Minnesota Recipients Alliance v. Noot

313 N.W.2d 584, 1981 Minn. LEXIS 1533
CourtSupreme Court of Minnesota
DecidedDecember 17, 1981
DocketNo. 81-1031
StatusPublished
Cited by2 cases

This text of 313 N.W.2d 584 (Minnesota Recipients Alliance v. Noot) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Recipients Alliance v. Noot, 313 N.W.2d 584, 1981 Minn. LEXIS 1533 (Mich. 1981).

Opinion

SIMONETT, Justice.

On August 13, 1981, Congress passed the Omnibus Budget Reconciliation Act of 1981, P. L. 97-35, 95 Stat. 843. Title XXIII, Subtitle A, Section 2301, lowered AFDC payments to working parents by lowering the amount of income that would be disregarded in the calculation of family need. These new requirements were effective on October 1,1981, with the exception that any provisions of the Act in conflict with state law are not to be effective until the first month after the close of the state’s next legislative session.1

Plaintiffs, Minnesota Recipients Alliance and others, a coalition of welfare recipients, brought an action in state court to enjoin the defendants, Arthur Noot, Commissioner of Public Welfare, and the Minnesota Department of Public Welfare (DPW), from implementing their new regulations in conformance with the Reconciliation Act on the grounds that state law is inconsistent with the federal amendments. The action was removed to federal district court. The federal district court, Judge Miles Lord presiding, granted a temporary injunction2 (affirmed by the Eighth Circuit) and now certifies to us three questions.

In calculating aid payments under Aid to Families with Dependent Children (AFDC), the state determines the monthly established need. Income received by the recipient from outside sources, such as wages of a working mother are then deducted from the established need figure, and the result is [586]*586paid the recipient. The less income available to the parent, the larger the AFDC payment.

Prior to October 1981 income of working mothers was reduced by deducting certain items called “disregards.” These disregards fell into two categories: “work expense disregards,” which included such items as income taxes, union dues, allowance for travel and meals, and child care costs; and a “work incentive disregard,” consisting of the disregard of the “first $30 of the total of such earned income for such month plus one-third of the remainder.” 42 U.S.C. § 602(a)(8)(A)(ii) (1976). Only the income available to the mother after these “disregards” were deducted was used to reduce the size of the AFDC payment.

The Reconciliation Act changes these “disregards.” Under the recent federal amendments, “work expense disregards” are limited to $160 a month for child care and $75 for all other expenses, including taxes. This change alone may reduce the working mother’s AFDC grant by several hundred dollars. The second change made by the Reconciliation Act requires that the “$30 plus one-third” work incentive disregard be deducted from “net” rather than “gross” income, i.e., to be taken after the work expense disregards have been made rather than before.

With this brief background, we now consider the three certified questions.

I.

First Question: Minn. Stat. § 256.73, subd. 6 (1980), reads in part: “All net earned or unearned income not specifically disregarded by the social security act, the code of federal regulations, a state law, rules and regulations, shall be income applicable to the budgetary needs of the family.”
1. Is this statute consistent with a policy under which deductions for work expenses are limited to $160 per child for child care and to $75 for all other work expenses (regardless of the actual amount of work expenses) in the calculation of AFDC benefits?

We answer this question “yes.” We find no inconsistency in the language of section 256.73, subd. 6, with the new disregard formulas of the federal Reconciliation Act.

While this statute clearly incorporates into Minnesota’s program all “work expense disregards” established by federal as well as state regulations, plaintiffs argue that the state statute must be construed according to federal regulations as they read when the statute was enacted in 1977. At that time all actual work expenses were taken into account before income was deducted from calculations of family need.

Plaintiffs argue that we should follow the holding of Wallace v. Commissioner of Taxation, 289 Minn. 220, 184 N.W.2d 588 (1971), that a state statute parallel to federal law should be construed as the parallel law read at that time and not as it may have been amended subsequently:

In considering the issue of whether a change in Federal law may alter the force and effect of provisions in a prior state law governing the same subject, it may be said that the principle which controls is that a state legislature may not delegate its legislative powers to any outside agency, including the Congress of the United States.

Id., 289 Minn. at 226, 184 N.W.2d at 591. Accordingly, this court in Wallace followed its own state taxation statute even after a parallel federal statute was amended.

There are two major flaws with plaintiffs’ analysis. First, Wallace itself contains an exception to the general nondele-gable principle. Second and even more damaging to the welfare recipients is that the question of subsequent amendments is directly addressed in Minnesota law by Chapter 645, on the interpretation of statutes.

Wallace acknowledges that state statutes which are “auxiliary in nature and seek to achieve uniformity in implementation of national programs and policies” may incorporate federal legislation “in futuro.” Id., 289 Minn, at 228, 184 N.W.2d at 592. The [587]*587reasoning behind this exception is that where a state law exists solely pursuant to a national program and where national uniformity is needed, subsequent federal amendments should be binding on the states. While AFDC is a mixed federal and state program, funded and administered cooperatively with certain differences among the various states, eligibility requirements and basic program rules have always been handled by Washington. This is clear from the reference to federal regulations in section 256.73, subd. 6.

Yet even if the application of Wallace could not be resolved, the clear language of Minn.Stat. § 645.31, subd. 2 (1980), is dispos-itive:

When an act adopts the provisions of another law by reference it also adopts by reference any subsequent amendments of such other law, except where there is clear legislative intention to the contrary.

The result of this analysis is consistent with other considerations. It would be unworkable and illogical to lock the state’s AFDC program into federal regulations dating, in some cases, back to 1937. Moreover, the general rules on statutory interpretation require a consideration of the statute’s occasion and necessity. Minn.Stat. § 645.16 (1980). As a cooperative state-federal program, it is appropriate that when the state law incorporates federal regulations, it brings with that incorporation subsequent changes in the federal regulations. See Minn.Stat. § 256.01, subd. 2(5) (1980). Indeed, failure to implement federal changes may jeopardize the state’s receipt of federal funds.

The Minnesota Legislature could, of course, have chosen to write the statute without reference to the federal law but, in this instance, apparently having in mind the cooperative nature of the AFDC program, it chose not to do so.

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313 N.W.2d 584, 1981 Minn. LEXIS 1533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-recipients-alliance-v-noot-minn-1981.