1997 Minnesota Statutes

     268.90 Community investment programs. 

    Subdivision 1.    Purpose; requirements.  Community 
 investment programs provide temporary employment to people who 
 are experiencing prolonged unemployment and economic hardship.  
 Community investment programs consist of one or more projects.  
 Community investment programs must be beneficial to the state 
 and the communities in which they are located and must provide 
 program participants with training and work experience that will 
 enhance their employability.  The projects must include 
 activities that: 

    (1) expand or improve services, including education, 
 health, social services, recreation, and safety; 

    (2) improve or maintain natural resources, including 
 rivers, streams and lakes, forest lands and roads, and soil 
 conservation; 

    (3) make permanent improvements to lands and buildings; or 

    (4) weatherize public buildings and private residential 
 dwellings. 

    Community investment programs may not include job 
 placements that replace work that was part or all of the duties 
 or responsibilities of an authorized public employee position 
 established as of January 1, 1985. 

    Community investment programs that include other sources of 
 money or authorized programs may provide employment for the 
 groups eligible for the included programs under the terms and 
 conditions of those programs.  These programs include the 
 Minnesota conservation corps, Minnesota summer youth program, 
 county emergency jobs program, and the jobs training partnership 
 act. 

    Subd. 2.    Employment conditions.  (a) An eligible 
 nonprofit or public employer may not terminate, lay off, or 
 reduce the regular working hours of an employee for the purpose 
 of hiring an individual with money available under this 
 program.  An eligible employer may not hire an individual with 
 money available through this program if any other person is on 
 layoff from the same or a substantially equivalent job. 

    (b) Community investment program participants are employees 
 of the project employer within the meaning of workers' 
 compensation laws, personal income tax, and the Federal 
 Insurance Contribution Act, but not retirement or civil service 
 laws. 

    (c) Each project and job must comply with all applicable 
 affirmative action, fair labor, health, safety, and 
 environmental standards. 

    (d) Individuals employed under the community investment 
 program must be paid a wage at the same wage rates as work site 
 or employees doing comparable work in that locality, unless 
 otherwise specified in law. 

    (e) Recipients of aid to families with dependent children 
 or Minnesota family investment program-statewide who are 
 eligible on the basis of an unemployed parent may not have 
 available more than 100 hours a month.  All employees are 
 limited to 32 hours or four days a week, so that they can 
 continue to seek full-time private sector employment, unless 
 otherwise specified in law. 

    (f) The commissioner shall establish, by rule, the terms 
 and conditions governing the participation of appropriate public 
 assistance recipients.  The rules must, at a minimum, establish 
 the procedures by which the minimum and maximum number of work 
 hours and maximum allowable travel distances are determined, the 
 amounts and methods by which work expenses will be paid, and the 
 manner in which support services will be provided.  The rules 
 must also provide for periodic reviews of clients continuing 
 employment in community investment programs. 

    (g) Participation in a community investment program by a 
 recipient of aid to families with dependent children, Minnesota 
 family investment program-statewide, or general assistance is 
 voluntary.  

    Subd. 3.    Commissioner of economic security.  The 
 commissioner shall: 

    (1) make rules governing plan content, criteria for 
 approval, and administrative standards; 

    (2) refer community investment program administrators to 
 the appropriate state agency for technical assistance in 
 developing and administering community investment programs; 

    (3) establish the method by which community investment 
 programs will be approved or disapproved through the community 
 investment program plan and the annual update component of the 
 county plan; 

    (4) review and comment on community investment program 
 plans; 

    (5) institute ongoing methods to monitor and evaluate 
 community investment programs; and 

    (6) consult with the commissioner of human services on the 
 approval of county plans for community investment programs 
 relating to the participation of public assistance recipients. 

    Subd. 4.    County boards of commissioners.  The county 
 boards of commissioners shall: 

    (1) be encouraged to establish community investment 
 programs that are administered jointly according to section 
 471.59, or through multicounty human service boards under 
 chapter 402; 

    (2) develop community investment programs in consultation 
 with the exclusive representatives of their employees; 

    (3) plan community investment programs by involving 
 nonprofit organizations and other governmental units, community 
 action agencies, community-based organizations, local union 
 representatives, and representatives of client groups; 

    (4) submit to the commissioner a community investment 
 program plan identifying the program funding source and amount, 
 before the initiation of a community investment program, for 
 approval according to standards established by the commissioner; 

    (5) plan community investment projects that, whenever 
 possible, utilize existing programs that are administered under 
 contract by nonprofit organizations and governmental units, 
 including departments and agencies of cities, counties, towns, 
 school districts, state and federal agencies, park reserve 
 districts, and other special districts; 

    (6) include in their local service unit plans an annual 
 update to their community investment program plans for approval 
 according to standards established by the commissioner; 

    (7) submit reports and meet administrative standards 
 established by the commissioner; 

    (8) monitor the performance of entities under contract to 
 administer individual community investment projects; 

    (9) enter into contracts with other governmental and 
 private bodies to jointly fund or jointly administer approvable 
 projects when agreements expand the resources available, the 
 scope of people employed, or further recognized public purposes; 
 and 

    (10) be encouraged to enter into contracts with businesses 
 or individuals for eligible projects under subdivision 1 and 
 charge a fee for the completion of a project. 

    Subd. 5.    State financial participation.  The 
 statutorily established state rates of financial participation 
 or available state appropriations or grants are not affected by 
 their incorporation into a community investment program. 

    HIST: 1Sp1985 c 14 art 9 s 71; 1990 c 568 art 4 s 79-81; 1994 
 c 483 s 1; 1997 c 7 art 5 s 35; 1997 c 85 art 4 s 32