1.1                          A bill for an act 
  1.2             relating to human services; changing eligibility for 
  1.3             general assistance; detailing food stamp employment 
  1.4             and training program; establishing start work grants; 
  1.5             establishing work first program; expanding information 
  1.6             released to department of revenue on individuals in 
  1.7             the welfare system; establishing a joint effort to 
  1.8             provide monetary supplements to working families; 
  1.9             detailing assistance to minor parents; specifying 
  1.10            waiver requests; establishing the process for claims 
  1.11            for injury or death of work experience participants; 
  1.12            defining obligation to seek and obtain full-time 
  1.13            employment; appropriating money; amending Minnesota 
  1.14            Statutes 1994, sections 13.46, subdivision 2; 256.031, 
  1.15            subdivision 3; 256.035, subdivision 6d; 256.73, 
  1.16            subdivision 3a, and by adding a subdivision; 256.736, 
  1.17            subdivisions 3a, 4a, 10, 16, and by adding a 
  1.18            subdivision; 256D.05, subdivision 1; 256D.051, 
  1.19            subdivisions 1, 1a, 2, 3, 3a, 3b, 6, 6b, 8, 9, 17, and 
  1.20            by adding a subdivision; 256D.052, subdivision 3; 
  1.21            256D.10; and 268.12, subdivision 12; proposing coding 
  1.22            for new law in Minnesota Statutes, chapter 256; 
  1.23            repealing Minnesota Statutes 1994, sections 256.734; 
  1.24            256D.051, subdivisions 10, 13, 14, and 15; 256D.052, 
  1.25            subdivisions 1, 2, and 4; 256D.091; 256D.101; 
  1.26            256D.111; and 256D.113. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28                             ARTICLE 1 
  1.29     Section 1.  Minnesota Statutes 1994, section 256D.05, 
  1.30  subdivision 1, is amended to read: 
  1.31     Subdivision 1.  [ELIGIBILITY.] (a) Each person or family 
  1.32  whose income and resources are less than the standard of 
  1.33  assistance established by the commissioner and who is a resident 
  1.34  of the state shall be eligible for and entitled to general 
  1.35  assistance if the person or family is: 
  1.36     (1) a person who is suffering from a professionally 
  2.1   certified permanent or temporary illness, injury, or incapacity 
  2.2   which is expected to continue for more than 30 days and which 
  2.3   prevents the person from obtaining or retaining employment; 
  2.4      (2) a person whose presence in the home on a substantially 
  2.5   continuous basis is required because of the professionally 
  2.6   certified illness, injury, incapacity, or the age of another 
  2.7   member of the household; 
  2.8      (3) a person who has been placed in, and is residing in, a 
  2.9   licensed or certified facility for purposes of physical or 
  2.10  mental health or rehabilitation, or in an approved chemical 
  2.11  dependency domiciliary facility, if the placement is based on 
  2.12  illness or incapacity and is pursuant to a plan developed or 
  2.13  approved by the county agency through its director or designated 
  2.14  representative; 
  2.15     (4) a person who resides in a shelter facility described in 
  2.16  subdivision 3; 
  2.17     (5) a person not described in clause (1) or (3) who is 
  2.18  diagnosed by a licensed physician, psychological practitioner, 
  2.19  or other qualified professional, as mentally retarded or 
  2.20  mentally ill, and that condition prevents the person from 
  2.21  obtaining or retaining employment; 
  2.22     (6) a person who has an application pending for, or is 
  2.23  appealing termination of benefits from, the social security 
  2.24  disability program or the program of supplemental security 
  2.25  income for the aged, blind, and disabled, provided the person 
  2.26  has a professionally certified permanent or temporary illness, 
  2.27  injury, or incapacity which is expected to continue for more 
  2.28  than 30 days and which prevents the person from obtaining or 
  2.29  retaining employment; 
  2.30     (7) a person who is unable to obtain or retain employment 
  2.31  because advanced age significantly affects the person's ability 
  2.32  to seek or engage in substantial work; 
  2.33     (8) a person who~~, following participation in the work~~ 
  2.34  ~~readiness program, completion of an individualized employability~~ 
  2.35  ~~assessment by the work readiness service provider, and~~ 
  2.36  ~~consultation between the county agency and the work readiness~~ 
  3.1   ~~service provider, the work readiness service provider determines~~ 
  3.2   ~~is not employable~~ has been assessed by a vocational specialist 
  3.3   and, in consultation with the county agency, has been determined 
  3.4   to be unemployable.  For purposes of this item, a person is 
  3.5   considered employable if ~~the county agency determines that~~ there 
  3.6   ~~exist~~ exists positions of employment in the local labor market, 
  3.7   regardless of the current availability of openings for those 
  3.8   positions, that the person is capable of performing.  The 
  3.9   person's eligibility under this category must be reassessed at 
  3.10  least annually ~~by the county agency and must be based upon the~~ 
  3.11  ~~results of a new individualized employability assessment~~ 
  3.12  ~~completed by the work readiness service provider.  The recipient~~ 
  3.13  ~~shall, if otherwise eligible, continue to receive general~~ 
  3.14  ~~assistance while the annual individualized employability~~ 
  3.15  ~~assessment is completed by the work readiness service provider,~~ 
  3.16  ~~rather than receive work readiness payments under section~~ 
  3.17  ~~256D.051.  Subsequent eligibility for general assistance is~~ 
  3.18  ~~dependent upon the county agency determining, following~~ 
  3.19  ~~consultation with the work readiness service provider, that the~~ 
  3.20  ~~person is not employable, or the person meeting the requirements~~ 
  3.21  ~~of another general assistance category of eligibility;~~.  The 
  3.22  county agency must provide notice to the person no later than 30 
  3.23  days before annual eligibility under this clause ends informing 
  3.24  the person of the date annual eligibility will end and the need 
  3.25  for a vocational assessment if the person wishes to continue 
  3.26  eligibility under this clause.  For purposes of establishing 
  3.27  eligibility under this clause, it is the applicant's or 
  3.28  recipient's duty to obtain any needed vocational assessment; 
  3.29     (9) a person who is determined by the county agency, in 
  3.30  accordance with emergency and permanent rules adopted by the 
  3.31  commissioner, to be learning disabled, provided that if a 
  3.32  rehabilitation plan for the person is developed or approved by 
  3.33  the county agency, the person is following the plan; 
  3.34     (10) a child under the age of 18 who is not living with a 
  3.35  parent, stepparent, or legal custodian, but only if:  the child 
  3.36  is legally emancipated or living with an adult with the consent 
  4.1   of an agency acting as a legal custodian; the child is at least 
  4.2   16 years of age and the general assistance grant is approved by 
  4.3   the director of the county agency or a designated representative 
  4.4   as a component of a social services case plan for the child; or 
  4.5   the child is living with an adult with the consent of the 
  4.6   child's legal custodian and the county agency.  For purposes of 
  4.7   this clause, "legally emancipated" means a person under the age 
  4.8   of 18 years who:  (i) has been married; (ii) is on active duty 
  4.9   in the uniformed services of the United States; (iii) has been 
  4.10  emancipated by a court of competent jurisdiction; or (iv) is 
  4.11  otherwise considered emancipated under Minnesota law, and for 
  4.12  whom county social services has not determined that a social 
  4.13  services case plan is necessary, for reasons other than that the 
  4.14  child has failed or refuses to cooperate with the county agency 
  4.15  in developing the plan; 
  4.16     (11) a woman in the last trimester of pregnancy who does 
  4.17  not qualify for aid to families with dependent children.  A 
  4.18  woman who is in the last trimester of pregnancy who is currently 
  4.19  receiving aid to families with dependent children may be granted 
  4.20  emergency general assistance to meet emergency needs; 
  4.21     (12) a person who is eligible for displaced homemaker 
  4.22  services, programs, or assistance under section 268.96, but only 
  4.23  if that person is enrolled as a full-time student; 
  4.24     (13) a person who lives more than two hours round-trip 
  4.25  traveling time from any potential suitable employment; 
  4.26     (14) a person who is involved with protective or 
  4.27  court-ordered services that prevent the applicant or recipient 
  4.28  from working at least four hours per day; 
  4.29     (15) (i) a family as defined in section 256D.02, 
  4.30  subdivision 5, which is ineligible for the aid to families with 
  4.31  dependent children program.  ~~If all children in the family are~~ 
  4.32  ~~six years of age or older, or if suitable child care is~~ 
  4.33  ~~available for children under age six at no cost to the family,~~ 
  4.34  ~~all the adult members of the family must register for and~~ 
  4.35  ~~cooperate in the work readiness program under section 256D.051.~~  
  4.36  ~~If one or more of the children is under the age of six and~~ 
  5.1   ~~suitable child care is not available without cost to the family,~~ 
  5.2   ~~all the adult members except one adult member must register for~~ 
  5.3   ~~and cooperate with the work readiness program under section~~ 
  5.4   ~~256D.051.  The adult member who must participate in the work~~ 
  5.5   ~~readiness program is the one having earned the greater of the~~ 
  5.6   ~~incomes, excluding in-kind income, during the 24-month period~~ 
  5.7   ~~immediately preceding the month of application for assistance.~~  
  5.8   ~~When there are no earnings or when earnings are identical for~~ 
  5.9   ~~each adult, the applicant must designate the adult who must~~ 
  5.10  ~~participate in work readiness and that designation must not be~~ 
  5.11  ~~transferred or changed after program eligibility is determined~~ 
  5.12  ~~as long as program eligibility continues without an interruption~~ 
  5.13  ~~of 30 days or more.  The adult members required to register for~~ 
  5.14  ~~and cooperate with the work readiness program are not eligible~~ 
  5.15  ~~for financial assistance under section 256D.051, except as~~ 
  5.16  ~~provided in section 256D.051, subdivision 6, and shall be~~ 
  5.17  ~~included in the general assistance grant.  If an adult member~~ 
  5.18  ~~fails to cooperate with requirements of section 256D.051, the~~ 
  5.19  ~~local agency shall not take that member's needs into account in~~ 
  5.20  ~~making the grant determination as provided by the termination~~ 
  5.21  ~~provisions of section 256D.051, subdivision 1a, paragraph (b).~~  
  5.22  ~~The time limits of section 256D.051, subdivision 1, do not apply~~ 
  5.23  ~~to persons eligible under this clause~~ 
  5.24     (ii) The provisions of this paragraph apply only in those 
  5.25  counties designated by the commissioner to operate a food stamp 
  5.26  employment and training program under section 256D.051.  Unless 
  5.27  all adults in the family are exempt under section 256D.051, 
  5.28  subdivision 3a, one adult in the family must participate in and 
  5.29  cooperate with the food stamp employment and training program 
  5.30  under section 256D.051 each month that the family receives 
  5.31  general assistance benefits.  If the household contains more 
  5.32  than one nonexempt adult, the adults may determine which adult 
  5.33  must participate.  The designation may be changed once annually 
  5.34  at the annual redetermination of eligibility.  If no designation 
  5.35  is made, or if the adults cannot agree, the county agency shall 
  5.36  designate the adult having earned the greater of the incomes, 
  6.1   including in-kind income, during the 24-month period immediately 
  6.2   preceding the month of application for general assistance, as 
  6.3   the adult who must participate.  When there are no earnings or 
  6.4   when earnings are identical for each adult, the county agency 
  6.5   shall designate which adult must participate.  The recipient's 
  6.6   participation must begin on the first day of the first full 
  6.7   month following the determination of eligibility for general 
  6.8   assistance benefits.  To the extent of available resources, and 
  6.9   with the county agency's consent, the recipient may voluntarily 
  6.10  continue to participate in food stamp employment and training 
  6.11  services for up to three additional consecutive months 
  6.12  immediately following termination of general assistance benefits 
  6.13  in order to complete the provisions of the recipient's 
  6.14  employability development plan.  If the adult member fails 
  6.15  without good cause to participate in or cooperate with the food 
  6.16  stamp employment and training program, the county agency shall 
  6.17  concurrently terminate that person's eligibility for general 
  6.18  assistance and food stamps for two months or until compliance is 
  6.19  achieved, whichever is shorter, using the notice, good cause, 
  6.20  conciliation, and termination procedures specified in section 
  6.21  256D.051; or 
  6.22     (16) a person over age 18 whose primary language is not 
  6.23  English and who is attending high school at least half time. 
  6.24     (b) Persons or families who are not state residents but who 
  6.25  are otherwise eligible for general assistance may receive 
  6.26  emergency general assistance to meet emergency needs. 
  6.27     (c) As a condition of eligibility under paragraph (a), 
  6.28  clauses (1), (3), (5), (8), and (9), the recipient must complete 
  6.29  an interim assistance agreement and must apply for other 
  6.30  maintenance benefits as specified in section 256D.06, 
  6.31  subdivision 5, and must comply with efforts to determine the 
  6.32  recipient's eligibility for those other maintenance benefits.  
  6.33     (d) The burden of providing documentation for a county 
  6.34  agency to use to verify eligibility for general assistance or 
  6.35  ~~work readiness~~ for exemption from the food stamp employment and 
  6.36  training program is upon the applicant or recipient.  The county 
  7.1   agency shall use documents already in its possession to verify 
  7.2   eligibility, and shall help the applicant or recipient obtain 
  7.3   other existing verification necessary to determine eligibility 
  7.4   which the applicant or recipient does not have and is unable to 
  7.5   obtain. 
  7.6      Sec. 2.  Minnesota Statutes 1994, section 256D.051, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [~~WORK REGISTRATION~~ FOOD STAMP EMPLOYMENT 
  7.9   AND TRAINING PROGRAM.] ~~(a) Except as provided in this~~ 
  7.10  ~~subdivision, persons who are residents of the state and whose~~ 
  7.11  ~~income and resources are less than the standard of assistance~~ 
  7.12  ~~established by the commissioner, but who are not categorically~~ 
  7.13  ~~eligible under section 256D.05, subdivision 1, are eligible for~~ 
  7.14  ~~the work readiness program for~~ The commissioner shall implement 
  7.15  a food stamp employment and training program in a sufficient 
  7.16  number of Minnesota counties in order to meet the food stamp 
  7.17  employment and training participation requirements of the United 
  7.18  States Department of Agriculture.  Unless all adult members of 
  7.19  the food stamp household are exempt under subdivision 3a, one 
  7.20  nonexempt adult recipient in each household must participate in 
  7.21  the food stamp employment and training program each month that 
  7.22  the household is eligible for food stamps, up to a maximum 
  7.23  period of six calendar months during any 12 consecutive calendar 
  7.24  month period~~, subject to the provisions of paragraph (d),~~ 
  7.25  ~~subdivision 3, and section 256D.052, subdivision 4~~.  If the 
  7.26  household contains more than one nonexempt adult, the adults may 
  7.27  determine which adult must participate.  The designation may be 
  7.28  changed only once annually at the annual redetermination of 
  7.29  eligibility.  If no designation is made or if the adults cannot 
  7.30  agree, the county agency shall designate the adult having earned 
  7.31  the greater of the incomes, including in-kind income, during the 
  7.32  24-month period immediately preceding the month of application 
  7.33  for food stamp benefits, as the adult who must participate.  
  7.34  When there are no earnings or when earnings are identical for 
  7.35  each adult, the county agency shall designate the adult who must 
  7.36  participate.  The person's ~~eligibility period~~ 
  8.1   ~~begins~~ participation in food stamp employment and training 
  8.2   services must begin on the first day of the calendar month 
  8.3   following the date of application for ~~assistance or following~~ 
  8.4   ~~the date all eligibility factors are met, whichever is later;~~ 
  8.5   ~~however,~~ food stamps.  With the county agency's consent, and to 
  8.6   the extent of available resources, the person may voluntarily 
  8.7   continue to participate in ~~work readiness~~ food stamp employment 
  8.8   and training services for up to three additional consecutive 
  8.9   months immediately following the ~~last month of benefits~~ end of 
  8.10  the six-month mandatory participation period in order to 
  8.11  complete the provisions of the person's employability 
  8.12  development plan.  ~~After July 1, 1992, if orientation is~~ 
  8.13  ~~available within three weeks after the date eligibility is~~ 
  8.14  ~~determined, initial payment will not be made until the~~ 
  8.15  ~~registrant attends orientation to the work readiness program.~~  
  8.16  ~~Prior to terminating work readiness assistance the county agency~~ 
  8.17  ~~must provide advice on the person's eligibility for general~~ 
  8.18  ~~assistance medical care and must assess the person's eligibility~~ 
  8.19  ~~for general assistance under section 256D.05 to the extent~~ 
  8.20  ~~possible, using information in the case file, and determine the~~ 
  8.21  ~~person's eligibility for general assistance.  A determination~~ 
  8.22  ~~that the person is not eligible for general assistance must be~~ 
  8.23  ~~stated in the notice of termination of work readiness benefits.~~ 
  8.24     ~~(b) Persons, families, and married couples who are not~~ 
  8.25  ~~state residents but who are otherwise eligible for work~~ 
  8.26  ~~readiness assistance may receive emergency assistance to meet~~ 
  8.27  ~~emergency needs.~~ 
  8.28     ~~(c) Except for family members who must participate in work~~ 
  8.29  ~~readiness services under the provisions of section 256D.05,~~ 
  8.30  ~~subdivision 1, clause (15), any person who would be defined for~~ 
  8.31  ~~purposes of the food stamp program as being enrolled or~~ 
  8.32  ~~participating at least half-time in an institution of higher~~ 
  8.33  ~~education or a post-secondary program is ineligible for the work~~ 
  8.34  ~~readiness program.  Post-secondary education does not include~~ 
  8.35  ~~the following programs:  (1) high school equivalency; (2) adult~~ 
  8.36  ~~basic education; (3) English as a second language; (4) literacy~~ 
  9.1   ~~training; and (5) skill-specific technical training that has a~~ 
  9.2   ~~course of study of less than three months, that is not paid for~~ 
  9.3   ~~using work readiness funds, and that is specified in the work~~ 
  9.4   ~~readiness employability development plan developed with the~~ 
  9.5   ~~recipient prior to the recipient beginning the training course.~~ 
  9.6      ~~(d) Notwithstanding the provisions of sections 256.045 and~~ 
  9.7   ~~256D.10, during the pendency of an appeal, work readiness~~ 
  9.8   ~~payments and services shall not continue to a person who appeals~~ 
  9.9   ~~the termination of benefits due to exhaustion of the period of~~ 
  9.10  ~~eligibility specified in paragraph (a) or (d).~~ 
  9.11     Sec. 3.  Minnesota Statutes 1994, section 256D.051, 
  9.12  subdivision 1a, is amended to read: 
  9.13     Subd. 1a.  [~~WORK READINESS PAYMENTS~~ NOTICES; CONCILIATION 
  9.14  CONFERENCE; SANCTIONS.] (a) ~~Except as provided in this~~ 
  9.15  ~~subdivision, grants of work readiness shall be determined using~~ 
  9.16  ~~the standards of assistance, exclusions, disregards, and~~ 
  9.17  ~~procedures which are used in the general assistance program.~~  
  9.18  ~~Work readiness shall be granted in an amount that, when added to~~ 
  9.19  ~~the nonexempt income actually available to the assistance unit,~~ 
  9.20  ~~the total amount equals the applicable standard of assistance.~~  
  9.21     ~~(b) Except as provided in section 256D.05, subdivision 6,~~ 
  9.22  ~~work readiness assistance must be paid on the first day of each~~ 
  9.23  ~~month.~~ 
  9.24     At the time the county agency notifies the ~~assistance unit~~ 
  9.25  household that it is eligible for ~~family general assistance or~~ 
  9.26  ~~work readiness assistance and by the first day of each month of~~ 
  9.27  ~~services~~ food stamps, the county agency must inform all 
  9.28  mandatory ~~registrants~~ employment and training services 
  9.29  participants as identified in subdivision 1 in the ~~assistance~~ 
  9.30  ~~unit~~ household that they must comply with all ~~work readiness~~ 
  9.31  food stamp employment and training program requirements ~~that~~ 
  9.32  each month, including the requirement to attend an initial 
  9.33  orientation to the food stamp employment and training program, 
  9.34  and that ~~work readiness~~ food stamp eligibility will end ~~at the~~ 
  9.35  ~~end of the month~~ unless the ~~registrants~~ participants comply with 
  9.36  ~~work readiness~~ the requirements specified in the notice.  
 10.1      (b) A ~~registrant~~ participant who fails, without good cause, 
 10.2   to comply with food stamp employment and training program 
 10.3   requirements ~~during this time period~~ of this section, including 
 10.4   attendance at orientation, will lose ~~family general assistance~~ 
 10.5   ~~or work readiness eligibility without notice under section~~ 
 10.6   ~~256D.101, subdivision 1, paragraph (b).  The registrant shall,~~ 
 10.7   ~~however, be sent a notice no later than five days after~~ 
 10.8   ~~eligibility ends, which informs the registrant that family~~ 
 10.9   ~~general assistance or work readiness eligibility has ended in~~ 
 10.10  ~~accordance with this section for failure to comply with work~~ 
 10.11  ~~readiness requirements.  The notice shall set forth the factual~~ 
 10.12  ~~basis for such determination and advise the registrant of the~~ 
 10.13  ~~right to reinstate eligibility upon a showing of good cause for~~ 
 10.14  ~~the failure to meet the requirements.  Subsequent assistance~~ 
 10.15  ~~must not be issued unless the person completes an application,~~ 
 10.16  ~~is determined eligible, and complies with the work readiness~~ 
 10.17  ~~requirements that had not been complied with, or demonstrates~~ 
 10.18  ~~that the person had good cause for failing to comply with the~~ 
 10.19  ~~requirement.  The time during which the person is ineligible~~ 
 10.20  ~~under these provisions is counted as part of the person's period~~ 
 10.21  ~~of eligibility under subdivision 1.~~  
 10.22     ~~(c) Notwithstanding the provisions of section 256D.01,~~ 
 10.23  ~~subdivision 1a, paragraph (d), when one member of a married~~ 
 10.24  ~~couple has exhausted the five months of work readiness~~ 
 10.25  ~~eligibility in a 12-month period and the other member has one or~~ 
 10.26  ~~more months of eligibility remaining within the same 12-month~~ 
 10.27  ~~period, the standard of assistance applicable to the member who~~ 
 10.28  ~~remains eligible is the first adult standard in the aid to~~ 
 10.29  ~~families with dependent children program.~~ 
 10.30     ~~(d) Notwithstanding sections 256.045 and 256D.10, during~~ 
 10.31  ~~the pendency of an appeal, work readiness payments and services~~ 
 10.32  ~~shall not continue to a person who appeals the termination of~~ 
 10.33  ~~benefits under paragraph (b).~~ food stamp eligibility for two 
 10.34  months or until the county agency determines that the 
 10.35  participant has complied with program requirements, whichever is 
 10.36  shorter.  If the participant is not the head of household, the 
 11.1   person shall be considered an ineligible household member for 
 11.2   food stamp purposes.  If the participant is the head of 
 11.3   household, the entire household is ineligible to participate as 
 11.4   provided in Code of Federal Regulations, title 7, section 
 11.5   273.7(g).  Good cause means circumstances beyond the control of 
 11.6   the participant, such as illness or injury, illness or injury of 
 11.7   another household member requiring the participant's presence, a 
 11.8   household emergency, or the inability to obtain child care for 
 11.9   children between the ages of six and 12 or to obtain 
 11.10  transportation needed in order for the participant to meet the 
 11.11  food stamp employment and training program participation 
 11.12  requirements. 
 11.13     (c) The county agency shall mail or hand deliver a notice 
 11.14  to the participant no later than five days after determining 
 11.15  that the participant has failed without good cause to comply 
 11.16  with food stamp employment and training program requirements 
 11.17  which specifies:  (1) the requirements that were not complied 
 11.18  with; (2) the factual basis for the determination of 
 11.19  noncompliance; and (3) the right to reinstate eligibility upon a 
 11.20  showing of good cause for failure to meet the requirements.  The 
 11.21  notice must ask the reason for the noncompliance, and must 
 11.22  identify the participant's appeal rights.  The notice must 
 11.23  request that the participant inform the county agency if the 
 11.24  participant believes that good cause existed for the failure to 
 11.25  comply, must offer the participant a conciliation conference as 
 11.26  provided in this paragraph, and must state that the county 
 11.27  agency intends to terminate eligibility for food stamp benefits 
 11.28  due to failure to comply with food stamp employment and training 
 11.29  program requirements. 
 11.30     (d) The county agency must offer a conciliation conference 
 11.31  to participants who have failed to comply with food stamp 
 11.32  employment and training program requirements.  The purpose of 
 11.33  the conference is to determine the cause for noncompliance, to 
 11.34  attempt to resolve the problem causing the noncompliance so that 
 11.35  all requirements are complied with, and to determine if good 
 11.36  cause for noncompliance exists.  The conciliation period shall 
 12.1   run for ten working days from the date of the notice required in 
 12.2   paragraph (c).  Information about how to request a conciliation 
 12.3   conference must be specified in the notice required in paragraph 
 12.4   (c).  If the county agency determines that the participant, 
 12.5   during the conciliation period, complied with all food stamp 
 12.6   employment and training program requirements that the recipient 
 12.7   was required to comply with prior to and during the conciliation 
 12.8   period, or if the county agency determines that good cause for 
 12.9   failing to comply with the requirements was present, a sanction 
 12.10  on the participant's or household's food stamp eligibility shall 
 12.11  not be imposed. 
 12.12     (e) If the county agency determines that the participant 
 12.13  did not comply during the conciliation period with all food 
 12.14  stamp employment and training program requirements that were in 
 12.15  effect prior to and during the conciliation period, and if the 
 12.16  county agency determines that good cause was not present, the 
 12.17  county must provide a ten-day notice of termination of food 
 12.18  stamp benefits.  The termination notice must be issued following 
 12.19  the last day of the conciliation period.  The amount of food 
 12.20  stamps that are withheld from the household and determination of 
 12.21  the impact of the sanction on other household members is 
 12.22  governed by Code of Federal Regulations, title 7, section 273.7. 
 12.23     (f) The participant may appeal the termination of food 
 12.24  stamp benefits under the provisions of section 256.045. 
 12.25     Sec. 4.  Minnesota Statutes 1994, section 256D.051, 
 12.26  subdivision 2, is amended to read: 
 12.27     Subd. 2.  [COUNTY AGENCY DUTIES.] (a) The county ~~agency~~ 
 12.28  agencies specified by the commissioner under subdivision 1, 
 12.29  shall provide to ~~registrants~~ food stamp recipients a ~~work~~ 
 12.30  ~~readiness~~ food stamp employment and training program.  The ~~work~~ 
 12.31  ~~readiness~~ program must include: 
 12.32     (1) orientation to the ~~work readiness~~ food stamp employment 
 12.33  and training program; 
 12.34     (2) an individualized employability assessment and an 
 12.35  individualized employability development plan that includes 
 12.36  assessment of literacy, ability to communicate in the English 
 13.1   language, educational and employment history, and that estimates 
 13.2   the length of time it will take the ~~registrant~~ participant to 
 13.3   obtain employment.  The employability assessment and development 
 13.4   plan must be completed in consultation with the ~~registrant~~ 
 13.5   participant, must assess the ~~registrant's~~ participant's assets, 
 13.6   barriers, and strengths, and must identify steps necessary to 
 13.7   overcome barriers to employment.  A copy of the employability 
 13.8   development plan must be provided to the ~~registrant~~ participant; 
 13.9      (3) referral to available accredited remedial or skills 
 13.10  training programs designed to address ~~registrant's~~ participant's 
 13.11  barriers to employment; 
 13.12     (4) referral to available programs ~~including the Minnesota~~ 
 13.13  ~~employment and economic development program~~ that provide 
 13.14  subsidized or unsubsidized employment as necessary; 
 13.15     (5) a job search program, including job seeking skills 
 13.16  training; and 
 13.17     (6) other activities, to the extent of available resources 
 13.18  designed by the county agency to prepare the ~~registrant~~ 
 13.19  participant for permanent employment. 
 13.20     ~~The work readiness program may include a public sector or~~ 
 13.21  ~~nonprofit work experience component only if the component is~~ 
 13.22  ~~established according to section 268.90.~~ 
 13.23     In order to allow time for job search, the county agency 
 13.24  may not require an individual to participate in the ~~work~~ 
 13.25  ~~readiness~~ food stamp employment and training program for more 
 13.26  than 32 hours a week.  The county agency shall require an 
 13.27  individual to spend at least eight hours a week in job search or 
 13.28  other ~~work readiness~~ food stamp employment and training program 
 13.29  activities. 
 13.30     (b) The county agency shall prepare an annual plan for the 
 13.31  operation of its ~~work readiness~~ food stamp employment and 
 13.32  training program.  The plan must be submitted to and approved by 
 13.33  the commissioner of economic security.  The plan must include: 
 13.34     (1) a description of the services to be offered by the 
 13.35  county agency; 
 13.36     (2) a plan to coordinate the activities of all public 
 14.1   entities providing employment-related services in order to avoid 
 14.2   duplication of effort and to provide services more efficiently; 
 14.3      (3) a description of the factors that will be taken into 
 14.4   account when determining a client's employability development 
 14.5   plan; 
 14.6      (4) ~~provisions to assure that applicants and recipients are~~ 
 14.7   ~~evaluated for eligibility for general assistance prior to~~ 
 14.8   ~~termination from the work readiness program; and~~ 
 14.9      ~~(5)~~ provisions to ensure that the county agency's 
 14.10  employment and training service provider provides each recipient 
 14.11  with an orientation, employability assessment, and employability 
 14.12  development plan as specified in paragraph (a), clauses (1) and 
 14.13  (2), within 30 days of the recipient's application for 
 14.14  assistance. 
 14.15     Sec. 5.  Minnesota Statutes 1994, section 256D.051, is 
 14.16  amended by adding a subdivision to read: 
 14.17     Subd. 2a.  [DUTIES OF THE COMMISSIONER.] In addition to any 
 14.18  other duties imposed by law, the commissioner shall: 
 14.19     (1) based on Code of Federal Regulations, title 7, section 
 14.20  273.7 and sections 256D.051 and 256D.052, supervise the 
 14.21  administration of the food stamp employment and training program 
 14.22  by county agencies; 
 14.23     (2) disburse money appropriated for food stamp employment 
 14.24  and training services to county agencies based upon the county's 
 14.25  costs as specified in section 256D.06; 
 14.26     (3) accept and supervise the disbursement of any funds that 
 14.27  may be provided by the federal government or from other sources 
 14.28  for use in this state for food stamp employment and training 
 14.29  services; and 
 14.30     (4) cooperate with other agencies including any agency of 
 14.31  the United States or of another state in all matters concerning 
 14.32  the powers and duties of the commissioner under sections 
 14.33  256D.051 and 256D.052. 
 14.34     Sec. 6.  Minnesota Statutes 1994, section 256D.051, 
 14.35  subdivision 3, is amended to read: 
 14.36     Subd. 3.  [~~REGISTRANT~~ PARTICIPANT DUTIES.] In order to 
 15.1   receive ~~work readiness~~ food stamp assistance, a ~~registrant~~ 
 15.2   participant shall:  (1) cooperate with the county agency in all 
 15.3   aspects of the ~~work readiness~~ food stamp employment and training 
 15.4   program; (2) accept any suitable employment, including 
 15.5   employment offered through the job training partnership act, and 
 15.6   other employment and training options; and (3) participate 
 15.7   in ~~work readiness~~ food stamp employment and training activities 
 15.8   assigned by the county agency.  The county agency may terminate 
 15.9   assistance to a registrant who fails to cooperate in the ~~work~~ 
 15.10  ~~readiness~~ food stamp employment and training program, as 
 15.11  provided in subdivision 1a. 
 15.12     Sec. 7.  Minnesota Statutes 1994, section 256D.051, 
 15.13  subdivision 3a, is amended to read: 
 15.14     Subd. 3a.  [PERSONS REQUIRED TO REGISTER FOR AND 
 15.15  PARTICIPATE IN THE ~~WORK READINESS~~ FOOD STAMP EMPLOYMENT AND 
 15.16  TRAINING PROGRAM.] ~~Each person in a work readiness assistance~~ 
 15.17  ~~unit who is 18 years old or older must register for and~~ 
 15.18  ~~participate in the work readiness program.  A person in the~~ 
 15.19  ~~assistance unit who is at least 16 years old but less than 19~~ 
 15.20  ~~years old and who is not a full-time secondary school student is~~ 
 15.21  ~~required to register and participate.  A student who was~~ 
 15.22  ~~enrolled as a full-time student during the last school term must~~ 
 15.23  ~~be considered a full-time student during summers and school~~ 
 15.24  ~~holidays.~~ (a) To the extent required under Code of Federal 
 15.25  Regulations, title 7, section 273.7(a), each applicant for and 
 15.26  recipient of food stamps is required to register for work as a 
 15.27  condition of eligibility for food stamp benefits.  Applicants 
 15.28  and recipients are registered by signing an application or 
 15.29  annual reapplication for food stamps, and must be informed that 
 15.30  they are registering for work by signing the form. 
 15.31     (b) The following food stamp recipients are exempt from 
 15.32  mandatory participation in food stamp employment and training 
 15.33  services: 
 15.34     (1) recipients of benefits under the AFDC program, the 
 15.35  Minnesota supplemental aid program, or the general assistance 
 15.36  program, except an adult who receives general assistance under 
 16.1   the provisions of section 256D.05, subdivision 1, clause (15), 
 16.2   is not exempt unless the person qualifies under one of the 
 16.3   remaining exemption provisions in this paragraph; 
 16.4      (2) a child; 
 16.5      (3) a recipient over age 55; 
 16.6      (4) a recipient who has a mental or physical illness, 
 16.7   injury or incapacity which is expected to continue for at least 
 16.8   30 days and which impairs the recipient's ability to obtain or 
 16.9   retain employment as evidenced by professional certification or 
 16.10  the receipt of temporary or permanent disability benefits issued 
 16.11  by a private or government source; 
 16.12     (5) a parent or other household member responsible for the 
 16.13  care of either a dependent child in the household who is under 
 16.14  age six or a person in the household who is professionally 
 16.15  certified as having a physical or mental illness, injury, or 
 16.16  incapacity.  Only one parent or other household member may claim 
 16.17  exemption under this provision; 
 16.18     (6) a recipient receiving unemployment compensation or who 
 16.19  has applied for unemployment compensation and has been required 
 16.20  to register for work with the department of economic security as 
 16.21  part of the unemployment compensation application process; 
 16.22     (7) a recipient participating each week in a drug addiction 
 16.23  or alcohol abuse treatment and rehabilitation program, provided 
 16.24  the operators of the treatment and rehabilitation program, in 
 16.25  consultation with the county agency, recommend that the 
 16.26  recipient not participate in the food stamp employment and 
 16.27  training program; 
 16.28     (8) a recipient employed or self-employed for 30 or more 
 16.29  hours per week at employment paying at least minimum wage, or 
 16.30  earns wages from employment equal to or exceeding 30 hours 
 16.31  multiplied by the federal minimum wage; or 
 16.32     (9) a student enrolled at least halftime in any school, 
 16.33  training program, or institution of higher education.  When 
 16.34  determining if a student meets this criteria, the school's, 
 16.35  program's, or institution's criteria for being enrolled halftime 
 16.36  shall be used. 
 17.1      Sec. 8.  Minnesota Statutes 1994, section 256D.051, 
 17.2   subdivision 3b, is amended to read: 
 17.3      Subd. 3b.  [~~WORK READINESS PARTICIPATION~~ 
 17.4   ~~REQUIREMENTS~~ ORIENTATION.] ~~A work readiness registrant meets the~~ 
 17.5   ~~work readiness participation requirements if the registrant:~~ 
 17.6      ~~(1) completes the specific tasks or assigned duties that~~ 
 17.7   ~~were identified by the county agency in the notice required~~ 
 17.8   ~~under section 256D.101, subdivision 1, paragraph (a); and~~ 
 17.9      ~~(2) meets the requirements in subdivisions 3 and 8.~~ (a) The 
 17.10  county agency or its employment and training service provider 
 17.11  must provide an orientation to food stamp employment and 
 17.12  training services to each nonexempt food stamp recipient within 
 17.13  30 days of the date that food stamp eligibility is determined.  
 17.14  The orientation must inform the participant of:  (1) the 
 17.15  requirement to participate in services; (2) the date, time, and 
 17.16  address to report to for services; (3) the name and telephone 
 17.17  number of the food stamp employment and training service 
 17.18  provider; (4) the consequences for failure without good cause to 
 17.19  comply; and (5) the services and support services available 
 17.20  through food stamp employment and training services and other 
 17.21  providers of similar services.  The orientation must inform the 
 17.22  participant to view the food stamp program as a temporary means 
 17.23  of supplementing the family's food needs until the family 
 17.24  achieves self-sufficiency through employment.  
 17.25     (b) The orientation may be provided through audio-visual 
 17.26  methods, but the participant must have the opportunity for 
 17.27  face-to-face interaction with county agency staff. 
 17.28     Sec. 9.  Minnesota Statutes 1994, section 256D.051, 
 17.29  subdivision 6, is amended to read: 
 17.30     Subd. 6.  [SERVICE COSTS.] Within the limits of available 
 17.31  resources, the commissioner shall reimburse ~~92 percent of~~ county 
 17.32  agency expenditures for providing ~~work readiness~~ food stamp 
 17.33  employment and training services including direct participation 
 17.34  expenses and administrative costs~~, except as provided in section~~ 
 17.35  ~~256.017~~.  State ~~work readiness~~ food stamp employment and 
 17.36  training funds shall be used only to pay the county agency's and 
 18.1   ~~work readiness~~ food stamp employment and training service 
 18.2   provider's actual costs of providing participant support 
 18.3   services, direct program services, and program administrative 
 18.4   costs for persons who participate in ~~work readiness~~ such 
 18.5   employment and training services.  ~~Beginning July 1, 1991,~~ The 
 18.6   average annual reimbursable cost for providing ~~work readiness~~ 
 18.7   food stamp employment and training services to a recipient for 
 18.8   whom an individualized employability development plan is not 
 18.9   completed must not exceed $60 for the ~~work readiness~~ employment 
 18.10  and training services, and ~~$223~~ $300 for necessary recipient 
 18.11  support services such as transportation or child care needed to 
 18.12  participate in ~~work readiness services~~ food stamp employment and 
 18.13  training program.  If an individualized employability 
 18.14  development plan has been completed, the average annual 
 18.15  reimbursable cost for providing ~~work readiness~~ employment and 
 18.16  training services must not exceed ~~$283, except that the total~~ 
 18.17  ~~annual average reimbursable cost shall not exceed $804 for~~ 
 18.18  ~~recipients who participate in a pilot project work experience~~ 
 18.19  ~~program under Laws 1993, First Special Session chapter 1,~~ 
 18.20  ~~article 6, section 55,~~ $300 for all services and costs necessary 
 18.21  to implement the plan, including the costs of training, 
 18.22  employment search assistance, placement, work experience, 
 18.23  on-the-job training, other appropriate activities, the 
 18.24  administrative and program costs incurred in providing these 
 18.25  services, and necessary recipient support services such as 
 18.26  tools, clothing, and transportation needed to participate 
 18.27  in ~~work readiness~~ food stamp employment and training services.  
 18.28  ~~Beginning July 1, 1991, the state will reimburse counties, up to~~ 
 18.29  ~~the limit of state appropriations, according to the payment~~ 
 18.30  ~~schedule in section 256.025 for the county share of costs~~ 
 18.31  ~~incurred under this subdivision on or after January 1, 1991.~~  
 18.32  ~~Payment to counties under this subdivision is subject to the~~ 
 18.33  ~~provisions of section 256.017.~~  The county agency may expend 
 18.34  additional county funds above the dollar limits of this 
 18.35  subdivision without state reimbursement. 
 18.36     Sec. 10.  Minnesota Statutes 1994, section 256D.051, 
 19.1   subdivision 6b, is amended to read: 
 19.2      Subd. 6b.  [FEDERAL REIMBURSEMENT.] Federal financial 
 19.3   participation from the United States Department of Agriculture 
 19.4   for ~~work readiness~~ employment and training expenditures that are 
 19.5   eligible for reimbursement through the food stamp employment and 
 19.6   training program are dedicated funds and are annually 
 19.7   appropriated to the commissioner of human services for the 
 19.8   operation of the ~~work readiness~~ food stamp employment and 
 19.9   training program.  Federal financial participation for the 
 19.10  nonstate portion of ~~work readiness~~ food stamp employment and 
 19.11  training costs must be paid to the county agency that incurred 
 19.12  the costs.  
 19.13     Sec. 11.  Minnesota Statutes 1994, section 256D.051, 
 19.14  subdivision 8, is amended to read: 
 19.15     Subd. 8.  [VOLUNTARY QUIT.] A person who is required to 
 19.16  participate in ~~work readiness~~ food stamp employment and training 
 19.17  services is not eligible for ~~general assistance or work~~ 
 19.18  ~~readiness payments or services~~ food stamps if, without good 
 19.19  cause, the person refuses a legitimate offer of, or quits, 
 19.20  suitable employment within 60 days before the date of 
 19.21  application.  A person who is required to participate in ~~work~~ 
 19.22  ~~readiness~~ food stamp employment and training services and, 
 19.23  without good cause, voluntarily quits suitable employment or 
 19.24  refuses a legitimate offer of suitable employment while 
 19.25  receiving ~~general assistance or work readiness payments or~~ 
 19.26  ~~services~~ food stamps shall be terminated from the ~~general~~ 
 19.27  ~~assistance or work readiness~~ food stamp program as specified in 
 19.28  subdivision 1a. 
 19.29     Sec. 12.  Minnesota Statutes 1994, section 256D.051, 
 19.30  subdivision 9, is amended to read: 
 19.31     Subd. 9.  [SUBCONTRACTORS.] A county agency may, at its 
 19.32  option, subcontract any or all of the duties under ~~subdivision 2~~ 
 19.33  this section to a public or private entity approved by the 
 19.34  commissioner of economic security. 
 19.35     Sec. 13.  Minnesota Statutes 1994, section 256D.051, 
 19.36  subdivision 17, is amended to read: 
 20.1      Subd. 17.  [START WORK GRANTS.] Within the limit of 
 20.2   available appropriations, the county agency may make grants 
 20.3   necessary to enable ~~work readiness recipients~~ food stamp 
 20.4   employment and training program participants to accept bona fide 
 20.5   offers of employment.  The grants may be made for costs directly 
 20.6   related to starting employment, including transportation costs, 
 20.7   clothing, tools and equipment, license or other fees, and 
 20.8   relocation.  Start work grants are available once in any 
 20.9   12-month period to a ~~recipient~~ participant.  The commissioner 
 20.10  shall allocate money appropriated for start work grants to 
 20.11  counties based on each county's ~~work readiness~~ food stamp 
 20.12  employment and training program caseload in the 12 months ending 
 20.13  in March for each following state fiscal year and may reallocate 
 20.14  any unspent amounts. 
 20.15     Sec. 14.  Minnesota Statutes 1994, section 256D.052, 
 20.16  subdivision 3, is amended to read: 
 20.17     Subd. 3.  [~~SERVICES PROVIDED~~ PARTICIPANT LITERACY 
 20.18  TRANSPORTATION COSTS.] Within the limits of the state 
 20.19  appropriation, the county agency must provide transportation to 
 20.20  enable ~~people~~ food stamp employment and training participants to 
 20.21  participate in literacy training under this section.  The state 
 20.22  shall reimburse county agencies for the costs of providing 
 20.23  transportation under this section up to the amount of the state 
 20.24  appropriation.  Counties must make every effort to ensure that 
 20.25  child care is available as needed by recipients who are pursuing 
 20.26  literacy training. 
 20.27     Sec. 15.  Minnesota Statutes 1994, section 256D.10, is 
 20.28  amended to read: 
 20.29     256D.10 [HEARINGS PRIOR TO REDUCTION; TERMINATION; 
 20.30  SUSPENSION OF GENERAL ASSISTANCE GRANTS.] 
 20.31     No grant of general assistance, except one made pursuant to 
 20.32  section 256D.06, subdivision 2~~; 256D.051, subdivisions 1,~~ 
 20.33  ~~paragraph (d), and 1a, paragraph (b);~~ or 256D.08, subdivision 2, 
 20.34  shall be reduced, terminated, or suspended unless the recipient 
 20.35  receives notice and is afforded an opportunity to be heard prior 
 20.36  to any action by the county agency. 
 21.1      Nothing herein shall deprive a recipient of the right to a 
 21.2   full administrative and judicial review of an order or 
 21.3   determination of a county agency as provided for in section 
 21.4   256.045 subsequent to any action taken by a county agency after 
 21.5   a prior hearing. 
 21.6      Sec. 16.  [FUNDING.] 
 21.7      Funds appropriated in fiscal years 1996 and 1997 to the 
 21.8   commissioner are for the operation of the food stamp employment 
 21.9   and training program. 
 21.10     Sec. 17.  [REVISOR INSTRUCTION.] 
 21.11     In the next edition of Minnesota Statutes, the revisor 
 21.12  shall delete the term "work readiness" from Minnesota Statutes, 
 21.13  sections 256D.01 to 256D.21. 
 21.14     Sec. 18.  [REPEALER.] 
 21.15     Minnesota Statutes 1994, sections 256D.051, subdivisions 
 21.16  10, 13, 14, and 15; 256D.052, subdivisions 1, 2, and 4; 
 21.17  256D.091; 256D.101; 256D.111; and 256D.113, are repealed.  
 21.18                             ARTICLE 2
 21.19                WORKING FAMILY CREDITS JOINT VENTURE 
 21.20     Section 1.  Minnesota Statutes 1994, section 13.46, 
 21.21  subdivision 2, is amended to read: 
 21.22     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 21.23  a statute specifically provides a different classification, data 
 21.24  on individuals collected, maintained, used, or disseminated by 
 21.25  the welfare system is private data on individuals, and shall not 
 21.26  be disclosed except:  
 21.27     (1) pursuant to section 13.05; 
 21.28     (2) pursuant to court order; 
 21.29     (3) pursuant to a statute specifically authorizing access 
 21.30  to the private data; 
 21.31     (4) to an agent of the welfare system, including a law 
 21.32  enforcement person, attorney, or investigator acting for it in 
 21.33  the investigation or prosecution of a criminal or civil 
 21.34  proceeding relating to the administration of a program; 
 21.35     (5) to personnel of the welfare system who require the data 
 21.36  to determine eligibility, amount of assistance, and the need to 
 22.1   provide services of additional programs to the individual; 
 22.2      (6) to administer federal funds or programs; 
 22.3      (7) between personnel of the welfare system working in the 
 22.4   same program; 
 22.5      (8) the amounts of cash public assistance and relief paid 
 22.6   to welfare recipients in this state, including their names ~~and~~, 
 22.7   social security numbers, income, addresses, and other 
 22.8   demographic data as required, upon request by the department of 
 22.9   revenue to administer the property tax refund law, supplemental 
 22.10  housing allowance, early refund of refundable tax credits, and 
 22.11  the income tax; 
 22.12     (9) to the Minnesota department of economic security for 
 22.13  the purpose of monitoring the eligibility of the data subject 
 22.14  for reemployment insurance, for any employment or training 
 22.15  program administered, supervised, or certified by that agency, 
 22.16  or for the purpose of administering any rehabilitation program, 
 22.17  whether alone or in conjunction with the welfare system, and to 
 22.18  verify receipt of energy assistance for the telephone assistance 
 22.19  plan; 
 22.20     (10) to appropriate parties in connection with an emergency 
 22.21  if knowledge of the information is necessary to protect the 
 22.22  health or safety of the individual or other individuals or 
 22.23  persons; 
 22.24     (11) data maintained by residential facilities as defined 
 22.25  in section 245A.02 may be disclosed to the protection and 
 22.26  advocacy system established in this state pursuant to Part C of 
 22.27  Public Law Number 98-527 to protect the legal and human rights 
 22.28  of persons with mental retardation or other related conditions 
 22.29  who live in residential facilities for these persons if the 
 22.30  protection and advocacy system receives a complaint by or on 
 22.31  behalf of that person and the person does not have a legal 
 22.32  guardian or the state or a designee of the state is the legal 
 22.33  guardian of the person; 
 22.34     (12) to the county medical examiner or the county coroner 
 22.35  for identifying or locating relatives or friends of a deceased 
 22.36  person; 
 23.1      (13) data on a child support obligor who makes payments to 
 23.2   the public agency may be disclosed to the higher education 
 23.3   coordinating board to the extent necessary to determine 
 23.4   eligibility under section 136A.121, subdivision 2, clause (5); 
 23.5      (14) participant social security numbers and names 
 23.6   collected by the telephone assistance program may be disclosed 
 23.7   to the department of revenue to conduct an electronic data match 
 23.8   with the property tax refund database to determine eligibility 
 23.9   under section 237.70, subdivision 4a; 
 23.10     (15) the current address of a recipient of aid to families 
 23.11  with dependent children may be disclosed to law enforcement 
 23.12  officers who provide the name and social security number of the 
 23.13  recipient and satisfactorily demonstrate that:  (i) the 
 23.14  recipient is a fugitive felon, including the grounds for this 
 23.15  determination; (ii) the location or apprehension of the felon is 
 23.16  within the law enforcement officer's official duties; and (iii) 
 23.17  the request is made in writing and in the proper exercise of 
 23.18  those duties; 
 23.19     (16) the current address of a recipient of general 
 23.20  assistance, work readiness, or general assistance medical care 
 23.21  may be disclosed to probation officers and corrections agents 
 23.22  who are supervising the recipient, and to law enforcement 
 23.23  officers who are investigating the recipient in connection with 
 23.24  a felony level offense; 
 23.25     (17) information obtained from food stamp applicant or 
 23.26  recipient households may be disclosed to local, state, or 
 23.27  federal law enforcement officials, upon their written request, 
 23.28  for the purpose of investigating an alleged violation of the 
 23.29  food stamp act, in accordance with Code of Federal Regulations, 
 23.30  title 7, section 272.1(c); or 
 23.31     (18) data on a child support obligor who is in arrears may 
 23.32  be disclosed for purposes of publishing the data pursuant to 
 23.33  section 518.575. 
 23.34     (b) Information on persons who have been treated for drug 
 23.35  or alcohol abuse may only be disclosed in accordance with the 
 23.36  requirements of Code of Federal Regulations, title 42, sections 
 24.1   2.1 to 2.67. 
 24.2      (c) Data provided to law enforcement agencies under 
 24.3   paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
 24.4   investigative data and are confidential or protected nonpublic 
 24.5   while the investigation is active.  The data are private after 
 24.6   the investigation becomes inactive under section 13.82, 
 24.7   subdivision 5, paragraph (a) or (b). 
 24.8      (d) Mental health data shall be treated as provided in 
 24.9   subdivisions 7, 8, and 9, but is not subject to the access 
 24.10  provisions of subdivision 10, paragraph (b). 
 24.11     Sec. 2.  Minnesota Statutes 1994, section 268.12, 
 24.12  subdivision 12, is amended to read: 
 24.13     Subd. 12.  [INFORMATION.] Except as hereinafter otherwise 
 24.14  provided, data gathered from any employing unit or individual 
 24.15  pursuant to the administration of sections 268.03 to 268.231, 
 24.16  and from any determination as to the benefit rights of any 
 24.17  individual are private data on individuals or nonpublic data not 
 24.18  on individuals as defined in section 13.02, subdivisions 9 and 
 24.19  12, and may not be disclosed except pursuant to this subdivision 
 24.20  or a court order.  These data may be disseminated to and used by 
 24.21  the following agencies without the consent of the subject of the 
 24.22  data:  
 24.23     (a) state and federal agencies specifically authorized 
 24.24  access to the data by state or federal law; 
 24.25     (b) any agency of this or any other state; or any federal 
 24.26  agency charged with the administration of an employment security 
 24.27  law or the maintenance of a system of public employment offices; 
 24.28     (c) local human rights groups within the state which have 
 24.29  enforcement powers; 
 24.30     (d) the department of revenue shall have access to 
 24.31  department of economic security private data on individuals and 
 24.32  nonpublic data not on individuals only to the extent necessary 
 24.33  for enforcement of Minnesota tax laws; 
 24.34     (e) public and private agencies responsible for 
 24.35  administering publicly financed assistance programs for the 
 24.36  purpose of monitoring the eligibility of the program's 
 25.1   recipients; 
 25.2      (f) the department of labor and industry on an 
 25.3   interchangeable basis with the department of economic security 
 25.4   subject to the following limitations and notwithstanding any law 
 25.5   to the contrary:  
 25.6      (1) the department of economic security shall have access 
 25.7   to private data on individuals and nonpublic data not on 
 25.8   individuals for uses consistent with the administration of its 
 25.9   duties under sections 268.03 to 268.231; and 
 25.10     (2) the department of labor and industry shall have access 
 25.11  to private data on individuals and nonpublic data not on 
 25.12  individuals for uses consistent with the administration of its 
 25.13  duties under state law; 
 25.14     (g) the department of trade and economic development may 
 25.15  have access to private data on individual employing units and 
 25.16  nonpublic data not on individual employing units for its 
 25.17  internal use only; when received by the department of trade and 
 25.18  economic development, the data remain private data on 
 25.19  individuals or nonpublic data; 
 25.20     (h) local and state welfare agencies for monitoring the 
 25.21  eligibility of the data subject for assistance programs, for the 
 25.22  early refund of refundable tax credits pursuant to section 3, or 
 25.23  for any employment or training program administered by those 
 25.24  agencies, whether alone, in combination with another welfare 
 25.25  agency, or in conjunction with the department of economic 
 25.26  security; 
 25.27     (i) local, state, and federal law enforcement agencies for 
 25.28  the sole purpose of ascertaining the last known address and 
 25.29  employment location of the data subject, provided the data 
 25.30  subject is the subject of a criminal investigation; and 
 25.31     (j) the department of health may have access to private 
 25.32  data on individuals and nonpublic data not on individuals solely 
 25.33  for the purposes of epidemiologic investigations.  
 25.34     Data on individuals and employing units which are 
 25.35  collected, maintained, or used by the department in an 
 25.36  investigation pursuant to section 268.18, subdivision 3, are 
 26.1   confidential as to data on individuals and protected nonpublic 
 26.2   data not on individuals as defined in section 13.02, 
 26.3   subdivisions 3 and 13, and shall not be disclosed except 
 26.4   pursuant to statute or court order or to a party named in a 
 26.5   criminal proceeding, administrative or judicial, for preparation 
 26.6   of a defense.  
 26.7      Tape recordings and transcripts of recordings of 
 26.8   proceedings before a referee of the department and exhibits 
 26.9   offered by parties other than the department and received into 
 26.10  evidence at those proceedings are private data on individuals 
 26.11  and nonpublic data not on individuals and shall be disclosed 
 26.12  only pursuant to the administration of section 268.10, 
 26.13  subdivisions 3 to 8, or pursuant to a court order.  
 26.14     Aggregate data about employers compiled from individual job 
 26.15  orders placed with the department of economic security are 
 26.16  private data on individuals and nonpublic data not on 
 26.17  individuals as defined in section 13.02, subdivisions 9 and 12, 
 26.18  if the commissioner determines that divulging the data would 
 26.19  result in disclosure of the identity of the employer.  The 
 26.20  general aptitude test battery and the nonverbal aptitude test 
 26.21  battery as administered by the department are also classified as 
 26.22  private data on individuals or nonpublic data.  
 26.23     Data on individuals collected, maintained, or created 
 26.24  because an individual applies for benefits or services provided 
 26.25  by the energy assistance and weatherization programs 
 26.26  administered by the department of economic security is private 
 26.27  data on individuals and shall not be disseminated except 
 26.28  pursuant to section 13.05, subdivisions 3 and 4.  
 26.29     Data gathered by the department pursuant to the 
 26.30  administration of sections 268.03 to 268.231 shall not be made 
 26.31  the subject or the basis for any suit in any civil proceedings, 
 26.32  administrative or judicial, unless the action is initiated by 
 26.33  the department.  
 26.34     Testimony obtained under subdivision 13 and section 268.10, 
 26.35  subdivision 3, may not be used or considered in any civil, 
 26.36  administrative, or contractual proceeding, except by a local, 
 27.1   state, or federal human rights group with enforcement powers, 
 27.2   unless the proceeding is initiated by the department. 
 27.3      Sec. 3.  [JOINT EFFORT; INCENTIVE TO WORK.] 
 27.4      The departments of human services and revenue, in 
 27.5   consultation with the department of economic security, must 
 27.6   jointly design a plan to provide the following monetary 
 27.7   supplements on a monthly basis to eligible working families:  
 27.8   federal and state earned income tax credits, property tax 
 27.9   refund, and dependent care credit.  The commissioner of human 
 27.10  services shall report the recommendations for implementation to 
 27.11  the chairs of the human services policy and funding committees 
 27.12  of the legislature by January 1, 1996.  
 27.13     Sec. 4.  [EARLY REFUND OF REFUNDABLE TAX CREDITS.] 
 27.14     Notwithstanding any law to the contrary, the commissioner 
 27.15  of revenue may in calendar years 1996 and 1997 refund on a 
 27.16  monthly basis to taxpayers selected by the commissioner of human 
 27.17  services an amount based on an estimate of how much the 
 27.18  refundable credits of Minnesota Statutes, sections 290.067, 
 27.19  290.0671, and 290A.04, generated in a month exceed the estimated 
 27.20  tax imposed under Minnesota Statutes, section 290.06, for the 
 27.21  month.  Refunds issued under this program will be considered a 
 27.22  tax on the taxpayer for the year in which the credits are 
 27.23  generated for the purposes of assessing and collecting 
 27.24  overpayments of the credits. 
 27.25                             ARTICLE 3 
 27.26     Section 1.  Minnesota Statutes 1994, section 256.031, 
 27.27  subdivision 3, is amended to read: 
 27.28     Subd. 3.  [AUTHORIZATION FOR THE DEMONSTRATION.] (a) The 
 27.29  commissioner of human services, in consultation with the 
 27.30  commissioners of education, finance, economic security, health, 
 27.31  and planning, and the director of the higher education 
 27.32  coordinating board, is authorized to proceed with the planning 
 27.33  and designing of the Minnesota family investment plan and to 
 27.34  implement the plan to test policies, methods, and cost impact on 
 27.35  an experimental basis by using field trials.  The commissioner, 
 27.36  under the authority in section 256.01, subdivision 2, shall 
 28.1   implement the plan according to sections 256.031 to 256.0361 and 
 28.2   Public Law Numbers 101-202 and 101-239, section 8015, as 
 28.3   amended.  If major and unpredicted costs to the program occur, 
 28.4   the commissioner may take corrective action consistent with 
 28.5   Public Law Numbers 101-202 and 101-239, which may include 
 28.6   termination of the program.  Before taking such corrective 
 28.7   action, the commissioner shall consult with the chairs of the 
 28.8   senate family services committee, the house health and human 
 28.9   services committee, the health care and family services division 
 28.10  of the senate family services and health care committees and the 
 28.11  human services division of the house health and human services 
 28.12  committee, or, if the legislature is not in session, consult 
 28.13  with the legislative advisory commission. 
 28.14     (b) The field trials shall be conducted as permitted under 
 28.15  federal law, for as many years as necessary, and in different 
 28.16  geographical settings, to provide reliable instruction about the 
 28.17  desirability of expanding the program statewide. 
 28.18     (c) The commissioner shall select the counties which shall 
 28.19  serve as field trial or comparison sites based on criteria which 
 28.20  ensure reliable evaluation of the program.  
 28.21     (d) The commissioner is authorized to determine the number 
 28.22  of families and characteristics of subgroups to be included in 
 28.23  the evaluation.  
 28.24     (i) A family that applies for or is currently receiving 
 28.25  financial assistance from aid to families with dependent 
 28.26  children; family general assistance or work readiness; or food 
 28.27  stamps may be tested for eligibility for aid to families with 
 28.28  dependent children or family general assistance and may be 
 28.29  assigned by the commissioner to a test or a comparison group for 
 28.30  the purposes of evaluating the family investment plan.  A family 
 28.31  found not eligible for aid to families with dependent children 
 28.32  or family general assistance will be tested for eligibility for 
 28.33  the food stamp program.  If found eligible for the food stamp 
 28.34  program, the commissioner may randomly assign the family to a 
 28.35  test group, comparison group, or neither group.  Families 
 28.36  assigned to a test group receive benefits and services through 
 29.1   the family investment plan.  Families assigned to a comparison 
 29.2   group receive benefits and services through existing programs.  
 29.3   A family may not select the group to which it is assigned.  Once 
 29.4   assigned to a group, an eligible family must remain in that 
 29.5   group for the duration of the project. 
 29.6      (ii) To evaluate the effectiveness of the family investment 
 29.7   plan, the commissioner may designate a subgroup of families from 
 29.8   the test group who shall be exempt from section 256.035, 
 29.9   subdivision 1, and shall not receive case management services 
 29.10  under section 256.035, subdivision 6a.  Families are eligible 
 29.11  for services under section 256.736 to the same extent as 
 29.12  families receiving AFDC.  
 29.13     (e) After field trials have begun, the commissioner may 
 29.14  extend field trials of the Minnesota family investment plan to 
 29.15  Ramsey county with county board consent.  This extension of the 
 29.16  field trials may be executed only if permitted under federal 
 29.17  law, and is subject to federal approval. 
 29.18                             ARTICLE 4 
 29.19     Section 1.  Minnesota Statutes 1994, section 256.736, 
 29.20  subdivision 3a, is amended to read: 
 29.21     Subd. 3a.  [PARTICIPATION.] (a) Except as provided under 
 29.22  paragraphs (b) and (c), participation in employment and training 
 29.23  services under this section is limited to the following 
 29.24  recipients:  
 29.25     (1) caretakers who are required to participate in a job 
 29.26  search under subdivision 14; 
 29.27     (2) custodial parents who are subject to the school 
 29.28  attendance or case management participation requirements under 
 29.29  subdivision 3b; 
 29.30     (3) caretakers whose participation in employment and 
 29.31  training services began prior to May 1, 1990, if the caretaker's 
 29.32  AFDC eligibility has not been interrupted for 30 days or more 
 29.33  and the caretaker's employability development plan has not been 
 29.34  completed; 
 29.35     (4) recipients who are members of a family in which the 
 29.36  youngest child is within two years of being ineligible for AFDC 
 30.1   due to age; 
 30.2      (5) custodial parents under the age of 24 who:  (i) have 
 30.3   not completed a high school education and who, at the time of 
 30.4   application for AFDC, were not enrolled in high school or in a 
 30.5   high school equivalency program; or (ii) have had little or no 
 30.6   work experience in the preceding year; 
 30.7      (6) recipients who have received AFDC for 36 or more months 
 30.8   out of the last 60 months; 
 30.9      (7) recipients who are participants in the self-employment 
 30.10  investment demonstration project under section 268.95; and 
 30.11     (8) recipients who participate in the new chance research 
 30.12  and demonstration project under contract with the department of 
 30.13  human services. 
 30.14     (b) If the commissioner determines that participation of 
 30.15  persons listed in paragraph (a) in employment and training 
 30.16  services is insufficient either to meet federal performance 
 30.17  targets or to fully utilize funds appropriated under this 
 30.18  section, the commissioner may, after notifying the chairs of the 
 30.19  senate family services committee, the house health and human 
 30.20  services committee, the family services division of the senate 
 30.21  family services and health care committees, and the human 
 30.22  services division of the house health and human services 
 30.23  committee, permit additional groups of recipients to participate 
 30.24  until the next meeting of the legislative advisory commission, 
 30.25  after which the additional groups may continue to enroll for 
 30.26  participation unless the legislative advisory commission 
 30.27  disapproves the continued enrollment.  The commissioner shall 
 30.28  allow participation of additional groups in the following order 
 30.29  only as needed to meet performance targets or fully utilize 
 30.30  funding for employment and training services under this section: 
 30.31     (1) recipients who have received 24 or more months of AFDC 
 30.32  out of the previous 48 months; and 
 30.33     (2) recipients who have not completed a high school 
 30.34  education or a high school equivalency program. 
 30.35     (c) To the extent of money appropriated specifically for 
 30.36  this paragraph, the commissioner may permit AFDC caretakers who 
 31.1   are not eligible for participation in employment and training 
 31.2   services under the provisions of paragraph (a) or (b) to 
 31.3   participate.  Money must be allocated to county agencies based 
 31.4   on the county's percentage of participants statewide in services 
 31.5   under this section in the prior calendar year.  Caretakers must 
 31.6   be selected on a first-come, first-served basis from a waiting 
 31.7   list of caretakers who volunteer to participate.  The 
 31.8   commissioner may, on a quarterly basis, reallocate unused 
 31.9   allocations to county agencies that have sufficient volunteers.  
 31.10  If funding under this paragraph is discontinued in future fiscal 
 31.11  years, caretakers who began participating under this paragraph 
 31.12  must be deemed eligible under paragraph (a), clause (3). 
 31.13     (d) Participants who are eligible to enroll in the STRIDE 
 31.14  program under one of the categories of this subdivision are 
 31.15  required to cooperate with the assessment and employability plan 
 31.16  development, and to meet the terms of their employability plan.  
 31.17  Failure to comply, without good cause, shall result in the 
 31.18  imposition of sanctions as specified in subdivision 4, paragraph 
 31.19  (6). 
 31.20     Sec. 2.  Minnesota Statutes 1994, section 256.736, 
 31.21  subdivision 4a, is amended to read: 
 31.22     Subd. 4a.  [NOTICE, CONCILIATION, AND RIGHT OF APPEAL.] If 
 31.23  the employment and training service provider determines that the 
 31.24  caretaker has failed or refused, without good cause, to 
 31.25  cooperate or accept employment, the employment and training 
 31.26  service provider shall issue to the caretaker a written notice 
 31.27  of its determination of noncooperation or refusal to accept 
 31.28  employment.  The notice must include a detailed explanation of 
 31.29  the reason for the determination and must specify the 
 31.30  consequences for failure or refusal to cooperate or accept 
 31.31  employment, the actions which the employment and training 
 31.32  service provider believes are necessary for the caretaker to 
 31.33  comply with the employment and training program, and the right 
 31.34  to request, within ten days of ~~receipt of~~ the date the notice 
 31.35  was mailed or hand delivered, a conciliation conference.  The 
 31.36  employment and training service provider or the county agency 
 32.1   must conduct a conciliation conference within five days of a 
 32.2   timely request.  If the dispute between the employment and 
 32.3   training service provider and the caretaker is not resolved in 
 32.4   the conciliation conference or a request for a conciliation 
 32.5   conference is not made within the required time, ~~then~~ the 
 32.6   employment and training service provider shall notify the county 
 32.7   board of a caretaker's failure without good cause to cooperate 
 32.8   or accept employment.  Unless the county agency has evidence to 
 32.9   the contrary, the county agency shall implement the sanction 
 32.10  provisions of subdivision 4.  Any determination, action, or 
 32.11  inaction on the part of the county board relating to a 
 32.12  caretaker's participation under section 256.736 is subject to 
 32.13  the notice and hearing procedures in section 256.045, and Code 
 32.14  of Federal Regulations, title 45, section 205.10. 
 32.15     Sec. 3.  Minnesota Statutes 1994, section 256.736, 
 32.16  subdivision 10, is amended to read: 
 32.17     Subd. 10.  [COUNTY DUTIES.] (a) To the extent of available 
 32.18  state appropriations, county boards shall:  
 32.19     (1) refer all mandatory and eligible volunteer caretakers 
 32.20  permitted to participate under subdivision 3a to an employment 
 32.21  and training service provider for participation in employment 
 32.22  and training services; 
 32.23     (2) identify to the employment and training service 
 32.24  provider the target group of which the referred caretaker is a 
 32.25  member; 
 32.26     (3) provide all caretakers with an orientation which meets 
 32.27  the requirements in subdivisions 10a and 10b; 
 32.28     (4) work with the employment and training service provider 
 32.29  to encourage voluntary participation by caretakers in the target 
 32.30  groups; 
 32.31     (5) work with the employment and training service provider 
 32.32  to collect data as required by the commissioner; 
 32.33     (6) to the extent permissible under federal law, require 
 32.34  all caretakers coming into the AFDC program to attend 
 32.35  orientation; 
 32.36     (7) encourage nontarget caretakers to develop a plan to 
 33.1   obtain self-sufficiency; 
 33.2      (8) notify the commissioner of the caretakers required to 
 33.3   participate in employment and training services; 
 33.4      (9) inform appropriate caretakers of opportunities 
 33.5   available through the head start program and encourage 
 33.6   caretakers to have their children screened for enrollment in the 
 33.7   program where appropriate; 
 33.8      (10) provide transportation assistance using available 
 33.9   funds to caretakers who participate in employment and training 
 33.10  programs; 
 33.11     (11) ensure that orientation, job search, services to 
 33.12  custodial parents under the age of 20, educational activities 
 33.13  and work experience for AFDC-UP families, and case management 
 33.14  services are made available to appropriate caretakers under this 
 33.15  section, except that payment for case management services is 
 33.16  governed by subdivision 13; 
 33.17     (12) explain in its local service unit plan under section 
 33.18  268.88 how it will ensure that target caretakers determined to 
 33.19  be in need of social services are provided with such social 
 33.20  services.  The plan must specify how the case manager and the 
 33.21  county social service workers will ensure delivery of needed 
 33.22  services; 
 33.23     (13) to the extent allowed by federal laws and regulations, 
 33.24  provide a job search program as defined in subdivision 14, a 
 33.25  community work experience program as defined in section 256.737, 
 33.26  grant diversion as defined in section 256.739, and on-the-job 
 33.27  training as defined in section 256.738.  A county may also 
 33.28  provide another work and training program approved by the 
 33.29  commissioner and the secretary of the United States Department 
 33.30  of Health and Human Services.  Planning and approval for 
 33.31  employment and training services listed in this clause must be 
 33.32  obtained through submission of the local service unit plan as 
 33.33  specified under section 268.88.  A county is not required to 
 33.34  provide a community work experience program if the county agency 
 33.35  is successful in placing at least 40 percent of the monthly 
 33.36  average of all caretakers who are subject to the job search 
 34.1   requirements of subdivision 14 in grant diversion or on-the-job 
 34.2   training program; 
 34.3      (14) prior to participation, provide an assessment of each 
 34.4   AFDC recipient who is required or volunteers to participate in 
 34.5   an approved employment and training service.  The assessment 
 34.6   must include an evaluation of the participant's (i) educational, 
 34.7   child care, and other supportive service needs; (ii) skills and 
 34.8   prior work experience; and (iii) ability to secure and retain a 
 34.9   job which, when wages are added to child support, will support 
 34.10  the participant's family.  The assessment must also include a 
 34.11  review of the results of the early and periodic screening, 
 34.12  diagnosis and treatment (EPSDT) screening and preschool 
 34.13  screening under chapter 123, if available; the participant's 
 34.14  family circumstances; and, in the case of a custodial parent 
 34.15  under the age of 18, a review of the effect of a child's 
 34.16  development and educational needs on the parent's ability to 
 34.17  participate in the program; 
 34.18     (15) develop an employability development plan for each 
 34.19  recipient for whom an assessment is required under clause (14) 
 34.20  which:  (i) reflects the assessment required by clause (14); (ii)
 34.21  takes into consideration the recipient's physical capacity, 
 34.22  skills, experience, health and safety, family responsibilities, 
 34.23  place of residence, proficiency, child care and other supportive 
 34.24  service needs; (iii) is based on available resources and local 
 34.25  employment opportunities; (iv) specifies the services to be 
 34.26  provided by the employment and training service provider; (v) 
 34.27  specifies the activities the recipient will participate in, 
 34.28  including the worksite to which the caretaker will be assigned, 
 34.29  if the caretaker is subject to the requirements of section 
 34.30  256.737, subdivision 2; (vi) specifies necessary supportive 
 34.31  services such as child care; (vii) to the extent possible, 
 34.32  reflects the preferences of the participant; and (viii) 
 34.33  specifies the recipient's long-term employment goal which shall 
 34.34  lead to self-sufficiency; 
 34.35     (16) obtain the written or oral concurrence of the 
 34.36  appropriate exclusive bargaining representatives with respect to 
 35.1   job duties covered under collective bargaining agreements to 
 35.2   assure that no work assignment under this section or sections 
 35.3   256.737, 256.738, and 256.739 results in:  (i) termination, 
 35.4   layoff, or reduction of the work hours of an employee for the 
 35.5   purpose of hiring an individual under this section or sections 
 35.6   256.737, 256.738, and 256.739; (ii) the hiring of an individual 
 35.7   if any other person is on layoff from the same or a 
 35.8   substantially equivalent job; (iii) any infringement of the 
 35.9   promotional opportunities of any currently employed individual; 
 35.10  (iv) the impairment of existing contracts for services or 
 35.11  collective bargaining agreements; or (v) except for on-the-job 
 35.12  training under section 256.738, a participant filling an 
 35.13  established unfilled position vacancy; ~~and~~ 
 35.14     (17) assess each caretaker in an AFDC-UP family who is 
 35.15  under age 25, has not completed high school or a high school 
 35.16  equivalency program, and who would otherwise be required to 
 35.17  participate in a work experience placement under section 256.737 
 35.18  to determine if an appropriate secondary education option is 
 35.19  available for the caretaker.  If an appropriate secondary 
 35.20  education option is determined to be available for the 
 35.21  caretaker, the caretaker must, in lieu of participating in work 
 35.22  experience, enroll in and meet the educational program's 
 35.23  participation and attendance requirements.  "Secondary 
 35.24  education" for this paragraph means high school education or 
 35.25  education designed to prepare a person to qualify for a high 
 35.26  school equivalency certificate, basic and remedial education, 
 35.27  and English as a second language education.  A caretaker 
 35.28  required to participate in secondary education who, without good 
 35.29  cause, fails to participate shall be subject to the provisions 
 35.30  of subdivision 4a and the sanction provisions of subdivision 4, 
 35.31  clause (6).  For purposes of this clause, "good cause" means the 
 35.32  inability to obtain licensed or legal nonlicensed child care 
 35.33  services needed to enable the caretaker to attend, inability to 
 35.34  obtain transportation needed to attend, illness or incapacity of 
 35.35  the caretaker or another member of the household which requires 
 35.36  the caretaker to be present in the home, or being employed for 
 36.1   more than 30 hours per week~~.~~; and 
 36.2      (18) the commissioner of human services in consultation 
 36.3   with the commissioner of economic security, county agency staff, 
 36.4   and STRIDE provider staff shall develop and implement statewide 
 36.5   standards for satisfactory progress for STRIDE participants who 
 36.6   are enrolled in education or training programs.  The resulting 
 36.7   standards shall be implemented at the earliest possible date, 
 36.8   but no later than July 1, 1996. 
 36.9      (b) Funds available under this subdivision may not be used 
 36.10  to assist, promote, or deter union organizing. 
 36.11     (c) A county board may provide other employment and 
 36.12  training services that it considers necessary to help caretakers 
 36.13  obtain self-sufficiency. 
 36.14     (d) Notwithstanding section 256G.07, when a target 
 36.15  caretaker relocates to another county to implement the 
 36.16  provisions of the caretaker's case management contract or other 
 36.17  written employability development plan approved by the county 
 36.18  human service agency, its case manager or employment and 
 36.19  training service provider, the county that approved the plan is 
 36.20  responsible for the costs of case management and other services 
 36.21  required to carry out the plan, including employment and 
 36.22  training services.  The county agency's responsibility for the 
 36.23  costs ends when all plan obligations have been met, when the 
 36.24  caretaker loses AFDC eligibility for at least 30 days, or when 
 36.25  approval of the plan is withdrawn for a reason stated in the 
 36.26  plan, whichever occurs first.  Responsibility for the costs of 
 36.27  child care must be determined under chapter 256H.  A county 
 36.28  human service agency may pay for the costs of case management, 
 36.29  child care, and other services required in an approved 
 36.30  employability development plan when the nontarget caretaker 
 36.31  relocates to another county or when a target caretaker again 
 36.32  becomes eligible for AFDC after having been ineligible for at 
 36.33  least 30 days.  
 36.34     Sec. 4.  Minnesota Statutes 1994, section 256.736, 
 36.35  subdivision 16, is amended to read: 
 36.36     Subd. 16.  [ALLOCATION AND USE OF MONEY.] (a) State money 
 37.1   appropriated for employment and training services under this 
 37.2   section must be allocated to counties as specified in paragraphs 
 37.3   (b) to ~~(j)~~ (l). 
 37.4      (b) For purposes of this subdivision, "targeted caretaker" 
 37.5   means a recipient who: 
 37.6      (1) is a custodial parent under the age of 24 who:  (i) has 
 37.7   not completed a high school education and at the time of 
 37.8   application for AFDC is not enrolled in high school or in a high 
 37.9   school equivalency program; or (ii) had little or no work 
 37.10  experience in the preceding year; 
 37.11     (2) is a member of a family in which the youngest child is 
 37.12  within two years of being ineligible for AFDC due to age; or 
 37.13     (3) has received 36 months or more of AFDC over the last 60 
 37.14  months. 
 37.15     (c) One hundred percent of the money appropriated for case 
 37.16  management services as described in subdivision 11 must be 
 37.17  allocated to counties based on the average number of cases in 
 37.18  each county described in clause (1).  Money appropriated for 
 37.19  employment and training services as described in subdivision 1a, 
 37.20  paragraph (d), other than case management services, must be 
 37.21  allocated to counties as follows: 
 37.22     (1) Forty percent of the state money must be allocated 
 37.23  based on the average number of cases receiving AFDC in the 
 37.24  county which either have been open for 36 or more consecutive 
 37.25  months or have a caretaker who is under age 24 and who has no 
 37.26  high school or general equivalency diploma.  The average number 
 37.27  of cases must be based on counts of these cases as of March 31, 
 37.28  June 30, September 30, and December 31 of the previous year. 
 37.29     (2) Twenty percent of the state money must be allocated 
 37.30  based on the average number of cases receiving AFDC in the 
 37.31  county which are not counted under clause (1).  The average 
 37.32  number of cases must be based on counts of cases as of March 31, 
 37.33  June 30, September 30, and December 31 of the previous year.  
 37.34     (3) Twenty-five percent of the state money must be 
 37.35  allocated based on the average monthly number of assistance 
 37.36  units in the county receiving AFDC-UP for the period ending 
 38.1   December 31 of the previous year. 
 38.2      (4) Fifteen percent of the state money must be allocated at 
 38.3   the discretion of the commissioner based on participation levels 
 38.4   for target group members in each county. 
 38.5      (d) No more than 15 percent of the money allocated under 
 38.6   paragraph (b) and no more than 15 percent of the money allocated 
 38.7   under paragraph (c) may be used for administrative activities. 
 38.8      (e) At least 55 percent of the money allocated to counties 
 38.9   under paragraph (c) must be used for employment and training 
 38.10  services for caretakers in the target groups, and up to 45 
 38.11  percent of the money may be used for employment and training 
 38.12  services for nontarget caretakers.  One hundred percent of the 
 38.13  money allocated to counties for case management services must be 
 38.14  used to provide those services to caretakers in the target 
 38.15  groups. 
 38.16     (f) Money appropriated to cover the nonfederal share of 
 38.17  costs for bilingual case management services to refugees for the 
 38.18  employment and training programs under this section are 
 38.19  allocated to counties based on each county's proportion of the 
 38.20  total statewide number of AFDC refugee cases.  However, counties 
 38.21  with less than one percent of the statewide number of AFDC 
 38.22  refugee cases do not receive an allocation.  
 38.23     (g) Counties, the department of economic security, and 
 38.24  entities under contract with either the department of economic 
 38.25  security or the department of human services for provision of 
 38.26  Project STRIDE related services shall bill the commissioner of 
 38.27  human services for any expenditures incurred by the county, the 
 38.28  county's employment and training service provider, or the 
 38.29  department of economic security that may be reimbursed by 
 38.30  federal money.  The commissioner of human services shall bill 
 38.31  the United States Department of Health and Human Services and 
 38.32  the United States Department of Agriculture for the 
 38.33  reimbursement and appropriate the reimbursed money to the 
 38.34  county, the department of economic security, or employment and 
 38.35  training service provider that submitted the original bill.  The 
 38.36  reimbursed money must be used to expand employment and training 
 39.1   services. 
 39.2      (h) The commissioner of human services shall review county 
 39.3   expenditures of case management and employment and training 
 39.4   block grant money at the end of the third quarter of the 
 39.5   biennium and each quarter after that, and may reallocate 
 39.6   unencumbered or unexpended money allocated under this section to 
 39.7   those counties that can demonstrate a need for additional 
 39.8   money.  Reallocation of funds must be based on the formula set 
 39.9   forth in paragraph (a), excluding the counties that have not 
 39.10  demonstrated a need for additional funds. 
 39.11     (i) The county agency may continue to provide case 
 39.12  management and supportive services to a participant for up to 90 
 39.13  days after the participant loses AFDC eligibility and may 
 39.14  continue providing a specific employment and training service 
 39.15  for the duration of that service to a participant if funds for 
 39.16  the service are obligated or expended prior to the participant 
 39.17  losing AFDC eligibility. 
 39.18     (j) One hundred percent of the money appropriated for an 
 39.19  unemployed parent work experience program under section 256.737 
 39.20  must be allocated to counties based on the average monthly 
 39.21  number of assistance units in the county receiving AFDC-UP for 
 39.22  the period ending December 31 of the previous year.  
 39.23     (k) The commissioner, in consultation with the commissioner 
 39.24  of economic security, county agency staff, and STRIDE provider 
 39.25  staff shall develop and implement a statewide plan to make state 
 39.26  payments to STRIDE providers dependent on the attainment of 
 39.27  specific employment related performance standards.  Factors to 
 39.28  be considered when developing performance standards include, but 
 39.29  are not limited to:  (1) job placement rate; (2) length of job 
 39.30  retention; (3) wage rate at job placement; (4) AFDC closings due 
 39.31  to increased earned income; (5) average cost per job placement; 
 39.32  and (6) average length of time participants are on AFDC.  The 
 39.33  resulting performance standards shall be implemented at the 
 39.34  earliest possible date, but no later than July 1, 1996. 
 39.35     (l) The commissioner may waive the requirement of paragraph 
 39.36  (e) that case management funds be spent only on case management 
 40.1   services in order to permit the development of a unified project 
 40.2   STRIDE funding allocation for each county agency.  The unified 
 40.3   allocation may be expended by the county agency for case 
 40.4   management and employment and training activities in the 
 40.5   proportion determined necessary to streamline administrative 
 40.6   procedures and enhance program performance.  The commissioner, 
 40.7   in consultation with the commissioner of economic security, may 
 40.8   also grant a waiver from program spending limits in paragraphs 
 40.9   (d) and (e) to any county which can demonstrate increased 
 40.10  program effectiveness through a written request to the 
 40.11  department.  Counties which request a waiver of the spending 
 40.12  limits in paragraphs (d) and (e) shall amend their local service 
 40.13  unit plans and receive approval from the commissioner of 
 40.14  economic security prior to commencing the waiver.  The 
 40.15  commissioners of human services and economic security shall 
 40.16  annually evaluate the effectiveness of all waivers approved 
 40.17  under this subdivision.  Such waivers shall not require federal 
 40.18  waiver authority. 
 40.19     Sec. 5.  Minnesota Statutes 1994, section 256.736, is 
 40.20  amended by adding a subdivision to read: 
 40.21     Subd. 20.  [SPECIAL PROVISIONS FOR PERSONS PARTICIPATING IN 
 40.22  EDUCATIONAL PROGRAMS.] The provisions of this subdivision are 
 40.23  applicable to all project STRIDE participants, including those 
 40.24  subject to subdivision 3b and section 256.737. 
 40.25     (a) When a high school equivalency program is selected as 
 40.26  the appropriate educational option for any recipient eligible to 
 40.27  participate under subdivision 3a, the recipient must participate 
 40.28  in high school equivalency classroom instruction for at least 
 40.29  six hours per week, meet the attendance and satisfactory 
 40.30  progress requirements as defined by the employment and training 
 40.31  service provider in consultation with the provider of the high 
 40.32  school equivalency program, and concurrently work a monthly 
 40.33  average of not less than 64 hours in employment paying at least 
 40.34  minimum wage or in documented volunteer work.  Failure to 
 40.35  comply, without good cause, with this requirement shall result 
 40.36  in the imposition of sanctions as specified in subdivision 4, 
 41.1   paragraph (6). 
 41.2      (b) Concurrent with participation in post-secondary 
 41.3   education or training approved in an employability development 
 41.4   plan under subdivision 10, paragraph (a), clause (15), the 
 41.5   participant must work a minimum of 64 hours per month in 
 41.6   employment paying at least minimum wage or in documented 
 41.7   volunteer work for a public or nonprofit agency and agree to 
 41.8   search for and accept any offer of suitable employment upon 
 41.9   completion of the education or training.  Failure to work the 
 41.10  required number of hours per month, to search for employment, or 
 41.11  to accept a suitable offer of employment after completing 
 41.12  education or training will result in the imposition of sanctions 
 41.13  as specified in subdivision 4, paragraph (6). 
 41.14                             ARTICLE 5 
 41.15     Section 1.  [APPROPRIATIONS.] 
 41.16     Subdivision 1.  [APPROPRIATIONS.] The appropriations in 
 41.17  this section are from the general fund to the commissioner of 
 41.18  human services and are available for the fiscal year ending June 
 41.19  30, 1996, and are added to, or subtracted from the appropriation 
 41.20  in Laws 1993, First Special Session, chapter 1, article 1, 
 41.21  section 2. 
 41.22     Subd. 2.  [MINNESOTA PARENTS' FAIR SHARE PILOT 
 41.23  PROJECT.] $500,000 is appropriated for the following purposes:  
 41.24     (a) $300,000 for a grant to Ramsey county to enable the 
 41.25  county to participate in the Minnesota parents' fair share pilot 
 41.26  project.  As a condition of this grant, the commissioner may 
 41.27  require a local match from the county.  
 41.28     (b) $50,000 each added to the appropriations to Anoka and 
 41.29  Dakota counties for costs associated with the Minnesota parents' 
 41.30  fair share pilot project.  
 41.31     (c) $100,000 for the cost associated with the mandatory 
 41.32  community work experience component of the Minnesota parents' 
 41.33  fair share pilot project.  
 41.34     (d) The Minnesota parents' fair share pilot project shall 
 41.35  include a mandatory community work experience component for 
 41.36  participants who fail to comply with the requirements of the 
 42.1   pilot project. 
 42.2                              ARTICLE 6 
 42.3      Section 1.  Minnesota Statutes 1994, section 256.73, 
 42.4   subdivision 3a, is amended to read: 
 42.5      Subd. 3a.  [PERSONS INELIGIBLE.] No assistance shall be 
 42.6   given under sections 256.72 to 256.87:  
 42.7      (1) on behalf of any person who is receiving supplemental 
 42.8   security income under title XVI of the Social Security Act 
 42.9   unless permitted by federal regulations; 
 42.10     (2) for any month in which the assistance unit's gross 
 42.11  income, without application of deductions or disregards, exceeds 
 42.12  185 percent of the standard of need for a family of the same 
 42.13  size and composition; except that the earnings of a dependent 
 42.14  child who is a full-time student may be disregarded for six 
 42.15  months per calendar year and the earnings of a dependent child 
 42.16  that are derived from the jobs training and partnership act 
 42.17  (JTPA) may be disregarded for six months per calendar year.  
 42.18  These two earnings disregards cannot be combined to allow more 
 42.19  than a total of six months per calendar year when the earned 
 42.20  income of a full-time student is derived from participation in a 
 42.21  program under the JTPA.  If a stepparent's income is taken into 
 42.22  account in determining need, the disregards specified in section 
 42.23  256.74, subdivision 1a, shall be applied to determine income 
 42.24  available to the assistance unit before calculating the unit's 
 42.25  gross income for purposes of this paragraph; 
 42.26     (3) to any assistance unit for any month in which any 
 42.27  caretaker relative with whom the child is living is, on the last 
 42.28  day of that month, participating in a strike; 
 42.29     (4) on behalf of any other individual in the assistance 
 42.30  unit, nor shall the individual's needs be taken into account for 
 42.31  any month in which, on the last day of the month, the individual 
 42.32  is participating in a strike; 
 42.33     (5) on behalf of any individual who is the principal earner 
 42.34  in an assistance unit whose eligibility is based on the 
 42.35  unemployment of a parent when the principal earner, without good 
 42.36  cause, fails or refuses to accept employment, or to register 
 43.1   with a public employment office, unless the principal earner is 
 43.2   exempt from these work requirements; and 
 43.3      (6) to any assistance unit which has not received a cash 
 43.4   payment for at least 12 months under AFDC in Minnesota or 
 43.5   participated in the work first program for at least 12 months, 
 43.6   and is required to work under the work first program. 
 43.7      Sec. 2.  [256.7351] [WORK FIRST PROGRAM.] 
 43.8      Subdivision 1.  [CITATION.] Sections 256.7351 to 256.7359 
 43.9   may be cited as the work first program. 
 43.10     Subd. 2.  [DEFINITIONS.] As used in sections 256.7351 to 
 43.11  256.7359, the following words have the meanings given them: 
 43.12     (1) "AFDC" means aid to families with dependent children. 
 43.13     (2) "AFDC-UP" means AFDC clients who are eligible for 
 43.14  assistance by reason of unemployment as defined by the 
 43.15  commissioner under section 256.12, subdivision 14. 
 43.16     (3) "Applicant" means an individual who has submitted a 
 43.17  request for assistance under the AFDC or FGA program, and for at 
 43.18  least 12 months has not received an AFDC or FGA grant in 
 43.19  Minnesota or participated in the work first program. 
 43.20     (4) "Application date" means the date any Minnesota county 
 43.21  agency receives a signed and dated CAF Part I. 
 43.22     (5) "CAF" means a combined application form on which people 
 43.23  apply for multiple assistance programs including:  aid to 
 43.24  families with dependent children, refugee cash assistance, 
 43.25  general assistance, work readiness, Minnesota supplemental aid, 
 43.26  food stamps, medical assistance, general assistance medical 
 43.27  care, emergency assistance, emergency medical assistance, and 
 43.28  emergency general assistance medical care. 
 43.29     (6) "Caretaker" means a parent or eligible adult, including 
 43.30  a pregnant woman, who is part of the assistance unit that has 
 43.31  applied for or is receiving an AFDC or FGA grant. 
 43.32     (7) "Child support" means a voluntary or court-ordered 
 43.33  payment by absent parents in an assistance unit. 
 43.34     (8) "Commissioner" means the commissioner of human services.
 43.35     (9) "Department" means the department of human services. 
 43.36     (10) "Employability development plan" or "EDP" means a plan 
 44.1   developed by the applicant, with advice from the employment 
 44.2   advisor, for the purposes of identifying an employment goal, 
 44.3   improving work skills through education, training or skills 
 44.4   recertification, and which addresses barriers to employment. 
 44.5      (11) "EDP status report form" means a program form on which 
 44.6   deferred participants indicate what has been achieved in the 
 44.7   participant's EDP and the types of problems encountered. 
 44.8      (12) "Employment advisor" means a program staff who is 
 44.9   qualified to assist the participant to develop a job search or 
 44.10  employability development plan; match the participant with 
 44.11  existing job openings; refer the participant to employers; and 
 44.12  has an extensive knowledge of employers in the area. 
 44.13     (13) "Financial specialist" means a program staff who is 
 44.14  trained to explain the benefits offered under the program; 
 44.15  determine eligibility for different assistance programs; and 
 44.16  broker other resources from employers and the community. 
 44.17     (14) "Job network" means an informal group of people that a 
 44.18  person may contact to learn more about particular companies, 
 44.19  inquire about job leads, or discuss one's occupational interests 
 44.20  and expertise. 
 44.21     (15) "Job search allowance" means the amount needed to 
 44.22  support job search or while the caretaker is deferred from the 
 44.23  job search requirement. 
 44.24     (16) "Job search plan" or "JSP" means the specific plan 
 44.25  developed by the applicant, with advice from the employment 
 44.26  advisor, to secure a job as soon as possible, and focus the 
 44.27  scope of the search process and other activities.  Under the 
 44.28  work first program, a job search plan shall meet the 
 44.29  requirements for an EDP under section 256.736, subdivision 10, 
 44.30  paragraph (a), clause (15). 
 44.31     (17) "JSP status report form" means a program form on which 
 44.32  participants indicate the number of submitted job applications, 
 44.33  job interviews held, jobs offered, other outcomes achieved, 
 44.34  problems encountered, and the total number of hours spent on job 
 44.35  search per week. 
 44.36     (18) "Net income" means gross wages minus the amount 
 45.1   withheld for state, federal income and social security taxes, 
 45.2   and union dues. 
 45.3      (19) "Participant" means a recipient who is required to 
 45.4   participate in the work first program, in lieu of receiving aid 
 45.5   under the AFDC or FGA program. 
 45.6      (20) "Program" means the work first program. 
 45.7      (21) "Provider" means a legal entity responsible for the 
 45.8   administration of the work first program including transitional 
 45.9   benefits. 
 45.10     (22) "Self-employment" means employment where people work 
 45.11  for themselves rather than an employer, are responsible for 
 45.12  their own work schedule, and do not have taxes or FICA withheld 
 45.13  by an employer. 
 45.14     (23) "Social contract" means the agreement between the 
 45.15  provider or its representative and the applicant that describes 
 45.16  the activities that the applicant must conduct and the necessary 
 45.17  enabling services and aid to be furnished by the provider to 
 45.18  enable the individual to meet the purpose of either the JSP or 
 45.19  EDP. 
 45.20     (24) "Stipend" means a payment for work in a temporary 
 45.21  public service job. 
 45.22     (25) "Subsidized job" means a job that is partly reimbursed 
 45.23  by the provider for cost of wages for participants in the 
 45.24  program. 
 45.25     (26) "Wage supplement" means an amount intended to ensure 
 45.26  that the net income that a participant earns while participating 
 45.27  in the program is not less than the grant that the participant 
 45.28  would otherwise receive under the AFDC or FGA program. 
 45.29     Subd. 3.  [ESTABLISHING WORK FIRST PROGRAM.] The 
 45.30  commissioners of human services and economic security shall 
 45.31  develop and establish a program which requires applicants for 
 45.32  aid under AFDC under section 256.72, or general assistance 
 45.33  program (FGA), under section 256D.05, subdivision 1, clause 15, 
 45.34  in selected pilot counties to work under the work first program, 
 45.35  in lieu of receiving payments under the AFDC or FGA program, 
 45.36  whichever is applicable.  The purpose of the program is to 
 46.1   assure that: 
 46.2      (1) the participant who would otherwise be eligible for an 
 46.3   AFDC or FGA grant is working as early as possible; 
 46.4      (2) to promote greater opportunity for economic 
 46.5   self-support, participation, and mobility in the work force; and 
 46.6      (3) to minimize the risk for long-term welfare dependency. 
 46.7      Subd. 4.  [PROGRAM ADMINISTRATION.] The program must be 
 46.8   administered in a way that, in addition to the county agency, 
 46.9   other sectors in the community such as employers from the public 
 46.10  and private sectors, not-for-profit organizations, educational 
 46.11  and social service agencies, and neighborhood associations are 
 46.12  involved.  To the extent possible, program operation shall be 
 46.13  advised and supported by a voluntary local cooperative organized 
 46.14  specifically for the program. 
 46.15     Subd. 5.  [PROGRAM DESIGN.] The program shall be designed 
 46.16  to meet the following principles: 
 46.17     (1) work is the primary means of economic support; 
 46.18     (2) the individuals's potential is reviewed during the 
 46.19  application process to determine how to approach the job market 
 46.20  aggressively; 
 46.21     (3) public aid such as cash and medical assistance, child 
 46.22  care, child support assurance, and other cash benefits are used 
 46.23  to support intensive job search and immediate work; and 
 46.24     (4) maximum use is made of tax credits to supplement income.
 46.25     Subd. 6.  [WAIVER REQUESTS.] The department shall request 
 46.26  all waivers to implement the program by July 1, 1996, or at the 
 46.27  earliest possible date.  Upon obtaining all waivers, the 
 46.28  department shall amend the state plans for the AFDC and the Jobs 
 46.29  Opportunities and Basic Skills Program (JOBS), Child Care and 
 46.30  Development Block Grant and Supportive Services plan to 
 46.31  coordinate these programs under the work first program for the 
 46.32  pilot counties, and shall seek approval of state plan 
 46.33  amendments.  The department shall request all waivers from 
 46.34  federal statutes and regulations to qualify the program as a 
 46.35  federally approved demonstration project under United States 
 46.36  Code, title 42, section 1315, of the Social Security Act. 
 47.1      Subd. 7.  [COMPARISON SITES; PROGRAM EVALUATION.] The 
 47.2   commissioners of human services and economic security shall 
 47.3   select the counties which shall serve as field trial or 
 47.4   comparison sites for three years based on criteria which ensure 
 47.5   reliable evaluation of the program.  
 47.6      Subd. 8.  [DUTIES OF THE COMMISSIONER.] In addition to any 
 47.7   other duties imposed by law, the commissioner shall:  
 47.8      (1) request all waivers to implement the program by July 1, 
 47.9   1996, or at the earliest possible date; 
 47.10     (2) establish the program according to sections 256.7351 to 
 47.11  256.7359 and allocate money to pilot counties participating in 
 47.12  the program; 
 47.13     (3) ensure that systems development and staff retraining 
 47.14  are funded and accomplished; 
 47.15     (4) accept and supervise the disbursement of any funds that 
 47.16  may be provided from other sources for use in the demonstration 
 47.17  program; and 
 47.18     (5) direct a study to safeguard the interests of children. 
 47.19     Subd. 9.  [DUTIES OF THE COUNTY AGENCY.] The county agency 
 47.20  shall: 
 47.21     (1) collaborate with the commissioners of human services 
 47.22  and economic security and other agencies to develop, implement, 
 47.23  and evaluate the demonstration of the work first program; 
 47.24     (2) operate the work first program in partnership with 
 47.25  private and public employers, local industry councils, and 
 47.26  employment, educational, and social service agencies and 
 47.27  according to subdivision 4; 
 47.28     (3) ensure that program components such as client 
 47.29  orientation, immediate job search, job development, creation of 
 47.30  temporary public service jobs, job placements and post placement 
 47.31  follow-up are implemented according to the work first program; 
 47.32  and 
 47.33     (4) consider extending mandatory participation in 
 47.34  employment and training services under section 256.736 to 
 47.35  participants who have completed the program without 
 47.36  succcessfully securing a job. 
 48.1      Subd. 10.  [DUTIES OF THE PARTICIPANT.] To be eligible for 
 48.2   the work first program, a participant shall cooperate with the 
 48.3   county agency, the provider, and the participant's employer in 
 48.4   all aspects of the program. 
 48.5      Sec. 3.  [256.7352] [PROGRAM PARTICIPANTS.] 
 48.6      Applicants who have not received aid under the AFDC or FGA 
 48.7   program in Minnesota for at least 12 months, nor participated in 
 48.8   the work first program for at least 12 months shall be required 
 48.9   to work under the work first program unless they belong to any 
 48.10  of the following groups: 
 48.11     (1) caretakers under age 20 who have not completed a high 
 48.12  school education and are attending high school on a full-time 
 48.13  basis; 
 48.14     (2) individuals who are age 60 or older; 
 48.15     (3) individuals who are suffering from a professionally 
 48.16  certified permanent or temporary illness, injury, or incapacity 
 48.17  which is expected to continue for more than 30 days and which 
 48.18  prevents the person from obtaining or retaining employment; 
 48.19     (4) caretakers whose presence in the home is needed because 
 48.20  of illness or incapacity of another member in the household; 
 48.21     (5) women who are pregnant, if it has been medically 
 48.22  verified that the child is expected to be born within the next 
 48.23  six months; 
 48.24     (6) caretakers or other caretaker relatives of a child 
 48.25  under the age of three who personally provide full-time care for 
 48.26  the child; 
 48.27     (7) individuals for whom participation would require a 
 48.28  round trip commuting time by available transportation of more 
 48.29  than two hours, excluding transporting of children for child 
 48.30  care; or 
 48.31     (8) caretakers who are eligible under the AFDC-UP program. 
 48.32     Sec. 4.  [256.7353] [PROGRAM REQUIREMENTS.] 
 48.33     Subdivision 1.  [IMMEDIATE JOB SEARCH.] Unless deferred 
 48.34  under subdivision 6, all applicants will be required to conduct 
 48.35  job search within seven days after the date of application for 
 48.36  at least 32 hours per week for up to eight weeks.  Within the 
 49.1   first week of job search, the applicant or the participant is 
 49.2   required to initiate informational contacts with employers, 
 49.3   generate additional job leads from one's job network, review 
 49.4   references and experiences from previous employment, and carry 
 49.5   out other activities as described under the job search plan 
 49.6   under subdivision 3. 
 49.7      Subd. 1a.  [NOTIFICATION OF PROGRAM.] Except for the 
 49.8   provisions in this section, the general provisions for AFDC and 
 49.9   FGA application process shall be followed.  Within two days 
 49.10  after the receipt of a completed combined application form, the 
 49.11  county agency must refer to the provider the applicant who meets 
 49.12  the conditions under section 256.73, subdivision 3a, clause (6), 
 49.13  and notify the applicant in writing of the program including the 
 49.14  following provisions: 
 49.15     (1) notification that the applicant's application shall be 
 49.16  reviewed under the work first program in lieu of the AFDC or FGA 
 49.17  program, and that as part of the application process, applicants 
 49.18  are required to attend orientation, to be followed immediately 
 49.19  by a job search; 
 49.20     (2) the program provider, the date, time, and location of 
 49.21  the scheduled program orientation; 
 49.22     (3) the procedures for qualifying for and receiving 
 49.23  transitional cash benefits under the program; 
 49.24     (4) the immediate availability of supportive services, 
 49.25  including, but not limited to, child care, transportation, 
 49.26  medical assistance, and other work-related aid; and 
 49.27     (5) the rights, responsibilities, and obligations of 
 49.28  participants in the program, including, but not limited to, the 
 49.29  grounds for exemptions and deferrals, the consequences for 
 49.30  refusing or failing to participate fully, and the appeal process.
 49.31     Subd. 2.  [PROGRAM ORIENTATION.] The provider must give a 
 49.32  face-to-face orientation regarding the program to the applicant 
 49.33  within five days after the date of application.  The orientation 
 49.34  must be designed to inform the applicant of: 
 49.35     (1) the importance of locating and obtaining a job as soon 
 49.36  as possible; 
 50.1      (2) that transitional benefits shall be provided to support 
 50.2   work; 
 50.3      (3) the manner by which transitional benefits shall be 
 50.4   paid; 
 50.5      (4) how other supportive services such as medical 
 50.6   assistance, child care, transportation, and other work-related 
 50.7   aid shall be available to support job search and work; 
 50.8      (5) the consequences for failure without good cause to 
 50.9   comply with program requirements; and 
 50.10     (6) the appeal process. 
 50.11     Subd. 3.  [JOB SEARCH PLAN; EMPLOYMENT ADVISOR; FINANCIAL 
 50.12  SPECIALIST.] At the end of orientation, the provider must assign 
 50.13  an employment advisor and a financial specialist to the 
 50.14  applicant.  With advice from the employment advisor, the 
 50.15  applicant must develop a job search plan (JSP) based on existing 
 50.16  job markets, prior employment, work experience, and transferable 
 50.17  work skills.  A job search must be planned and conducted for a 
 50.18  period of up to eight consecutive weeks from the date of 
 50.19  application and for at least 32 hours per week.  The types of 
 50.20  and target number of job openings to be pursued per week must be 
 50.21  written in the job search plan.  The following activities may be 
 50.22  included in the job search plan: 
 50.23     (1) motivational counseling; 
 50.24     (2) job networking or training on how to locate job 
 50.25  openings; 
 50.26     (3) development of a personal resume; and 
 50.27     (4) information on how to conduct job interviews and 
 50.28  establish a personal job network. 
 50.29     Following the development of the JSP or the employability 
 50.30  development plan (EDP) under subdivision 6, the financial 
 50.31  specialist must interview the applicant to determine eligibility 
 50.32  for and the extent of benefits under sections 256.7356 and 
 50.33  256.7357 to support the job search or employability development 
 50.34  plan.  The provider must attach to the appropriate plan, the 
 50.35  summary of the necessary enabling services and benefits to be 
 50.36  furnished by the provider.  The provider or its representative 
 51.1   and the applicant must sign the plan, with its attachment, to 
 51.2   indicate a social contract between the provider and the 
 51.3   participant. 
 51.4      Subd. 4.  [PROVIDER DUTIES.] The provider must act on the 
 51.5   application within 30 days of the application date.  If the 
 51.6   applicant is not eligible, the application will be denied and 
 51.7   the provider must notify the applicant of the denial in 
 51.8   writing.  The applicant may be allowed to complete the job 
 51.9   search plan. 
 51.10     Subd. 5.  [JOB SEARCH STATUS REPORT.] The applicant or 
 51.11  participant must submit a completed JSP status report form to 
 51.12  the employment advisor every two weeks during the job search 
 51.13  process, with the first completed form due 21 days after the 
 51.14  date of application. 
 51.15     Subd. 6.  [EMPLOYABILITY DEVELOPMENT PLAN.] At the 
 51.16  discretion and approval of the employment advisor, the applicant 
 51.17  may be deferred from the requirement to conduct at least 32 
 51.18  hours of job search per week for up to eight consecutive weeks, 
 51.19  if during the development of the job search plan, the applicant 
 51.20  is determined to: 
 51.21     (1) be dealing with issues from chemical dependency or 
 51.22  abuse, or other personal problems, provided that the applicant 
 51.23  agrees to develop an EDP instead of a JSP, and immediately 
 51.24  follow through with the activities in the EDP.  The EDP must 
 51.25  include specific outcomes that the applicant must achieve for 
 51.26  the duration of the EDP and activities which are needed to 
 51.27  address the issues identified; or 
 51.28     (2) not have worked within the past 12 months and not have 
 51.29  a high school or a general equivalency diploma provided the 
 51.30  applicant agrees to develop and carry out an EDP instead of job 
 51.31  search, and concurrently works for at least 16 hours per week in 
 51.32  a temporary public service job.  The EDP must include the 
 51.33  employment goals and specific outcomes the participant must 
 51.34  achieve; or 
 51.35     (3) be within six months of completing any post-secondary 
 51.36  training program, provided that the applicant agrees to develop 
 52.1   and carry out an EDP instead of a job search, and concurrently 
 52.2   work for at least 16 hours per week in a temporary public 
 52.3   service job.  The EDP must include the employment goal and 
 52.4   specific outcomes that the participant must achieve.  The 
 52.5   applicant that is deferred under clause (2) or (3) may choose to 
 52.6   work in a nonsubsidized job for at least 16 hours per week 
 52.7   rather than in a temporary public service job.  Under clause 
 52.8   (1), the applicant may be deferred for up to eight weeks; under 
 52.9   clause (2) or this clause, the applicant may be deferred for up 
 52.10  to six months.  At the end of the deferment period, the 
 52.11  participant must develop a job search plan and conduct at least 
 52.12  32 hours of job search per week for up to eight consecutive 
 52.13  weeks, and submit reports as required under subdivisions 3 and 5.
 52.14     Subd. 7.  [EDP STATUS REPORT.] The participant who is 
 52.15  deferred from job search under subdivision 6 must submit a 
 52.16  completed EDP status report form to the employment advisor every 
 52.17  14 days as long as the participant continues to be deferred, 
 52.18  with the first completed form due 21 days after the date of 
 52.19  application. 
 52.20     Subd. 8.  [JOB OFFER.] The participant must not refuse any 
 52.21  job offer, provided that the job is within the participant's 
 52.22  physical and mental abilities, pays hourly gross wages of not 
 52.23  less than the applicable state or federal minimum wage, and 
 52.24  meets health and safety standards set by federal, state, and 
 52.25  local agencies.  If a job is offered, the participant must 
 52.26  inform the provider immediately to redetermine eligibility for 
 52.27  and extent of benefits and services to support work.  To ensure 
 52.28  job retention, the provider may provide services such as 
 52.29  motivational counseling or on-site problem solving for up to six 
 52.30  months.  The participant who has completed at least six months 
 52.31  of work in a nonsubsidized job shall be encouraged to 
 52.32  participate in a training program that would improve the 
 52.33  participant's ability to obtain a job that pays a higher wage. 
 52.34     Subd. 8a.  [DUTY TO REPORT.] The participant must 
 52.35  immediately inform the provider regarding any changes related to 
 52.36  the participant's employment status. 
 53.1      Subd. 9.  [REQUIREMENT TO WORK IN A TEMPORARY PUBLIC 
 53.2   SERVICE JOB.] (a) If after the completion of the maximum eight 
 53.3   weeks of job search the participant has failed to secure a 
 53.4   nonsubsidized or a subsidized job for at least 32 hours per 
 53.5   week, or does not earn a net income from self-improvement that 
 53.6   is equal to at least the AFDC or FGA monthly grant for the 
 53.7   household size, whichever is applicable, the participant is 
 53.8   required to work in a temporary public service job for up to 
 53.9   four months for (1) at least 32 hours per week, or (2) a period 
 53.10  equivalent to the result of dividing the AFDC or FGA grant 
 53.11  amount which the participant would otherwise receive, whichever 
 53.12  is applicable, by the federal hourly minimum wage, or applicable 
 53.13  hourly state minimum wage, or the hourly rate of pay for 
 53.14  individuals employed in the same occupation at the site; 
 53.15  whichever is highest.  If the result is more than 128 hours, the 
 53.16  participant's requirement to work in a temporary public service 
 53.17  job shall not be more than 32 hours per week. 
 53.18     (b) Within seven days from the date of application the 
 53.19  participant that is deferred under subdivision 6, clause (2) or 
 53.20  (3), must work in a temporary public service job for at least 16 
 53.21  hours per week, unless the participant chooses to work in 
 53.22  nonsubsidized jobs for at least 16 hours per week.  
 53.23     (c) The provider shall strive to match the profile of the 
 53.24  participant with the needs of the employers that are 
 53.25  participating in temporary jobs program under section 256.7355. 
 53.26     Subd. 10.  [TERMINATION OF WORK ASSIGNMENT.] If after four 
 53.27  months of work in a temporary public service job, the 
 53.28  participant has not secured a nonsubsidized job, the employer 
 53.29  must terminate the work assignment and refer the participant to 
 53.30  the provider for assessment.  The provider must immediately 
 53.31  refer the participant back to the county agency for aid under 
 53.32  the AFDC or FGA program, and other work and training programs. 
 53.33     Sec. 5.  [256.7354] [JOB DEVELOPMENT AND SUBSIDY.] 
 53.34     Subdivision 1.  [JOB INVENTORY.] The provider must develop 
 53.35  an inventory of job openings including full-time, part-time, 
 53.36  permanent, temporary or seasonal, and training positions, in 
 54.1   partnership with private and public employers, local industry 
 54.2   councils, and employment agencies.  To the extent possible, the 
 54.3   inventory must include specific information regarding job 
 54.4   openings, must be updated on a weekly basis, and available to 
 54.5   all participants on a daily basis. 
 54.6      Subd. 2.  [JOB SUBSIDY.] The provider may subsidize a job 
 54.7   for the purpose of providing work experience or training to the 
 54.8   participant who has completed the job search plan, provided that 
 54.9   (1) the job to be subsidized is permanent and full time, and 
 54.10  pays an hourly rate of at least $6 per hour; (2) the employer 
 54.11  agrees to retain the participant after satisfactory completion 
 54.12  of the work experience or training period; and (3) the 
 54.13  participant has first tried to secure a nonsubsidized job by 
 54.14  following the job search plan.  The subsidy may be available for 
 54.15  up to six months. 
 54.16     Sec. 6.  [256.7355] [TEMPORARY JOBS PROGRAM.] 
 54.17     Subdivision 1.  [PROGRAM ESTABLISHED.] The provider must 
 54.18  establish and operate a program to provide temporary jobs to 
 54.19  participants who, after eight weeks of job search, are not hired 
 54.20  into a nonsubsidized or a subsidized job, or are deferred under 
 54.21  section 256.7353, subdivision 6, clause (2) or (3).  The 
 54.22  temporary jobs to be created under this section must be public 
 54.23  service jobs that serve a useful public service such as:  
 54.24  health, social service, environmental protection, education, 
 54.25  urban and rural development and redevelopment, welfare, 
 54.26  recreation, public facilities, public safety, community service, 
 54.27  services to the aged or disabled citizens, and child care. 
 54.28     Subd. 2.  [ASSIGNMENT TO TEMPORARY PUBLIC SERVICE 
 54.29  JOBS.] The provider must assign the participant that is within 
 54.30  completion of the required eight weeks of job search and has 
 54.31  failed to secure a nonsubsidized or a subsidized job for at 
 54.32  least 32 hours per week, or does not earn a net income from 
 54.33  self-employment that is equal to at least the AFDC or FGA 
 54.34  monthly grant for the household size, whichever is applicable, 
 54.35  to a temporary public service job.  The assignment must be made 
 54.36  seven days before the end of the job search and be based on 
 55.1   section 256.7353, subdivision 9.  The participant that is 
 55.2   deferred under section 256.7353, subdivision 6 will be assigned 
 55.3   by the provider to a temporary public service job within seven 
 55.4   days after the application. 
 55.5      Subd. 3.  [STIPEND.] The participant shall be paid an 
 55.6   hourly stipend that is equal to the federal hourly minimum wage, 
 55.7   or applicable hourly state minimum wage, or the hourly rate of 
 55.8   pay for individuals employed in the same or similar occupations 
 55.9   at the site, whichever is highest.  The stipend shall be paid by 
 55.10  the employer in which the temporary public service job is 
 55.11  located. 
 55.12     Subd. 4.  [TRAINEE STATUS.] The participant who is working 
 55.13  in a temporary public service job under this section is 
 55.14  considered a trainee for the purposes of workers' compensation, 
 55.15  unemployment insurance compensation, retirement, or civil 
 55.16  service laws, and shall not perform work ordinarily performed by 
 55.17  a regular public employee. 
 55.18     Subd. 5.  [JOB SEARCH REQUIREMENT.] At the discretion of 
 55.19  the employer or the provider, the participant who is working in 
 55.20  a temporary public service job under section 256.7353, 
 55.21  subdivision 9, may be required to continue to look for a job for 
 55.22  up to eight hours per week.  For the purpose of paying stipends, 
 55.23  hours spent to conduct job search shall also be considered as 
 55.24  hours worked. 
 55.25     Subd. 6.  [EXCUSED ABSENCES.] The participant who is 
 55.26  working in a temporary public service job may be allowed excused 
 55.27  absences from the assigned temporary job site up to eight hours 
 55.28  per month.  For the purposes of this subdivision, "excused 
 55.29  absence" means absence due to temporary illness or injury of the 
 55.30  caretaker or a member of the caretaker's family, the 
 55.31  unavailability of licensed child care or transportation needed 
 55.32  to go to and from the work site, a job interview, or a 
 55.33  nonmedical emergency.  For the purposes of this subdivision, 
 55.34  "emergency" has the meaning given it in section 256.736, 
 55.35  subdivision 10a, paragraph (g), clause (3).  The commissioner 
 55.36  shall determine other situations under which the provider may 
 56.1   adjust the amount of cash grants or wage supplements under 
 56.2   section 256.7356. 
 56.3      Sec. 7.  [256.7356] [TRANSITIONAL BENEFITS TO SUPPORT 
 56.4   WORK.] 
 56.5      Subdivision 1.  [RENT AND UTILITIES VENDOR 
 56.6   PAYMENT.] Payments for rent and utilities up to the grant amount 
 56.7   that the applicant or participant would otherwise receive under 
 56.8   the AFDC or FGA program, whichever is applicable, will be 
 56.9   provided in the form of vendor payments for up to two months.  
 56.10  To the extent needed, a job search allowance will be provided 
 56.11  for up to eight weeks to cover expenses related to the job 
 56.12  search, or while the applicant or the participant is deferred 
 56.13  under section 256.7353, subdivision 6.  Before the job search 
 56.14  allowance is issued, it must be approved by the employment 
 56.15  advisor and financial specialist, and clearly described in the 
 56.16  job search or employability development plan. 
 56.17     Subd. 2.  [STIPENDS TO NONDEFERRED PARTICIPANTS.] (a) 
 56.18  Stipends will be paid to the nondeferred participant who is 
 56.19  working in a temporary public service job, at an hourly rate 
 56.20  equal to (1) the federal hourly minimum wage, (2) the applicable 
 56.21  hourly state minimum wage, or (3) the hourly rate of pay for 
 56.22  individuals employed in the same or similar occupations at the 
 56.23  site of the temporary public service job, whichever is highest, 
 56.24  will be paid to the nondeferred participant who is working in a 
 56.25  temporary public service job.  The employer shall pay the 
 56.26  stipends at least two times per month or according to the 
 56.27  employer's payroll schedule for the number of hours worked 
 56.28  during a two-week period. 
 56.29     (b) The applicant or participant who is deferred under 
 56.30  section 256.7353, subdivision 6, clause (2) or (3), will be paid 
 56.31  a semi-monthly stipend equal to half of the AFDC or FGA grant 
 56.32  for the household size, whichever is applicable, provided that 
 56.33  the applicant or participant is working in a temporary public 
 56.34  service job for at least 16 hours per week and complies with 
 56.35  activities described in the EDP. 
 56.36     Subd. 3.  [WAGE SUPPLEMENT.] (a) A wage supplement to cover 
 57.1   the entire expense or part of the expense incurred for 
 57.2   transportation to and from work, uniforms, tools and equipment 
 57.3   used on the job, and for meals up to $3 per work day, shall be 
 57.4   available to the participant whenever the net income is less 
 57.5   than the grant amount in any given month that the participant 
 57.6   would otherwise receive money under the AFDC or FGA program, 
 57.7   whichever is applicable.  The amount of a wage supplement for 
 57.8   any given month is determined by subtracting the net income for 
 57.9   a given month from the AFDC or FGA grant amount for the 
 57.10  household size.  The employer shall pay the wage supplement one 
 57.11  week after the last pay check or stipend in a given month.  The 
 57.12  wage supplement shall be available for up to six months.  A wage 
 57.13  supplement will not be used to adjust a decrease in a 
 57.14  participant's net income due to unexcused absences. 
 57.15     (b) The provider may advance a part of a projected wage 
 57.16  supplement to assist the participant in meeting work expenses 
 57.17  listed under paragraph (a) during the first two weeks of 
 57.18  employment. 
 57.19     Sec. 8.  [256.7357] [ELIGIBILITY FOR FOOD STAMPS, MEDICAL 
 57.20  ASSISTANCE, AND CHILD CARE.] 
 57.21     The participant shall be treated as an AFDC or FGA 
 57.22  recipient for food stamps, medical assistance, and child care 
 57.23  eligibility purposes.  As with an AFDC recipient, the 
 57.24  participant who leaves the program as a result of increased 
 57.25  earnings from employment shall be eligible for transitional 
 57.26  medical assistance and child care. 
 57.27     Sec. 9.  [256.7358] [SANCTIONS AND APPEAL PROCESS.] 
 57.28     Subdivision 1.  [SANCTIONS.] The provider and the employer 
 57.29  participating in this program under sections 256.7354 and 
 57.30  256.7355 shall be guided by the sanctions described under this 
 57.31  subdivision when the participant without good cause fails to 
 57.32  fully comply with the requirements of the program. 
 57.33     (a) If the participant does not attend the face-to-face 
 57.34  orientation as notified and scheduled, or fails to develop a JSP 
 57.35  or EDP seven days after the date of application, the application 
 57.36  process will be terminated. 
 58.1      (b) If the participant fails to conduct at least 32 hours 
 58.2   of job search per week in any given two-week period, the 
 58.3   participant will be immediately required to work for at least 16 
 58.4   hours per week in a temporary public service job, provided that 
 58.5   the participant has received at least one written warning from 
 58.6   the provider.  The required 32 hours per week of job search will 
 58.7   be reduced to 16 hours. 
 58.8      (c) If the participant who is deferred under section 
 58.9   256.7353, subdivision 6, fails to comply with the activities 
 58.10  described in the EDP, the participant will lose the deferment 
 58.11  status, provided that the participant has received at least two 
 58.12  written warnings from the provider. 
 58.13     (d) If the participant who is assigned to work in a 
 58.14  temporary public service job fails to perform according to the 
 58.15  personnel practices established by the employer or as agreed 
 58.16  upon among the provider, the participant, and the employer, the 
 58.17  employer reserves the right to impose disciplinary actions 
 58.18  according to established standards and procedures at the work 
 58.19  site including job termination. 
 58.20     (e) If the participant refuses to work in a temporary 
 58.21  public service job, or is terminated from temporary public 
 58.22  service or a nonsubsidized or a subsidized job, the participant 
 58.23  shall not be eligible to apply for aid under the AFDC or FGA 
 58.24  programs or the work first program for at least six months from 
 58.25  the date of refusal or termination.  If the participant 
 58.26  voluntarily quits a nonsubsidized or a subsidized job, the 
 58.27  participant shall immediately be assigned to work in a temporary 
 58.28  public service job for at least 32 hours per week for up to at 
 58.29  least four months, unless the participant is hired or rehired 
 58.30  into a nonsubsidized or subsidized job. 
 58.31     Subd. 2.  [EMPLOYERS DUTY.] The employer participating in 
 58.32  the program under sections 256.7354 and 256.7355 must consult 
 58.33  with the provider before deciding to apply the sanctions listed 
 58.34  under subdivision 1, paragraphs (d) and (e). 
 58.35     Subd. 3.  [NOTICE OF SANCTIONS.] If the provider or the 
 58.36  employer determines that the participant has failed or refused 
 59.1   without good cause to cooperate with the program requirements, 
 59.2   the provider or the employer shall inform the caretaker in 
 59.3   writing of its intent to impose an applicable sanction listed 
 59.4   under subdivision 1.  The notice must include a detailed 
 59.5   explanation of the decision and the right to request, within 
 59.6   five days of receipt of the notice, a conciliation conference.  
 59.7   If the dispute between the provider and the participant is not 
 59.8   resolved in the conciliation conference or a request for a 
 59.9   conciliation conference is not made within the required time, 
 59.10  the provider must inform the county agency of the participant's 
 59.11  failure without good cause to comply with the requirements of 
 59.12  the program.  Any determination, action, or inaction on the part 
 59.13  of the county agency relating to the participant's participation 
 59.14  in the program is subject to the notice and hearing procedures 
 59.15  in section 256.045, and Code of Federal Regulations, title 45, 
 59.16  section 205.10. 
 59.17     Sec. 10.  [256.7359] [FUNDING.] 
 59.18     Subdivision 1.  [BLOCK GRANT.] A block grant to fund the 
 59.19  entire program including, but not limited to, the costs for 
 59.20  program administration and provision of transitional cash 
 59.21  benefits and program services will be paid to the county agency 
 59.22  or provider participating in the work first program. 
 59.23     Subd. 2.  [LEVERAGING GRANT AMOUNT TO SECURE OTHER 
 59.24  FUNDS.] The county agency or the provider in cooperation with 
 59.25  the department may leverage the grant amount to secure other 
 59.26  funds from employers, foundations, and the community for the 
 59.27  purpose of developing additional components to benefit children 
 59.28  and improve the program. 
 59.29     Subd. 3.  [EMPLOYER REIMBURSEMENT.] The employer shall be 
 59.30  reimbursed for wages paid to participants under section 
 59.31  256.7354, subdivision 2, and for the stipends paid to 
 59.32  participants under section 256.7356, subdivision 2. 
 59.33                             ARTICLE 7 
 59.34     Section 1.  Minnesota Statutes 1994, section 256.73, is 
 59.35  amended by adding a subdivision to read: 
 59.36     Subd. 5a.  [RESTRICTIONS ON ASSISTANCE TO MINOR 
 60.1   PARENTS.] (a) The definitions in this paragraph apply to this 
 60.2   subdivision.  
 60.3      (1) "Minor parent" means an individual who:  
 60.4      (i) is under the age of 18; 
 60.5      (ii) has never been married or is not otherwise legally 
 60.6   emancipated; and 
 60.7      (iii) is either the natural parent of a dependent child 
 60.8   living in the same household or eligible for assistance paid to 
 60.9   a pregnant woman under subdivision 5.  
 60.10     (2) "Household of a parent, legal guardian, or other adult 
 60.11  relative" means the place of residence of:  
 60.12     (i) a natural or adoptive parent; 
 60.13     (ii) a legal guardian pursuant to appointment or acceptance 
 60.14  under section 260.242, 525.615, or 525.6165, and related laws; 
 60.15  or 
 60.16     (iii) another individual who is age 18 or over and related 
 60.17  to the minor parent as specified in Code of Federal Regulations, 
 60.18  title 45, section 233.90(c)(1)(v), provided that the residence 
 60.19  is maintained as a home for the minor parent and child under 
 60.20  Code of Federal Regulations, title 45, section 233.90(1)(v)(B). 
 60.21     (3) "Adult-supervised supportive living arrangement" means 
 60.22  a private family setting which assumes responsibility for the 
 60.23  care and control of the minor parent and dependent child, or 
 60.24  other living arrangement (not including a public institution) 
 60.25  which ensures that the minor parent receives supportive 
 60.26  services, such as counseling, guidance, independent living 
 60.27  skills training, or supervision.  
 60.28     (b) A minor parent and the dependent child who is in the 
 60.29  care of the minor parent must reside in the household of a 
 60.30  parent, legal guardian, or other adult relative, or in an 
 60.31  adult-supervised supportive living arrangement in order to 
 60.32  receive AFDC unless: 
 60.33     (1) the minor parent has no living parent or legal guardian 
 60.34  whose whereabouts is known; 
 60.35     (2) no living parent or legal guardian of the minor parent 
 60.36  allows the minor parent to live in the parent's or legal 
 61.1   guardian's home; 
 61.2      (3) the minor parent lived apart from the minor parent's 
 61.3   parent or legal guardian for a period of at least one year 
 61.4   before either the birth of the dependent child or the parent's 
 61.5   having made application for AFDC; 
 61.6      (4) the physical or emotional health or safety of the minor 
 61.7   parent or dependent child would be jeopardized if they resided 
 61.8   in the same residence with the minor parent's parent or legal 
 61.9   guardian; or 
 61.10     (5) there is good cause for the minor parent and dependent 
 61.11  child to receive assistance while living apart from the minor 
 61.12  parent's parent, legal guardian, or other adult relative, or an 
 61.13  adult supervised supportive living arrangement in that the minor 
 61.14  parent and dependent child have, on the effective date of this 
 61.15  section, been living independently as part of an approved social 
 61.16  services plan for less than the one-year period required under 
 61.17  clause (3). 
 61.18     (c) Minor applicants must be informed orally and in writing 
 61.19  about the eligibility requirements and their rights and 
 61.20  obligations under the program.  The county must advise the minor 
 61.21  of the possible exemptions and specifically ask whether one or 
 61.22  more of these exemptions is applicable.  If the minor alleges 
 61.23  one or more of these exemptions, then the county must assist the 
 61.24  minor in obtaining the necessary verifications to determine 
 61.25  whether or not these exemptions apply.  
 61.26     (d) If the county worker has reason to suspect that the 
 61.27  physical or emotional health or safety of the minor parent or 
 61.28  dependent child would be jeopardized if they resided with the 
 61.29  minor parent's parent or legal guardian, then the county worker 
 61.30  must make a referral to child protective services to determine 
 61.31  if paragraph (b), clause (4), applies.  
 61.32     (e) If a minor parent is not living with a parent or legal 
 61.33  guardian due to paragraph (b), clause (2) or (4), the minor 
 61.34  parent must reside, when possible, in a living arrangement that 
 61.35  meets the standards of paragraph (a), clause (3).  
 61.36     (f) When a minor parent and dependent child live with the 
 62.1   minor parent's parent, legal guardian, or other adult relative, 
 62.2   or in an adult supervised supportive living arrangement, then 
 62.3   AFDC must be paid, when possible, in the form of a protective 
 62.4   payment on behalf of the minor parent and dependent child in 
 62.5   accordance with Code of Federal Regulations, title 45, section 
 62.6   234.60.  
 62.7      (g) This subdivision will not take effect until the waivers 
 62.8   requested in article 8 have been implemented.  
 62.9                              ARTICLE 8 
 62.10     Section 1.  [WAIVER OF AFDC BARRIERS.] 
 62.11     Subdivision 1.  [REQUEST.] The department of human services 
 62.12  shall make a single request for the waivers listed in this 
 62.13  section to the United States Department of Health and Human 
 62.14  Services.  The waivers in the package support and encourage AFDC 
 62.15  recipients to move from reliance on welfare to self-sufficiency 
 62.16  and remove the financial incentive minor parents have to set up 
 62.17  independent households.  The commissioner shall negotiate with 
 62.18  the federal agency in an effort to develop a cost-effective 
 62.19  evaluation process to meet the evaluation requirements for 
 62.20  waivers granted under United States Code, title 42, section 
 62.21  1315, of the Social Security Act.  
 62.22     Subd. 2.  [WAIVER TO DISREGARD PARENTAL INCOME WHEN A MINOR 
 62.23  PARENT LIVES WITH PARENTS.] The commissioner shall seek a waiver 
 62.24  from the filing unit requirement, under Code of Federal 
 62.25  Regulations, title 45, section 206.10(a)(1)(vii), for minor 
 62.26  parents who live with a parent on AFDC with other dependent 
 62.27  children so that the minor can get the same separate need 
 62.28  standard as the minor would get if the parent were not on AFDC.  
 62.29  The commissioner shall also seek a waiver to disregard all 
 62.30  parental income if the parent is on AFDC and has other dependent 
 62.31  children; and if the parent and other children are not on AFDC, 
 62.32  to disregard income equal to 150 percent of the federal poverty 
 62.33  guideline for a family size not including the minor parent and 
 62.34  the minor parent's children and deem the remainder of parental 
 62.35  income under Code of Federal Regulations, title 45, section 
 62.36  233.20(a)(3)(xviii).  The general policy in requesting these 
 63.1   waivers is to keep the family intact and give the minor parent, 
 63.2   the dependent child, and the grandparent an incentive to 
 63.3   continue living together as a family.  The incentive is to 
 63.4   provide the minor parent with a grant without taking a grant 
 63.5   away from the grandparent, and disregarding a portion of the 
 63.6   grandparent's income.  These waivers encourage a minor parent to 
 63.7   remain living with the parent by reducing the barriers to 
 63.8   receiving assistance.  
 63.9      Subd. 3.  [WAIVER OF THE 100-HOUR RULE; WORK HISTORY 
 63.10  REQUIREMENT; 30-DAY WAITING PERIOD REQUIREMENT.] The 
 63.11  commissioner shall seek a waiver to eliminate the 100-hour rule 
 63.12  under Code of Federal Regulations, title 45, section 
 63.13  233.100(a)(1)(i); the eligibility requirement for past 
 63.14  employment history under Code of Federal Regulations, title 45, 
 63.15  section 233.100(a)(3)(iii); and the requirement for a 30-day 
 63.16  waiting period under Code of Federal Regulations, title 45, 
 63.17  section 233.100(a)(3)(i). 
 63.18     Subd. 4.  [WAIVER OF MOTOR VEHICLE RESOURCE LIMIT.] The 
 63.19  commissioner shall seek a waiver to set and periodically adjust 
 63.20  the maximum equity value of a licensed motor vehicle which can 
 63.21  be excluded as a resource under Code of Federal Regulations, 
 63.22  title 45, section 233.20(a)(3)(i)(B)(2), according to the level 
 63.23  permitted under the federal Food Stamp Program.  This waiver is 
 63.24  essential for AFDC recipients who need reliable transportation 
 63.25  to participate in education, work, and training to become 
 63.26  self-sufficient.  
 63.27     Subd. 5.  [WAIVER TO ALLOW STUDENTS TO EARN AND SAVE 
 63.28  INCOME.] The commissioner shall seek a waiver of the federal 
 63.29  regulations which require, for purposes of eligibility 
 63.30  determination and benefit calculation, the counting of the 
 63.31  earned income of dependent children and minor caretakers who are 
 63.32  attending school at least half time.  The commissioner shall 
 63.33  also seek a waiver which allows savings set aside in a separate 
 63.34  account under this subdivision to be excluded from the AFDC 
 63.35  resource limits.  The purpose of this waiver is to encourage 
 63.36  students to save at least part of their earnings for future 
 64.1   education or employment needs. 
 64.2      Subd. 6.  [IMPLEMENTATION.] The commissioner shall 
 64.3   implement the program changes authorized under this section 
 64.4   promptly upon approval of the waiver, provided all conditions 
 64.5   are met under Minnesota Statutes, section 256.01, subdivision 2, 
 64.6   clause (12). 
 64.7      Sec. 2.  [REPEALER.] 
 64.8      Minnesota Statutes 1994, section 256.734, is repealed.  
 64.9                              ARTICLE 9 
 64.10     Section 1.  [256.7375] [INJURY PROTECTION FOR WORK 
 64.11  EXPERIENCE PARTICIPANTS.] 
 64.12     Subdivision 1.  [COVERAGE.] Any claims or demands arising 
 64.13  out of an injury or death of an AFDC, work readiness, or 
 64.14  Minnesota parents' fair share participant in a work experience 
 64.15  program established and operated by a county under section 
 64.16  256.737, chapter 256D, or section 402(a)(19)(B) of the Family 
 64.17  Support Act of 1988 shall be presented, heard, and determined as 
 64.18  provided in subdivision 2.  
 64.19     Subd. 2.  [EVALUATION AND PAYMENT OF CLAIMS.] (a) Claims 
 64.20  under this section shall be investigated by the county human 
 64.21  service agency provider responsible for supervising the work to 
 64.22  determine if the claim is valid and if the loss is covered by 
 64.23  the claimant's insurance.  The county agency provider shall 
 64.24  submit all valid claims to the department of human services.  
 64.25     (b) The department shall pay that portion of an approved 
 64.26  claim that is not covered by the claimant's private insurance if 
 64.27  the total claim is $1,000 or less.  The department's payment 
 64.28  must be made within three months of the date the client agrees 
 64.29  to accept settlement of the claim.  
 64.30     (c) Claims for permanent total disability, permanent 
 64.31  partial disability, and death claims, will be referred to the 
 64.32  department of labor and industry for assessment.  The department 
 64.33  of labor and industry shall verify the validity of the claim and 
 64.34  recommend compensation.  The compensation recommended must 
 64.35  afford the same protection for on-site injuries at the same 
 64.36  level and to the same extent as provided in chapter 176.  
 65.1      (d) On or before the first day of the legislative session, 
 65.2   the department shall submit a report on claims paid during the 
 65.3   preceding calendar year to the joint senate/house subcommittee 
 65.4   on claims.  The department shall be reimbursed by legislative 
 65.5   appropriation for any claims that exceed the original 
 65.6   appropriation provided to the department to operate this 
 65.7   program.  Any unspent money from this fund shall carry over to 
 65.8   the second year of the biennium, and any unspent money remaining 
 65.9   at the end of the second year shall be returned to the state 
 65.10  general fund.  
 65.11     (e) A claim in excess of $1,000 shall be presented to, 
 65.12  heard, and determined by the joint senate/house subcommittee on 
 65.13  claims and if approved, shall be paid pursuant to legislative 
 65.14  claims procedure.  A claimant may present to the committee any 
 65.15  claim that was rejected by the department for the committee's 
 65.16  determination.  
 65.17     Subd. 3.  [LIMITATIONS.] Compensation paid under this 
 65.18  section is limited to reimbursement for medical expenses and 
 65.19  compensation for disability as impairment compensation or for 
 65.20  death.  No compensation shall be paid under this section for 
 65.21  pain and suffering or for lost wages.  Payments made under this 
 65.22  section shall be reduced by any proceeds received by the 
 65.23  claimant from any insurance policy covering the loss.  For the 
 65.24  purposes of this section, "insurance policy" does not include 
 65.25  the medical assistance program authorized under chapter 256B or 
 65.26  the general assistance medical care program authorized under 
 65.27  chapter 256D.  
 65.28     Subd. 4.  [EXCLUSIVE REMEDY.] The procedure established by 
 65.29  this section is exclusive of all other legal, equitable, and 
 65.30  statutory remedies against the state, its political 
 65.31  subdivisions, or employees of the state or its political 
 65.32  subdivisions.  The claimant shall not be entitled to seek 
 65.33  damages pursuant to any state or county insurance policy or 
 65.34  self-insurance program.  
 65.35     Sec. 2.  [EFFECTIVE DATE.] 
 65.36     Section 1 [256.7375] is effective July 1, 1995.  The 
 66.1   effective date for submission of claims is November 1, 1995.  
 66.2                              ARTICLE 10 
 66.3      Section 1.  Minnesota Statutes 1994, section 256.035, 
 66.4   subdivision 6d, is amended to read: 
 66.5      Subd. 6d.  [~~LENGTH OF JOB SEARCH~~ OBLIGATION TO SEEK AND 
 66.6   OBTAIN FULL-TIME EMPLOYMENT.] (a) When the family support 
 66.7   agreement specifies a date when job search should begin, the 
 66.8   parental caregiver must participate in employment search 
 66.9   activities.  If, after three months of search, the parental 
 66.10  caregiver does not find a job that is consistent with the 
 66.11  parental caregiver's employment goal, the parent must accept any 
 66.12  suitable employment.  The search may be extended for up to three 
 66.13  months if the parental caregiver seeks and needs additional job 
 66.14  search assistance. 
 66.15     (b) When the family support agreement specifies job search 
 66.16  consistent with the overall employment goal, the caregiver is 
 66.17  expected to seek and accept full-time employment.  For this 
 66.18  purpose, full-time employment means 30 or more hours a week.  
 66.19  Caregivers who are single parents with a child under six satisfy 
 66.20  this requirement by working 20 or more hours a week. 
 66.21     (c) A caregiver who voluntarily quits suitable employment 
 66.22  without good cause or without agreement of the case manager, or 
 66.23  who is terminated for nonperformance, must contact the case 
 66.24  manager within ten calendar days of the date employment ended to 
 66.25  schedule a meeting to revise the family support agreement.  A 
 66.26  caregiver who fails to contact the case manager within the 
 66.27  required time or fails to attend a scheduled meeting to revise 
 66.28  the family support agreement is subject to sanction.  If the 
 66.29  revised family support agreement specifies job search, the 
 66.30  caregiver must take any suitable employment.  A caregiver who 
 66.31  fails to comply is subject to sanction.  A caregiver who 
 66.32  voluntarily quits suitable employment with good cause or who is 
 66.33  laid off must contact the case manager within ten calendar days 
 66.34  of the date employment ended to schedule a meeting to revise the 
 66.35  family support agreement.  A caregiver who fails to contact the 
 66.36  case manager within the required time or fails to attend a 
 67.1   scheduled meeting to revise the family support agreement is 
 67.2   subject to sanction.  If the family support agreement specifies 
 67.3   job search, the search is limited to three months to find a job 
 67.4   related to the caregiver's overall employment goal.  After three 
 67.5   months, the caregiver must take any suitable employment.  A 
 67.6   caregiver who fails to comply is subject to sanction.