HF 3071

as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 04:41pm

A bill for an act
relating to human services; creating certain exemptions from MFIP and general
assistance asset limitations; amending Minnesota Statutes 2008, sections
256D.08, by adding a subdivision; 256J.20, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 256D.08, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin Persons who have lost a job since October 20, 2008,
and have exhausted or are ineligible for benefits under the federal-state extended
unemployment compensation program, federal emergency unemployment compensation,
trade readjustment allowance program, any other federal unemployment compensation, or
benefits under chapter 268, and who meet all other eligibility criteria for general assistance
under sections 256D.01 to 256D.21, are exempt from meeting the real and personal
property limitations under these sections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256J.20, subdivision 1, is amended to read:

Subdivision 1.

Property ownership provisions.

The county agency must apply
paragraphs (a) to deleted text begin (d) deleted text end new text begin (e) new text end to real and personal property. The county agency must use the
equity value of legally available real and personal property, except property excluded in
subdivisions 2 and 3, to determine whether an applicant or participant is eligible for
assistance.

(a) When real or personal property is jointly owned by two or more persons, the
county agency shall assume that each person owns an equal share, except that either
person owns the entire sum of a joint personal checking or savings account. When an
applicant or participant documents greater or lesser ownership, the county agency must
use that greater or lesser share to determine the equity value held by the applicant or
participant. Other types of ownership must be evaluated according to law.

(b) Real or personal property owned by the applicant or participant must be
presumed legally available to the applicant or participant unless the applicant or participant
documents that the property is not legally available to the applicant or participant. When
real or personal property is not legally available, its equity value must not be applied
against the limits of subdivisions 2 and 3.

(c) An applicant must disclose whether the applicant has transferred real or
personal property valued in excess of the property limits in subdivisions 2 and 3 for
which reasonable compensation was not received within one year prior to application.
A participant must disclose all transfers of property valued in excess of these limits,
according to the reporting requirements in section 256J.30, subdivision 9. When a transfer
of real or personal property without reasonable compensation has occurred:

(1) the person who transferred the property must provide the property's description,
information needed to determine the property's equity value, the names of the persons who
received the property, and the circumstances of and reasons for the transfer; and

(2) when the transferred property can be reasonably reacquired, or when reasonable
compensation can be secured, the property is presumed legally available to the applicant
or participant.

(d) A participant may build the equity value of real and personal property to the
limits in subdivisions 2 and 3.

new text begin (e) Persons who have lost a job since October 20, 2008, and have exhausted or are
ineligible for benefits under the federal-state extended unemployment compensation
program, federal emergency unemployment compensation, trade readjustment allowance
program, any other federal unemployment compensation, or benefits under chapter 268,
and who meet all other eligibility criteria under this chapter, are exempt from meeting the
real and personal property limitations under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end