Hennepin county from a 
 provider that on August 1, 1984, was licensed under Minnesota 
 Rules, parts 9525.0520 to 9525.0660, but was funded as a group 
 residence under the general assistance or Minnesota supplemental 
 aid programs; 

    (2) persons residing in a setting with a semi-independent 
 living services license under Minnesota Rules, parts 9525.0900 
 to 9525.1020; and 

    (3) persons residing in family foster care settings who 
 have become ineligible for group residential housing assistance 
 because they receive services through the medical assistance 
 community-based waiver for persons with mental retardation or 
 related conditions under section 256B.0916. 

    Subd. 3.    Payments to counties.  The commissioner of 
 human services shall make payments for community social services 
 to each county in four installments per year.  The commissioner 
 of human services may certify the payments for the first three 
 months of a calendar year based on estimates of the unduplicated 
 number of persons receiving AFDC, Minnesota family investment 
 program-statewide, general assistance and medical assistance for 
 the prior year.  The following three payments shall be adjusted 
 to reflect the actual unduplicated number of persons who 
 received AFDC, Minnesota family investment program-statewide, 
 general assistance and medical assistance as required by 
 subdivision 1.  The commissioner shall ensure that the pertinent 
 payment of the allotment for that quarter is made to each county 
 on the first working day after the end of each quarter of the 
 calendar year, except for the last quarter of the calendar 
 year.  The commissioner shall ensure that each county receives 
 its payment of the allotment for that quarter no later than the 
 last working day of that quarter.  This scheduling of payments 
 does not require compliance with subdivision 10.  

    Subd. 4. Repealed, 1981 c 355 s 34 

    Subd. 5.    Community social service levy.  In each 
 calendar year, for taxes payable the following year, a county 
 board shall levy upon all taxable property in the county a tax 
 for community social services at least equal to the amount 
 determined in subdivisions 1 and 2.  Money for community social 
 services provided to a county by a municipal levy may, for the 
 purposes of this section, be counted as partial fulfillment of 
 the local levy requirement.  All money available to counties 
 pursuant to this section may be used by counties to match 
 federal money.  It is the intention of the legislature that the 
 aid paid to counties under this section be used to provide 
 property tax relief within the county. 

    Subd. 6.    Failure to spend.  A county which has not 
 spent the aids granted under subdivision 1 for community social 
 services within two years of receiving those aids shall receive 
 a reduction in aid calculated pursuant to subdivision 1.  This 
 reduction shall be made in the calendar year which begins no 
 more than 30 months after the underspending has occurred and 
 shall be equal to one-half the amount of aids which were not 
 spent.  

    Subd. 7.    Failure to levy.  A county which levies less 
 than the levy required in subdivision 5, shall receive a 
 reduction in the aid calculated pursuant to subdivisions 1 and 
 2.  The commissioner shall calculate the reduced aid as follows: 

    (a) Divide the amount levied by the amount required to be 
 levied in subdivision 5; and 

    (b) Multiply the ratio derived in clause (a) times the aid 
 calculated under subdivisions 1 and 2.  

    The amount of the reduction in aid shall be returned to the 
 general fund.  The reduction in aid imposed under this 
 subdivision shall be effective for one year, and aid in the 
 following year shall be calculated under subdivisions 1 and 2 as 
 though the reduction had not occurred.  This provision applies 
 to penalties imposed for the year 1989 and all subsequent years. 

    Subd. 8.    Inappropriate expenditures.  Beginning in 
 calendar year 1981, in counties containing a city of the first 
 class, the distribution in aid provided in subdivision 1 shall 
 be reduced by an amount equal to the community social service 
 aids allocated pursuant to subdivision 1 in the immediately 
 preceding year which have been spent for purposes other than 
 community social services.  

    Subd. 9.    Local government aid.  Beginning in 
 calendar year 1981 the distribution of local government aid 
 pursuant to section 477A.012 shall be reduced by an amount equal 
 to the community social service aids allocated pursuant to 
 subdivision 1 in the immediately preceding year which have been 
 spent for purposes other than community social services.  

    Subd. 10.    Appeal.  Prior to certifying any reduction 
 in aids, the commissioner shall notify the county of the 
 intention to certify a reduction.  The commissioner shall notify 
 the county of the right to a hearing.  If the county requests a 
 hearing within 30 days of notification of intention to reduce 
 aids, the commissioner shall not certify any reduction in aids 
 until a hearing is conducted and a decision rendered in 
 accordance with the provisions of chapter 14 for contested cases.

    Subd. 11. Repealed, 1981 c 355 s 34 

    Subd. 12. Repealed, 1994 c 587 art 3 s 21; 1995 c 207 
 art 2 s 39 

    Subd. 13. Repealed, 1995 c 207 art 2 s 39 

    HIST: 1979 c 324 s 6; 1981 c 355 s 7-9; 1Sp1981 c 1 art 6 s 8; 
 1Sp1981 c 4 art 1 s 128; 1982 c 424 s 130; 3Sp1982 c 1 art 2 s 
 5; 1983 c 312 art 1 s 23; art 9 s 9; 1984 c 654 art 5 s 58; 1985 
 c 21 s 59; 1986 c 413 s 2; 1986 c 444; 1990 c 568 art 2 s 63,64; 
 1992 c 511 art 1 s 7; 1993 c 375 art 4 s 2; 1994 c 587 art 3 s 
 4-6; 1997 c 85 art 4 s 16,17; 1997 c 203 art 9 s 14