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;
(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. 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
Official Publication of the State of Minnesota
Revisor of Statutes